Geneva Conventions Act 1957

1957 CHAPTER 52 5 and 6 Eliz 2

An Act to enable effect to be given to certain international conventions done at Geneva on the twelfth day of August, nineteen hundred and forty-nine, and for purposes connected therewith.

[31st July 1957]

Whereas, with a view to the ratification by Her Majesty of the conventions set out in the Schedules to this Act, it is expedient to make certain amendments in the law:

Commencement Information

I1 Act wholly in force at Royal Assent

Punishment of offenders against conventions U.K.

1 Grave breaches of scheduled conventions. U.K.

(1) Any person, whatever his nationality, who, whether in or outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of [F1 a grave breach of any of the scheduled conventions or the first protocol shall be guilty of an offence]. . .

[F2 (1A) For the purposes of subsection (1) of this section—

(a) a grave breach of a scheduled convention is anything referred to as a grave breach of the convention in the relevant Article, that is to say—

(i) in the case of the convention set out in the First Schedule to this Act, Article 50;

(ii) in the case of the convention set out in the Second Schedule to this Act, Article 51;

(iii) n the case of the convention set out in the Third Schedule to this Act, Article 130;

(iv) in the case of the convention set out in the Fourth Schedule to this Act, Article 147; and

(b) a grave breach of the first protocol is anything referred to as a grave breach of the protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the protocol.]

[F3 (2) In the case of an offence under this section committed outside the United Kingdom, a person may be proceeded against, indicted, tried and punished therefor in any place in the United Kingdom as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 1(1) substituted (20.7.1998) by 1995 c. 27, s. 1(2); S.I. 1998/1505, art. 2

F2 S. 1(1A) inserted (20.7.1998) by 1995 c. 27, s. 1(3); S.I 1998/1505, art. 2

F3 S. 1(2) repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III and (N.I.) by Criminal Law Act (Northern Ireland) 1967 (c. 18), s. 15(2), Sch. 2 Pt. II

F4 S. 1(3)-(5) repealed (1.9.2001 but without application in relation to offences committed before the commencement of s. 70 of the amending Act) by 2001 c. 17, ss. 70(1)(b)(3), 83, Sch. 10 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

[F5 1A Trial and punishment of offences under s.1 U.K.

(1) The following provisions apply in relation to offences under section 1 of this Act.

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted—

(a) in England and Wales, except by or with the consent of the Attorney General;

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

(4) If the offence is not committed in the United Kingdom—

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom.

(5) A person convicted of an offence involving murder shall be dealt with as for an offence of murder.

In this subsection “murder” means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought.

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.]

Textual Amendments

F5 S. 1A inserted (1.9.2001 but without application in relation to offences committed before the commencement of s. 70 of the amending Act) by 2001 c. 17, s. 70(2)(3) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

Provisions as to certain legal proceedings U.K.

2 Notice of trial of protected persons to be served on protecting power, etc. U.K.

(1) The court before which—

(a) a protected prisoner of war is brought up for trial for any offence; or

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more,

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in the next following subsection, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.

(2) The particulars referred to in the foregoing subsection are—

(a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;

(b) his place of detention, internment or residence;

(c) the offence with which he is charged; and

(d) the court before which the trial is to take place and the time and place appointed for the trial.

(3) For the purposes of this section a document purporting—

(a) to be signed on behalf of the protecting power or by the prisoners’ representative or by the person accused, as the case may be; and

(b) to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section,

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) of this section was served on that power, representative or person on that day.

(4) In this section the expression “prisoners’ representative” in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners’ representative within the meaning of article 79 of the convention set out in the Third Schedule to this Act were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment, remand the accused for the period of the adjournment.

3 Legal representation of certain persons. U.K.

(1) The court before which—

(a) any person is brought up for trial for an offence under section one of this Act; or

(b) a protected prisoner of war is brought up for trial for any offence,

shall not proceed with the trial unless—

(i) the accused is represented by counsel; and

(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the solicitor by whom that counsel was instructed,

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment, the court may remand the accused for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the foregoing subsection, be regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) of this section by reason that the accused is not represented by counsel, the court shall direct that a solicitor and counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in the last foregoing subsection, counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (ii) of the said subsection (1), be regarded for the purposes of that subsection as representing the accused.

(4) In relation to any proceedings before a court before which the accused may be heard by a solicitor, the foregoing provisions of this section shall be construed, with any necessary modifications, as if references therein to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court in giving a direction under the last foregoing subsection may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection.

(5) A solicitor or counsel shall be assigned in pursuance of subsection (3) of this section in such manner as Her Majesty may by Order in Council prescribe, and any solicitor or counsel so assigned shall be entitled to be paid by the Secretary of State out of moneys provided by Parliament such sums in respect of fees and disbursements as the Secretary of State may by regulations made by statutory instrument prescribe.

Modifications etc. (not altering text)

C1 S. 3(3)(4)(5) amended (E.W.)(1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, 5, Sch.1

4 Appeals by protected persons. U.K.

[F6 (1) Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or [F7 the Court of Appeal in Northern Ireland], as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received a notice given—

(a) in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;

(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the M1 Criminal Appeal Act 1968 and [F8 section 27(1)(a) of the M2 Criminal Appeal (Northern Ireland) Act 1980] (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A) In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.]

Table

The Administration of Justice Act 1960	Section 2(1)
The Criminal Appeal Act 1968	Section 34(1)
[F9 The Criminal Appeal (Northern Ireland) Act 1980]	[F9 Section 32(1)]
The Courts-Martial (Appeals) Act 1968	Section 40(1)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F6 S. 4(1)(1A) substituted for s. 4(1) by Criminal Appeal Act 1968 (c. 19), Sch. 5

F7 Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23), s. 123(2), Sch. 5 Pt. II

F8 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 3

F9 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 3

F10 S. 4(2) repealed with saving for power to extend Act outside UK under s.8(2) of this Act by Administration of Justice Act 1960 (c.65), s.19(3), Sch. 4

F11 S. 4(3) repealed by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 6

Marginal Citations

M1 1968 c. 19.

M2 1980 c. 47.

5 Reduction of sentence and custody of protected persons. U.K.

(1) It shall be lawful for the Secretary of State . . . F12 in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there shall be deducted from that term a period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after[F13 committal][F13 having been sent ] for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.

(2) It shall be lawful for the Secretary of State . . . F12 in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after [F14 committal][F14 having been sent] for trial (including the period of the trial), for an aggregate period of not less than three months, to direct that the prisoner shall be transferred from that custody to the custody of an officer of Her Majesty’s forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.

Textual Amendments

F12 Words repealed by S.I. 1973/2163, Sch. 6

F13 Words in s. 5(1) substituted (E.W.) (9.5.2005 for specified purposes, 18.6.2012 for further purposes, 5.11.2012 for further specified purposes and 28.5.2013 for all remaining purposes) by, Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 39(a); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(a)(c)(iii)-(v) (with art. 5); S.I. 2012/2574, art. 2(c) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(a)(c)(2)-(4) (with arts. 3, 4)

F14 Words in s. 5(2) substituted (E.W.) (9.5.2005 for specified purposes, 18.6.2012 for further purposes, 5.11.2012 for further specified purposes and 28.5.2013 for all remaining purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 39(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(a)(c)(iii)-(v) (with art. 5); S.I. 2012/2574, art. 2(c) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(a)(c)(2)-(4) (with arts. 3, 4)

Prevention of abuse of Red Cross and other emblems U.K.

6 Use of Red Cross and other emblems. U.K.

(1) Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the [F15 Secretary of State], to use for any purpose whatsoever any of the following F16 . . .; that is to say—

(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross" or “Geneva Cross";

(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent";

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun".

[F17 (d) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence;

(e) any of the distinctive signals specified in Chapter III of Annex I to the first protocol, being the signals of identification for medical units and transports.]

(2) Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the [F18 Secretary of State], to use for any purpose whatsoever—

(a) any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem;

(b) any design or wording so nearly resembling any of the emblems or designations specified in the foregoing subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

[F19 (c) any design so nearly resembling the sign specified in subsection (1)(d) of this section as to be capable of being mistaken for that sign;

(d) any signal so nearly resembling any of the signals referred to in subsection (1)(e) of this section as to be capable of being mistaken for one of those signals.]

(3) If any person contravenes the foregoing provisions of this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F20 [F21 level 5] on the standard scale] and to forfeit any goods [F22 or other article]upon or in connection with which the emblem, designation, [F22 sign, signal,] design or wording was used.

(4) In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or (c) of subsection (1) of this section; and where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered as aforesaid, it shall be a defence for him to prove—

(a) that he lawfully used that design or wording for that purpose before the passing of this Act; or

(b) in a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act.

[F23 (4A) Subsection (4) of this section shall apply in relation to a design reproducing or resembling the sign specified in paragraph (d) of subsection (1) of this section as it applies to designs reproducing or resembling an emblem specified in paragraph (b) or (c) of that subsection.

For the purposes of this subsection references in subsection (4) of this section to the passing of this Act shall be construed as references to the passing of the M3 Geneva Conventions (Amendment) Act 1995.]

(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, and in this subsection the expression “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body.

(6) It is hereby declared that this section extends to the use in or outside the United Kingdom of any such emblem, designation, [F24 design, wording, sign or signal] as is referred to in subsection (1) or (2) thereof on [F25 —

(a) any British ship (within the meaning of the M4 Merchant Shipping (Registration, etc.) Act 1993);

(b) any British-controlled aircraft or hovercraft (within the meaning of section 92 of the M5 Civil Aviation Act 1982 or, as the case may be, that section as applied to hovercraft by virtue of provision made under the M6 Hovercraft Act 1968).]

(7) Proceedings [F26 for an offence]under this section shall not be instituted in England except by or on behalf of the Director of Public Prosecutions or in Northern Ireland without the consent of the [F27 Director of Public Prosecutions] for Northern Ireland.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

F29 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Words in s. 6(1) substituted (20.7.1998) by 1995 c. 27, s. 2(2)(a); S.I. 1998/1505, art. 2

F16 Words in s. 6(1) repealed (20.7.1998) by 1995 c.27, s. 5(a)(i); S.I. 1998/1505, art. 2

F17 S. 6(1)(d)(e) inserted (20.7.1998) by 1995 c. 27, s. 2(2)(b); S.I. 1998/1505, art. 2

F18 Words in s. 6(2) substituted (20.7.1998) by 1995 c. 27, s. 2(3)(a); S.I. 1998/1505, art. 2

F19 S. 6(2)(c)(d) inserted (20.7.1998) by 1995 c. 27, ss. 2(3)(b), 7(2); S.I. 1998/1505, art. 2

F20 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I.3), arts. 5, 6

F21 Words in s. 6(3) substituted (20.7.1998) by 1995 c. 27, s. 2(4); S.I. 1998/1505, art. 2

F22 Words in s. 6(3) inserted (20.7.1998) by 1998 c. 27, s. 2(4)(b)(c); S.I. 1998/1505, art. 2

F23 S. 6(4A) inserted (20.7.1998) by 1995 c. 27, s. 2(5); S.I. 1998/1505, art. 2

F24 Words in s. 6(6) substituted (20.7.1998) by 1995 c. 27, s. 2(6)(a); S.I. 1998/1505, art. 2

F25 Words in s. 6(6) substituted (20.7.1998) by 1995 c. 27, s. 2(6)(b); S.I. 1998/1505, art. 2

F26 Words in s. 6(7) inserted (20.7.1998) by 1995 c. 27, s. 2(7)(a); S.I. 1998/1505, art. 2

F27 Words in s. 6(7) substituted (20.7.1998) by 1995 c. 27. s. 2(7)(b); S.I. 1998/1505, art. 2

F28 S. 6(8) repealed by Industrial Expansion Act 1968 (c. 32), Sch. 4

F29 S. 6(9) repealed (20.7.1998) by 1995 c. 27, s. 5(a)(ii); S.I. 1998/1505, art. 2

Modifications etc. (not altering text)

C2 Functions of Army Council transferred to Defence Council by defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(3), 3(2)

C3 Functions of Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)(a)

Marginal Citations

M3 1995 c. 27.

M4 1993 c. 22.

M5 1982 c. 16.

M6 1968 c. 59.

[F30 6A Regulations. U.K.

(1) The Secretary of State may make regulations—

(a) granting the authority of the Secretary of State for the purposes of subsection (1) or (2) of section 6 of this Act to persons of any description prescribed in the regulations for the use of any emblem, designation, sign, signal, design or wording referred to in those subsections;

(b) making such provision as he may think appropriate for regulating the use for the purposes of any of the scheduled conventions, the first protocol or the second protocol of any emblem, designation, sign or signal;

and any authority granted by regulations under paragraph (a) of this subsection may be subject to such limitations and conditions as may be prescribed in the regulations.

(2) Paragraph (a) of the foregoing subsection is without prejudice to the Secretary of State’s power to give his authority under subsection (1) or (2) of section 6 of this Act otherwise than by regulations under this section.

(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F30 S. 6A inserted (20.7.1998) by 1995 c. 27, s. 3; S.I. 1998/1505, art. 2

General U.K.

7 Interpretation. U.K.

(1) In this Act the following expressions have the following meanings respectively, that is to say—

• F31 . . .

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “protected internee” means a person protected by the convention set out in the Fourth Schedule to this Act [F32 (including a person so protected by virtue of the first protocol)]and interned in the United Kingdom;

• “protected prisoner of war” means a person protected by the convention set out in the Third Schedule to this Act [F33 (including a person protected as a prisoner of war under the first protocol) or a person entitled under the first protocol to the same protection as a prisoner of war;]

• [F34 “the first protocol” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) done on 10 June 1977, the text of which is set out in the Fifth Schedule to this Act;]

• “the protecting power”, in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the convention set out in the Third [F35 Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol;]

• “the scheduled conventions” means the conventions set out in the Schedules to this Act.

• [F36 “the second protocol” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) done on 10 June 1977, the text of which is set out in the Sixth Schedule to this Act.]

(2) Save where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.

[F37 (3) If the ratification by the United Kingdom of the first protocol or the second protocol is subject to any reservation or accompanied by a declaration—

(a) Her Majesty may by Order in Council certify that such a reservation or declaration has been made and the terms in which it was made; and

(b) the protocol shall for the purposes of this Act be construed subject to and in accordance with any reservation or declaration so certified.

(4) If such a reservation or declaration is withdrawn (in whole or part), an Order in Council under the foregoing subsection may certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.

(5) If the first protocol is further revised under Article 98 of the protocol, Her Majesty may by Order in Council amend the Fifth Schedule to this Act so as to ensure that the Schedule sets out the text of the protocol as in force in relation to the United Kingdom.]

Textual Amendments

F31 Words in s. 7(1) repealed (1.9.2001) by 2001 c. 17, s. 83, Sch. 10 (with s. 78); S.I. 2001/2161, art. 2

F32 Words in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(2); S.I. 1998/1505, art. 2

F33 Words in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(3); S.I. 1998/1505, art. 2

F34 Definition in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(4); S.I. 1998/1505, art. 2

F35 Words in s. 7 substituted (20.7.1998) by 1995 c. 27, s. 4(5); S.I. 1998/1505, art. 2

F36 Definition inserted (20.7.1998) by 1995 c. 27, ss. 4(6), 7(2); S.I. 1998/1505, art. 2

F37 S. 7(3)-(5) inserted (20.7.1998) by 1995 c. 27, s. 4(7); S.I. 1998/1505, art. 2

8 Short title and extent. U.K.

(1) This Act may be cited as the Geneva Conventions Act 1957.

(2) Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend, subject to such exceptions and modifications, if any, as may be specified in the Order to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any colony;

F38 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 S. 8(2)(d)(e) repealed (20.7.1998) by 1995 c. 27, s. 5(b); S.I.1998/1505, art. 2

Modifications etc. (not altering text)

C4 S. 8(2) applied (20.7.1998) by 1995 c. 27, s. 7(4); S.I. 1995/1505, art. 2

C5 S. 8(2) applied (2.7.2009) by Geneva Conventions and United Nations Personnel (Protocols) Act 2009 (c. 6), s. 3(3)

Modifications etc. (not altering text)

C6 Scheds. 5, 6, inserted (20.7.1998) by 1995 c. 27, ss. 6, 7(2); S.I. 1998/1505, art. 2

SCHEDULES

Sections 1, 7.

FIRST SCHEDULE U.K. GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD

Geneva, 12th August, 1949 U.K.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21st April to 12th August, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of 27th July, 1929, have agreed as follows:

CHAPTER I.—GENERAL PROVISIONS U.K.

ARTICLE 1 U.K.

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

ARTICLE 2 U.K.

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 recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3 U.K.

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 placedhors de combatby 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 recognised as indispensable by civilised peoples.

(2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

ARTICLE 4 U.K.

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found.

ARTICLE 5 U.K.

For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation.

ARTICLE 6 U.K.

In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52 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 the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.

Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

ARTICLE 7 U.K.

Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

ARTICLE 8 U.K.

The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities.

ARTICLE 9 U.K.

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 organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief.

ARTICLE 10 U.K.

The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.

When wounded and sick or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation, 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 organisation invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power, such mention also applies to substitute organisations in the sense of the present Article.

ARTICLE 11 U.K.

In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.

CHAPTER II.—WOUNDED AND SICK U.K.

ARTICLE 12 U.K.

Members of the armed forces and other persons mentioned in the following Article who are wounded or sick, shall be respected and protected in all circumstances.

They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.

Only urgent medical reasons will authorise priority in the order of treatment to be administered.

Women shall be treated with all consideration due to their sex.

The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.

ARTICLE 13 U.K.

The present Convention shall apply to the wounded and sick belonging to the following categories:

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces;

(2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps including such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognisable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power;

(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany;

(5) Members of crews including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law;

(6) Inhabitants of a non-occupied territory who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

ARTICLE 14 U.K.

Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.

ARTICLE 15 U.K.

At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.

Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.

Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.

ARTICLE 16 U.K.

Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.

These records should if possible include:

(a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

(f) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of death.

As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention of 12th August, 1949, relative to the Treatment of Prisoners of War which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.

Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.

ARTICLE 17 U.K.

Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination and if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. One half of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body.

Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead.

They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organise at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and their possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.

As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves, together with particulars of the dead interred therein.

ARTICLE 18 U.K.

The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.

The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.

No one may ever be molested or convicted for having nursed the wounded or sick.

The provisions of the present Article do not relieve the occupying Power of its obligations to give both physical and moral care to the wounded and sick.

CHAPTER III.—MEDICAL UNITS AND ESTABLISHMENTS U.K.

ARTICLE 19 U.K.

Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.

The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.

ARTICLE 20 U.K.

Hospital ships entitled to the protection of the Geneva Convention of 12th August, 1949, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, shall not be attacked from the land.

ARTICLE 21 U.K.

The protection to which fixed establishments and mobile medical units of the Medical Service 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 a due warning has been given, naming, in all appropriate cases, a reasonable time-limit and after such warning has remained unheeded.

ARTICLE 22 U.K.

The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19:

(1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.

(2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.

(3) That small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the unit or establishment.

(4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.

(5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.

ARTICLE 23 U.K.

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 zones and localities so organised as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organisation and administration of these zones and localities and with the care of the persons therein assembled.

Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital 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 zones and localities.

CHAPTER IV.—PERSONNEL U.K.

ARTICLE 24 U.K.

Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.

ARTICLE 25 U.K.

Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.

ARTICLE 26 U.K.

The staff of national Red Cross societies and that of other voluntary aid societies, duly recognised and authorised by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.

Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of, or during hostilities, but in any case before actually employing them, the names of the societies which it has authorised, under its responsibility, to render assistance to the regular medical service of its armed forces.

ARTICLE 27 U.K.

A recognised society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorisation of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.

The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.

In no circumstances shall this assistance be considered as interference in the conflict.

The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong.

ARTICLE 28 U.K.

Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.

Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention of 12th August, 1949, relative to the Treatment of Prisoners of War. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:

(a) They shall be authorised to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.

(b) In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.

(c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.

During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.

None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.

ARTICLE 29 U.K.

Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.

ARTICLE 30 U.K.

Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit.

Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.

On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.

ARTICLE 31 U.K.

The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.

As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.

ARTICLE 32 U.K.

Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.

Unless otherwise agreed, they shall have permission to return to their country, or, if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.

Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were.

On their departure, they shall take with them their effects, personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.

The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.

CHAPTER V.—BUILDINGS AND MATERIAL U.K.

ARTICLE 33 U.K.

The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick.

The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.

The material and stores defined in the present Article shall not be intentionally destroyed.

ARTICLE 34 U.K.

The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property.

The right of requisition recognised for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured.

CHAPTER VI.—MEDICAL TRANSPORTS U.K.

ARTICLE 35 U.K.

Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.

Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.

The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.

ARTICLE 36 U.K.

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.

They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.

In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following.

ARTICLE 37 U.K.

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.

The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.

Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.

CHAPTER VII.—THE DISTINCTIVE EMBLEM U.K.

ARTICLE 38 U.K.

As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.

Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognised by the terms of the present Convention.

ARTICLE 39 U.K.

Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.

ARTICLE 40 U.K.

The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.

Such personnel, in addition to the identity disc mentioned in Article 16, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.

ARTICLE 41 U.K.

The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.

Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.

ARTICLE 42 U.K.

The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities.

In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.

Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention.

Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.

ARTICLE 43 U.K.

The medical units belonging to neutral countries, which may have been authorised to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42.

Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party.

ARTICLE 44 U.K.

With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words “Red Cross", or “Geneva Cross" may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The national Red Cross societies and other societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph.

Furthermore, national Red Cross (Red Crescent, Red Lion and Sun) societies may, in time of peace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.

The international Red Cross organisations and their duly authorised personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground.

As an exceptional measure, in conformity with national legislation and with the express permission of one of the national Red Cross (Red Crescent, Red Lion and Sun) societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.

CHAPTER VIII.—EXECUTION OF THE CONVENTION U.K.

ARTICLE 45 U.K.

Each Party to the conflict, acting through its commanders-in-chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.

ARTICLE 46 U.K.

Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.

ARTICLE 47 U.K.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.

ARTICLE 48 U.K.

The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

CHAPTER IX.—REPRESSION OF ABUSES AND INFRACTIONS U.K.

ARTICLE 49 U.K.

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out aprima faciecase.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949.

ARTICLE 50 U.K.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

ARTICLE 51 U.K.

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

ARTICLE 52 U.K.

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.

ARTICLE 53 U.K.

The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation “Red Cross" or “Geneva Cross", or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times.

By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation, whether as trade-marks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times.

Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of 27th July, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use, provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention.

The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems, and marks mentioned in the second paragraph of Article 38.

ARTICLE 54 U.K.

The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53.

FINAL PROVISIONS U.K.

ARTICLE 55 U.K.

The present Convention is established in English and in French. Both texts are equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.

ARTICLE 56 U.K.

The present Convention, which bears the date of this day, is open to signature until 12th February, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21st April, 1949; furthermore, by Powers not represented at that Conference but which are parties to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick of Armies in the Field.

ARTICLE 57 U.K.

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 58 U.K.

The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

ARTICLE 59 U.K.

The present Convention replaces the Conventions of 22nd August, 1864, 6th July, 1906, and 27th July, 1929, in relations between the High Contracting Parties.

ARTICLE 60 U.K.

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

ARTICLE 61 U.K.

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 62 U.K.

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.

ARTICLE 63 U.K.

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

ARTICLE 64 U.K.

The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention.

Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annexes.]

Sections 1, 7.

SECOND SCHEDULE U.K. GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA

Geneva, 12th August, 1949 U.K.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21st April to 12th August, 1949, for the purpose of revising the Xth Hague Convention of 18th October, 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows:

CHAPTER I.—GENERAL PROVISIONS U.K.

ARTICLE 1 U.K.

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

ARTICLE 2 U.K.

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 recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3 U.K.

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 placedhors 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 recognised as indispensable by civilised peoples.

(2) The wounded, sick and shipwrecked shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

ARTICLE 4 U.K.

In case of hostilities between land and naval forces of Parties to the conflict, the provisions of the present Convention shall apply only to forces on board ship.

Forces put ashore shall immediately become subject to the provisions of the Geneva Convention of 12th August, 1949, for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

ARTICLE 5 U.K.

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.

ARTICLE 6 U.K.

In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.

Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

ARTICLE 7 U.K.

Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

ARTICLE 8 U.K.

The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities.

ARTICLE 9 U.K.

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 organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief.

ARTICLE 10 U.K.

The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.

When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation, 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 organisation invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power, such mention also applies to substitute organisations in the sense of the present Article.

ARTICLE 11 U.K.

In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.

CHAPTER II.—WOUNDED, SICK AND SHIPWRECKED U.K.

ARTICLE 12 U.K.

Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft.

Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.

Only urgent medical reasons will authorise priority in the order of treatment to be administered.

Women shall be treated with all consideration due to their sex.

ARTICLE 13 U.K.

The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories:

(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces;

(2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognisable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war;

(3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power;

(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany;

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law;

(6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

ARTICLE 14 U.K.

All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment.

ARTICLE 15 U.K.

If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war.

ARTICLE 16 U.K.

Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide according to circumstances, whether it is expedient to hold them, or to convey them to a port in the captor’s own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war.

ARTICLE 17 U.K.

Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war.

The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend.

ARTICLE 18 U.K.

After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.

Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.

ARTICLE 19 U.K.

The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include:

(a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

(f) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of death.

As soon as possible the above mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.

Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.

ARTICLE 20 U.K.

Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body.

If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12th August, 1949, shall be applicable.

ARTICLE 21 U.K.

The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead.

Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance.

They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed.

CHAPTER III.—HOSPITAL SHIPS U.K.

ARTICLE 22 U.K.

Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed.

The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.

ARTICLE 23 U.K.

Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12th August, 1949, shall be protected from bombardment or attack from the sea.

ARTICLE 24 U.K.

Hospital ships utilised by national Red Cross societies, by officially recognised relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with.

These ships must be provided with certificates of the responsible authorities, stating that the vessels have been under their control while fitting out and on departure.

ARTICLE 25 U.K.

Hospital ships utilised by national Red Cross societies, officially recognised relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorisation of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with.

ARTICLE 26 U.K.

The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilise, for the transport of wounded, sick and shipwrecked over long distances and on the high seas only hospital ships of over 2,000 tons gross.

ARTICLE 27 U.K.

Under the same conditions as those provided for in Articles 22 and 24 small craft, employed by the State or by the officially recognised lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit.

The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions.

ARTICLE 28 U.K.

Should fighting occur on board a warship, the sick-bays shall be respected and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose, so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent military necessity.

ARTICLE 29 U.K.

Any hospital ship in a port which falls into the hands of the enemy shall be authorised to leave the said port.

ARTICLE 30 U.K.

The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality.

The High Contracting Parties undertake not to use these vessels for any military purpose.

Such vessels shall in no wise hamper the movements of the combatants.

During and after an engagement, they will act at their own risk.

ARTICLE 31 U.K.

The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, if the gravity of the circumstances so requires.

They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the provisions of the preceding paragraph shall be carried out.

As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he can understand, the orders they have given the captain of the vessel.

Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention.

ARTICLE 32 U.K.

Vessels described in Articles 22, 24, 25 and 27 are not assimilated to warships as regards their stay in a neutral port.

ARTICLE 33 U.K.

Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities.

ARTICLE 34 U.K.

The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded.

In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication.

ARTICLE 35 U.K.

The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them:

(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded.

(2) The presence on board of apparatus exclusively intended to facilitate navigation or communication.

(3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service.

(4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians.

(5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements.

CHAPTER IV.—PERSONNEL U.K.

ARTICLE 36 U.K.

The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship whether or not there are wounded and sick on board.

Article 37 U.K.

The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They may take with them, on leaving the ship, their personal property.

If, however, it prove necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing.

Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12th August, 1949.

CHAPTER V.—MEDICAL TRANSPORTS U.K.

ARTICLE 38 U.K.

Ships chartered for that purpose shall be authorised to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right to board the carrier ships but not to capture them nor to seize the equipment carried.

By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. For this purpose, free access to the equipment shall be given.

ARTICLE 39 U.K.

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict while flying at heights, at times and on routes specifically agreed upon between the Parties to the conflict concerned.

They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities.

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to alight, the aircraft with its occupants may continue its flight after examination, if any.

In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Articles 36 and 37.

ARTICLE 40 U.K.

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.

The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.

Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, so that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.

CHAPTER VI.—THE DISTINCTIVE EMBLEM U.K.

ARTICLE 41 U.K.

Under the direction of the competent military authority, the emblem of the red cross on white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.

Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognised by the terms of the present Convention.

ARTICLE 42 U.K.

The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.

Such personnel, in addition to the identity disc mentioned in Article 19, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the full name, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced.

ARTICLE 43 U.K.

The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows:

(a) All exterior surfaces shall be white.

(b) One or more dark red crosses as large as possible shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air.

All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible.

Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships.

The above-mentioned ships and craft which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent.

Hospital ships which, in accordance with Article 31 are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted.

Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed to continue to fly their own national colours along with a flag carrying a red cross on a white ground, when away from their base, subject to prior notification to all the Parties to the conflict concerned.

All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41.

Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships.

ARTICLE 44 U.K.

The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned.

ARTICLE 45 U.K.

The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43.

CHAPTER VII.—EXECUTION OF THE CONVENTION U.K.

ARTICLE 46 U.K.

Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.

ARTICLE 47 U.K.

Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited.

ARTICLE 48 U.K.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.

ARTICLE 49 U.K.

The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

CHAPTER VIII.—REPRESSION OF ABUSES AND INFRACTIONS U.K.

ARTICLE 50 U.K.

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out aprima faciecase.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.

In all circumstances the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention of 12th August, 1949, relative to the Treatment of Prisoners of War.

ARTICLE 51 U.K.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

ARTICLE 52 U.K.

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

ARTICLE 53 U.K.

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire, who will decide upon the procedure to be followed,

Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.

FINAL PROVISIONS U.K.

ARTICLE 54 U.K.

The present Convention is established in English and in French. Both texts are equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish Languages.

ARTICLE 55 U.K.

The present Convention, which bears the date of this day, is open to signature until 12th February, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21st April, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Convention of 18th October, 1907 for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick of Armies in the Field.

ARTICLE 56 U.K.

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 57 U.K.

The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

ARTICLE 58 U.K.

The present Convention replaces the Xth Hague Convention of 18th October, 1907 for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties.

ARTICLE 59 U.K.

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

ARTICLE 60 U.K.

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 61 U.K.

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.

ARTICLE 62 U.K.

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

ARTICLE 63 U.K.

The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention.

Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annex.]

Sections 1, 2, 7.

THIRD SCHEDULE U.K. GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR

Geneva, 12th August, 1949 U.K.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21st April, to 12th August, 1949, for the purpose of revising the Convention concluded at Geneva on 27th July, 1929, relative to the Treatment of Prisoners of War, have agreed as follows:

PART I.—GENERAL PROVISIONS U.K.

ARTICLE 1 U.K.

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

ARTICLE 2 U.K.

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 recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3 U.K.

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 placedhors de combatby 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 recognised as indispensable by civilised peoples.

(2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

ARTICLE 4 U.K.

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces;

(2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognisable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war;

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognised by the Detaining Power;

(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model;

(5) Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law;

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. he following shall likewise be treated as prisoners of war under the present Convention:

(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it had originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.

ARTICLE 5 U.K.

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

ARTICLE 6 U.K.

In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.

Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

ARTICLE 7 U.K.

Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

ARTICLE 8 U.K.

The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said Delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.

ARTICLE 9 U.K.

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 organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and for their relief.

ARTICLE 10 U.K.

The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.

When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation, 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 organisation 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 organisations in the sense of the present Article.

ARTICLE 11 U.K.

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 prisoners of war, 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 PRISONERS OF WAR U.K.

ARTICLE 12 U.K.

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the 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 Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.

ARTICLE 13 U.K.

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisal against prisoners of war are prohibited.

ARTICLE 14 U.K.

Prisoners of war are entitled in all circumstances to respect for their persons and their honour.

Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.

ARTICLE 15 U.K.

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.

ARTICLE 16 U.K.

Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.

PART III.—CAPTIVITY U.K.

SECTION 1.-BEGINNING OF CAPTIVITY U.K.

ARTICLE 17

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.

If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints or both of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5× 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.

Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph.

The questioning of prisoners of war shall be carried out in a language which they understand.

ARTICLE 18

All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment.

At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none.

Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.

Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64.

The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply.

Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.

ARTICLE 19

Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.

Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.

Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone.

ARTICLE 20

The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station.

The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated.

If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible.

Section II.—Internment of Prisoners of War U.K.

Chapter I.—General Observations U.K.

ARTICLE 21

The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.

Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise.

Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or prohibiting its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given.

ARTICLE 22

Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate.

The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that these prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent.

ARTICLE 23

No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations.

Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favour of the population shall also apply to them.

Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps.

Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such.

ARTICLE 24

Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment as in other camps.

Chapter II.—Quarters, Food and Clothing of Prisoners of War U.K.

ARTICLE 25

Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.

The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.

The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.

In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them.

ARTICLE 26

The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.

The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed.

Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.

Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.

Adequate premises shall be provided for messing.

Collective disciplinary measures affecting food are prohibited.

ARTICLE 27

Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war.

The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands.

ARTICLE 28

Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices.

The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund.

When a camp is closed down, the credit balance of the special fund shall be handed to an international wefare organisation, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.

Chapter III.—Hygiene and Medical Attention U.K.

ARTICLE 29

The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.

Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them.

Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.

ARTICLE 30

Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease.

Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civil medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation.

Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality.

Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.

The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power.

ARTICLE 31

Medical inspections of prisoners of war shall be made at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis.

ARTICLE 32

Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49.

Chapter IV.—Medical Personnel and Chaplains Retained to Assist Prisoners of War U.K.

ARTICLE 33

Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war.

They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:

(a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.

(b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12th August, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.

(c) Although they shall be subject to the internal discipline of the camp in which they are retained such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties.

During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed.

None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view.

Chapter V.—Religious, Intellectual and Physical Activities U.K.

ARTICLE 34

Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.

Adequate premises shall be provided where religious services may be held.

ARTICLE 35

Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organisations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71.

ARTICLE 36

Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work.

ARTICLE 37

When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security.

ARTICLE 38

While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.

Prisoners shall have opportunities for taking physical exercise including sports and games, and begin out of doors. Sufficient open spaces shall be provided for this purpose in all camps.

Chapter VI—Discipline U.K.

ARTICLE 39

Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application.

Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.

Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.

ARTICLE 40

The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.

ARTICLE 41

In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.

Regulations, orders notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.

ARTICLE 42

The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.

Chapter VII.—Rank of Prisoner of War U.K.

ARTICLE 43

Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications.

The Detaining Power shall recognise promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend.

ARTICLE 44

Officers and prisoners of equivalent rank shall be treated with the regard due to their rank and age.

In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work.

Supervision of the mess by the officers themselves shall be facilitated in every way.

ARTICLE 45

Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age.

Supervision of the mess by the prisoners themselves shall be facilitated in every way.

Chapter VIII.—Transfer of Prisoners of War after their arrival in camp U.K.

ARTICLE 46

The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.

The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.

The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure.

ARTICLE 47

Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it.

If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer 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.

ARTICLE 48

In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications 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, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms per head.

Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article.

The costs of transfers shall be borne by the Detaining Power.

Section III.—Labour of Prisoners of War U.K.

ARTICLE 49 U.K.

The Detaining Power may utilise the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particulary to maintaining them in a good state of physical and mental health.

Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them.

If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.

ARTICLE 50 U.K.

Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:

(a) agriculture;

(b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;

(c) transport and handling of stores which are not military in character or purpose;

(d) commercial business, and arts and crafts;

(e) domestic service;

(f) public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78.

ARTICLE 51 U.K.

Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.

The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.

Conditions of labour shall in no case be rendered more arduous by disciplinary measures.

ARTICLE 52 U.K.

Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy, or dangerous nature.

No prisoner of war shall assigned to labour which would be looked upon as humiliating for a member of the Detaining Power’s own forces.

The removal of mines or similar devices shall be considered as dangerous labour.

ARTICLE 53 U.K.

The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work.

Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.

If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby.

ARTICLE 54 U.K.

The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention.

Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123.

ARTICLE 55 U.K.

The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do.

If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.

ARTICLE 56 U.K.

The organisation and administration of labour detachments shall be similar to those of prisoner of war camps.

Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments.

The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.

ARTICLE 57 U.K.

The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.

Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend.

Section IV.—Financial Resources of Prisoners of War U.K.

ARTICLE 58 U.K.

Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any moneys deposited by them, and shall not be converted into any other currency without their consent.

If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration and charged to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect.

ARTICLE 59 U.K.

Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section.

The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.

ARTICLE 60 U.K.

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts:

Category I: Prisoners ranking below sergeants: eight Swiss francs.

Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss francs.

Category III: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs.

Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs.

Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.

However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories.

Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:

(a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above;

(b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.

The reasons for any limitation will be given without delay to the Protecting Power.

ARTICLE 61 U.K.

The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.

ARTICLE 62 U.K.

Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.

Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.

The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay.

ARTICLE 63 U.K.

Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.

Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority.

In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners’ account by a corresponding amount; the sum thus debited shall be placed by it to the credit of the power on which the prisoners depend.

To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention.

ARTICLE 64 U.K.

The Detaining Power shall hold an account for each prisoner of war, showing at least the following:

(1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power.

(2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.

ARTICLE 65 U.K.

Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ representative acting on his behalf.

Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp.

When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the moneys which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other moneys standing to the credit of their accounts.

The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war.

ARTICLE 66 U.K.

On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power.

Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict.

The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity.

ARTICLE 67 U.K.

Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities.

ARTICLE 68 U.K.

Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer.

Any claim from a prisoner of war for compensation in respect of personal effects, moneys or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, moneys or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123.

Section V.—Relations of Prisoners of War with the Exterior U.K.

ARTICLE 69 U.K.

Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures.

ARTICLE 70 U.K.

Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner.

ARTICLE 71 U.K.

Prisoners of war 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 prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.

Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency.

As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.

Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to offices of destination.

ARTICLE 72 U.K.

Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.

Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.

The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.

The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels.

ARTICLE 73 U.K.

In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.

The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners.

Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.

ARTICLE 74 U.K.

All relief shipments for prisoners of war shall be exempt from import, customs and other dues.

Correspondence, relief shipments and authorised remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries.

If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in their respective territories.

In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them.

ARTICLE 75 U.K.

Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organisation duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, 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 123 and the National Bureaux referred to in Article 122;

(b) correspondence and reports relating to prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, 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.

In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby.

ARTICLE 76 U.K.

The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible, Mail shall be censored only by the despatching State and the receiving State, and once only by each.

The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.

Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.

ARTICLE 77 U.K.

The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills.

In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures.

Section VI.—Relations between Prisoners of War and the Authorities U.K.

Chapter I.—Complaints of Prisoners of War respecting the Conditions of Captivity U.K.

ARTICLE 78

Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected.

They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity.

These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognised to be unfounded, they may not give rise to any punishment.

Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.

Chapter II.—Prisoners of War Representatives U.K.

ARTICLE 79

In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners’ representatives shall be eligible for re-election.

In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them.

Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers.

Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.

In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs.

ARTICLE 80

Prisoners’representatives shall further the physical, spiritual and intellectual well-being of prisoners of war.

In particular, where the prisoners decide to organise amongst themselves a system of mutual assistance, this organisation will be within the province of the prisoners’ representative, in addition to the special duties entrusted to him by other provisions of the present Convention.

Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war.

ARTICLE 81

Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.

Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).

Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative.

All facilities shall likewise be accorded to the prisoners’ representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners’representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71.

Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.

In case of dismissal, the reason therefor shall be communicated to the Protecting Power.

Chapter III.—Penal and Disciplinary Sanctions U.K.

1. GENERAL PROVISIONS

ARTICLE 82

A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishment contrary to the provisions of this Chapter shall be allowed.

If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.

ARTICLE 83

In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt wherever possible disciplinary rather than judicial measures.

ARTICLE 84

A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.

In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.

ARTICLE 85

Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.

ARTICLE 86

No prisoner of war may be punished more than once for the same act or on the same charge.

ARTICLE 87

Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.

When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.

Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.

No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges.

ARTICLE 88

Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.

A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.

In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.

Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.

II. DISCIPLINARY SANCTIONS

ARTICLE 89

The disciplinary punishments applicable to prisoners of war are the following:

(1) a fine which shall not exceed 50 per cent, of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days;

(2) discontinuance or privileges granted over and above the treatment provided for by the present Convention;

(3) fatigue duties not exceeding two hours daily;

(4) confinement.

The punishment referred to under (3) shall not be applied to officers.

In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.

ARTICLE 90

The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.

The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.

The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.

When a prisoner of war 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.

ARTICLE 91

The escape of a prisoner of war shall be deemed to have succeeded when:

(1) he has joined the armed forces of the Power on which he depends, or those of an allied Power;

(2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power;

(3) he has joined a ship flying the flag of the Power on which he depends, or of an allied Power in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power.

Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape.

ARTICLE 92

A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.

A prisoner of war who is recaptured shall be handed over without delay to the competent military authority.

Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.

ARTICLE 93

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape.

In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.

Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.

ARTICLE 94

If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made.

ARTICLE 95

A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.

Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.

The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.

ARTICLE 96

Acts which constitute offences against discipline shall be investigated immediately.

Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.

In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.

Before any disciplinary award is pronounced, the accused 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 to the accused prisoner of war and to the prisoners’ representative.

A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power.

ARTICLE 97

Prisoners of war shall not in any case be transferred to penitentiary establishments (prison, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.

All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29.

Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men.

Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women.

ARTICLE 98

A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126.

A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank.

Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.

They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necesary, shall be removed to the camp infirmary 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 the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to the infirmary the perishable goods contained in such parcels.

III. JUDICIAL PROCEEDINGS

ARTICLE 99

No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.

No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.

No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel.

ARTICLE 100

Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.

Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power upon which the prisoners of war depend.

The death sentence cannot be pronounced against a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.

ARTICLE 101

If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107.

ARTICLE 102

A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.

ARTICLE 103

Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.

Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.

The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.

ARTICLE 104

In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.

The said notification shall contain the following information:

(1) surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;

(2) place of internment or confinement;

(3) specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable;

(4) designation of the court which will try the case, likewise the date and place fixed for the opening of the trial.

The same communication shall be made by the Detaining Power to the prisoners’ representative.

If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.

ARTICLE 105

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the Trial.

Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.

The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.

Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war.

The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is heldin camerain the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.

ARTICLE 106

Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.

ARTICLE 107

Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.

Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing:

(1) the precise wording of the finding and sentence;

(2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence;

(3) notification, where applicable, of the establishment where the sentence will be served.

The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.

ARTICLE 108

Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity.

A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women.

In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.

PART IV.—TERMINATION OF CAPTIVITY U.K.

Section I.—Direct Repatriation and Accommodation in Neutral Countries U.K.

ARTICLE 109 U.K.

Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article.

Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the co-operation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity.

No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities.

ARTICLE 110 U.K.

The following shall be repatriated direct:

(1) incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished.

(2) wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished.

(3) wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished.

The following may be accommodated in a neutral country:

(1) wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.

(2) prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.

The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated:

(1) those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation;

(2) those whose mental or physical powers remain, even after treatment, considerably impaired.

If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention.

ARTICLE 111 U.K.

The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities.

ARTICLE 112 U.K.

Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functions of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.

However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission.

ARTICLE 113 U.K.

Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:

(1) wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp;

(2) wounded and sick proposed by their prisoners’ representative;

(3) wounded and sick proposed by the Power on which they depend, or by an organisation duly recognised by the said Power and giving assistance to the prisoners.

Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commisssions, but shall be examined only after those belonging to the said categories.

The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination.

ARTICLE 114 U.K.

Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country.

ARTICLE 115 U.K.

No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment.

Prisoners of war detained in connexion with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.

Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment.

ARTICLE 116 U.K.

The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.

ARTICLE 117 U.K.

No repatriated person may be employed on active military service.

Section II.—Release and Repatriation of Prisoners of War at the close of Hostilities U.K.

ARTICLE 118 U.K.

Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.

In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.

In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis:

(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.

(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war.

ARTICLE 119 U.K.

Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs.

On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122.

Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorised to carry at least twenty-five kilograms.

The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends.

Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.

Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of proceedings or until punishment has been completed.

By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.

Section III.—Death of Prisoners of War U.K.

ARTICLE 120 U.K.

Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.

Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.

The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity.

The detaining authorities shall ensure that prisoners of war who have died in captivity, are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.

Deceased prisoners of war 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 express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.

In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.

ARTICLE 121 U.K.

Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, 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. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.

PART V.—INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR U.K.

ARTICLE 122 U.K.

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war.

Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory.

The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise the Central Agency provided for in Article 123.

This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.

The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.

Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.

The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession.

All written communications made by the Bureau shall be authenticated by a signature or a seal.

The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned.

ARTICLE 123 U.K.

A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organisation of such an Agency.

The function of the Agency shall be to collect all information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.

The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.

The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief societies provided for in Article 125.

ARTICLE 124 U.K.

The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.

ARTICLE 125 U.K.

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need the representatives of religious organisations, relief societies, or any other organisation assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organising their leisure time within the camps. Such societies or organisations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character.

The Detaining Power may limit the number of societies and organisations whose delegates are allowed to carry out their activites in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.

The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times.

As soon as relief supplies or material intended for the above-mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the relief society or organisation making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners.

PART VI.—EXECUTION OF THE CONVENTION U.K.

Section 1.—General Provisions U.K.

ARTICLE 126 U.K.

Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter.

Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure.

The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited.

ARTICLE 127 U.K.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population.

Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.

ARTICLE 128 U.K.

The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

ARTICLE 129 U.K.

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out aprima faciecase.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention.

ARTICLE 130 U.K.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing of great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.

ARTICLE 131 U.K.

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

ARTICLE 132 U.K.

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.

SECTION II.—Final Provisions U.K.

ARTICLE 133 U.K.

The present Convention is established in English and in French. Both texts are equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.

ARTICLE 134 U.K.

The present Convention replaces the Convention of 27th July, 1929, in relations between the High Contracting Parties.

ARTICLE 135 U.K.

In the relations between the Powers which are bound by the Hague Convention relative to the Laws and Customs of War on Land, whether that of 29th July, 1899, or that of 18th October, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above-mentioned Conventions of the Hague.

ARTICLE 136 U.K.

The present Convention, which bears the date of this day, is open to signature until 12th February, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21st April, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of 27th July, 1929.

ARTICLE 137 U.K.

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 138 U.K.

The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

ARTICLE 139 U.K.

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

ARTICLE 140 U.K.

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 141 U.K.

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.

ARTICLE 142 U.K.

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

ARTICLE 143 U.K.

The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention.

Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annexes.]

Sections 1, 7.

FOURTH SCHEDULE U.K. GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR

Geneva, 12th August, 1949 U.K.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21st April to 12th August, 1949, for the purpose of establishing a Convention for the Protection of Civilian Persons in Time of War, have agreed as follows:

PART I.—GENERAL PROVISIONS U.K.

ARTICLE 1 U.K.

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

ARTICLE 2 U.K.

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 recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3 U.K.

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 placedhors de combatby 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 recognised as indispensable by civilised peoples.

(2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

ARTICLE 4 U.K.

Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

The provisions of Part II are, however, wider in application, as defined in Article 13.

Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12th 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 12th August, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949, shall not be considered as protected persons within the meaning of the present Convention.

ARTICLE 5 U.K.

Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.

ARTICLE 6 U.K.

The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.

In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.

In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.

Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention.

ARTICLE 7 U.K.

In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.

Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

ARTICLE 8 U.K.

Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

ARTICLE 9 U.K.

The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.

ARTICLE 10 U.K.

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 organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief.

ARTICLE 11 U.K.

The High Contracting Parties may at any time agree to entrust to an organisation 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 organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation, 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 organisation 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 organisations 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.

ARTICLE 12 U.K.

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 U.K.

ARTICLE 13 U.K.

The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.

ARTICLE 14 U.K.

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 localitites so organised as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.

Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.

The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.

ARTICLE 15 U.K.

Any Party to the conflict may, either direct or through a neutral State or some humanitarian organisation, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralised 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 neutralised 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 neutralisation of the zone.

ARTICLE 16 U.K.

The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.

As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.

ARTICLE 17 U.K.

The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.

ARTICLE 18 U.K.

Civilian hospitals organised 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 12th August, 1949, but only if so authorised by the State.

The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.

In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.

ARTICLE 19 U.K.

The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.

The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy.

ARTICLE 20 U.K.

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 recognisable 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 12th 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.

ARTICLE 21 U.K.

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 12th August, 1949.

ARTICLE 22 U.K.

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 12th 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.

ARTICLE 23 U.K.

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.

ARTICLE 24 U.K.

The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.

The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.

They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.

ARTICLE 25 U.K.

All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.

If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the national Red Cross (Red Crescent, Red Lion and Sun) societies.

If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month.

ARTICLE 26 U.K.

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 organisations engaged on this task provided they are acceptable to it and conform to its security regulations.

PART III.—STATUS AND TREATMENT OF PROTECTED PERSONS U.K.

Section I.—Provisions Common to the Territories of the Parties to the Conflict and to Occupied Territories U.K.

ARTICLE 27 U.K.

Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.

Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction, based, in particular, on race, religion or political opinion.

However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.

ARTICLE 28 U.K.

The presence of a protected person may not be used to render certain points or areas immune from military operations.

ARTICLE 29 U.K.

The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.

ARTICLE 30 U.K.

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 organisation that might assist them.

These several organisations 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 organisations whose object is to give spiritual aid or material relief to such persons.

ARTICLE 31 U.K.

No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.

ARTICLE 32 U.K.

The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.

ARTICLE 33 U.K.

No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.

Pillage is prohibited.

Reprisals against protected persons and their property are prohibited.

ARTICLE 34 U.K.

The taking of hostages is prohibited.

Section II.—Aliens in the Territory of a Party to the Conflict U.K.

ARTICLE 35 U.K.

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 determined in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.

If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.

Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.

ARTICLE 36 U.K.

Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connexion therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.

The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.

ARTICLE 37 U.K.

Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated.

As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.

ARTICLE 38 U.K.

With the exception of special measures authorised by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:

(1) they shall be enabled to receive the individual or collective relief that may be sent to them;

(2) they shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned;

(3) they shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith;

(4) if they reside in an area particularly exposed to the dangers of war, they shall be authorised 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 from any preferential treatment to the same extent as the nationals of the State concerned.

ARTICLE 39 U.K.

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 dependants.

Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30.

ARTICLE 40 U.K.

Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.

If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.

In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.

If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.

ARTICLE 41 U.K.

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.

ARTICLE 42 U.K.

The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.

If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.

ARTICLE 43 U.K.

Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.

Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.

ARTICLE 44 U.K.

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 nationalityde jureof an enemy State, refugees who do not, in fact, enjoy the protection of any Government.

ARTICLE 45 U.K.

Protected persons shall not be transferred to a Power which is not a party to the Convention.

This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.

Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.

In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.

The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.

ARTICLE 46 U.K.

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 U.K.

ARTICLE 47 U.K.

Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.

ARTICLE 48 U.K.

Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.

ARTICLE 49 U.K.

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.

ARTICLE 50 U.K.

The Occupying Power shall, with the co-operation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.

The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organisations subordinate to it.

Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.

A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.

The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.

ARTICLE 51 U.K.

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 mobilisation of workers in an organisation of a military or semi-military character.

ARTICLE 52 U.K.

No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention.

All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.

ARTICLE 53 U.K.

Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organisations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.

ARTICLE 54 U.K.

The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.

This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.

ARTICLE 55 U.K.

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.

The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.

ARTICLE 56 U.K.

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the co-operation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.

If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.

In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.

ARTICLE 57 U.K.

The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.

The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.

ARTICLE 58 U.K.

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.

ARTICLE 59 U.K.

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 organisations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supples 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.

ARTICLE 60 U.K.

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.

ARTICLE 61 U.K.

The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the co-operation 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.

ARTICLE 62 U.K.

Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.

ARTICLE 63 U.K.

Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:

(a) recognised 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 organisations 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 organisation of rescues.

ARTICLE 64 U.K.

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.

ARTICLE 65 U.K.

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.

ARTICLE 66 U.K.

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.

ARTICLE 67 U.K.

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 that the accused is not a national of the Occupying Power.

ARTICLE 68 U.K.

Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.

The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that, since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence.

ARTICLE 69 U.K.

In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded.

ARTICLE 70 U.K.

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.

ARTICLE 71 U.K.

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.

ARTICLE 72 U.K.

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 at any time the right to object to the interpreter and to ask for his replacement.

ARTICLE 73 U.K.

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.

ARTICLE 74 U.K.

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 heldin camerain the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.

Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty or imprisonment of two years or more, shall not run until notification of judgment has been received by the Protecting Power.

ARTICLE 75 U.K.

In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.

No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.

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 organised 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.

ARTICLE 76 U.K.

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.

ARTICLE 77 U.K.

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.

ARTICLE 78 U.K.

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 U.K.

Chapter I.—General Provisions U.K.

ARTICLE 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.

ARTICLE 80

Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status.

ARTICLE 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 dependants are without adequate means of support or are unable to earn a living.

ARTICLE 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 U.K.

ARTICLE 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.

ARTICLE 84

Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason.

ARTICLE 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.

ARTICLE 86

The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.

ARTICLE 87

Canteens shall be installed in every place of internment, except where other suitable facilities are available. The 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.

ARTICLE 88

In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.

All due precautions must be taken in places of internment against the danger of fire.

Chapter III.—Food and Clothing U.K.

ARTICLE 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.

ARTICLE 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 U.K.

ARTICLE 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.

ARTICLE 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 U.K.

ARTICLE 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 authorised 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 organisations 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.

ARTICLE 94

The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.

All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside.

Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people.

ARTICLE 95

The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.

After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days’ notice.

These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.

The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same nature in the same district.

ARTICLE 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 organisations who may visit the places of internment.

Chapter VI.—Personal Property and Financial Resources U.K.

ARTICLE 97

Internees shall be permitted to retain articles of personal use. Moneys, 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, moneys 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.

ARTICLE 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 organisations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention.

The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer.

Chapter VII.—Administration and Discipline U.K.

ARTICLE 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.

ARTICLE 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 victimisation. 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.

ARTICLE 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 recognised 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.

ARTICLE 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 organisation 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.

ARTICLE 103

The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees.

In case the internees decide, in particular, to organise a system of mutual assistance amongst themselves, this organisation would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention.

ARTICLE 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 organisations 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.

Chapter VIII.—Relations with the Exterior U.K.

ARTICLE 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.

ARTICLE 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.

ARTICLE 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 recognised to be urgent.

As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorise correspondence in other languages.

ARTICLE 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 organisation 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.

ARTICLE 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 organisation giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.

ARTICLE 110

All relief shipments for internees shall be exempt from import, customs and other dues.

All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this effect, 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.

ARTICLE 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 organisation duly approved by the Parties to the conflict may undertake to ensure 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 organisation 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.

ARTICLE 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.

ARTICLE 113

The Detaining Powers shall provide all reasonable facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or despatched by them.

In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.

ARTICLE 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.

ARTICLE 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.

ARTICLE 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 U.K.

ARTICLE 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.

ARTICLE 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.

ARTICLE 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 connexion 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.

ARTICLE 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.

ARTICLE 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 connexion with an escape, whether successful or not.

ARTICLE 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.

ARTICLE 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.

ARTICLE 124

Internees shall not in any case be transferred to pentitentiary 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.

ARTICLE 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 internees given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention.

ARTICLE 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 U.K.

ARTICLE 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.

ARTICLE 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 U.K.

ARTICLE 129

The wills of internees shall be received for safe-keeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.

Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.

An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140.

ARTICLE 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 recognised.

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.

ARTICLE 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 XII.—Release, Repatriation and Accommodation in Neutral Countries U.K.

ARTICLE 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.

ARTICLE 133

Internment shall cease as soon as possible after the close of hostilities.

Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.

By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees.

ARTICLE 134

The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.

ARTICLE 135

The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.

Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request.

If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.

The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.

Section V.—Information Bureaux and Central Agency U.K.

ARTICLE 136

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.

Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.

ARTICLE 137

Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.

Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.

All communications in writing made by any Bureau shall be authenticated by a signature or a seal.

ARTICLE 138

The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.

Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.

ARTICLE 139

Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.

ARTICLE 140

A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organisation of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949.

The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.

The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.

The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief societies described in Article 142.

ARTICLE 141

The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.

PART IV.—EXECUTION OF THE CONVENTION U.K.

Section I.—General Provisions U.K.

ARTICLE 142 U.K.

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organisations, relief societies, or any other organisations assisting the protected persons shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organising their leisure time within the places of internment. Such societies or organisations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.

The Detaining Power may limit the number of societies and organisations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.

The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times.

ARTICLE 143 U.K.

Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work.

They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.

Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.

Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.

ARTICLE 144 U.K.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population.

Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions.

ARTICLE 145 U.K.

The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

ARTICLE 146 U.K.

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out aprima faciecase.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of 12th August, 1949.

ARTICLE 147 U.K.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

ARTICLE 148 U.K.

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

ARTICLE 149 U.K.

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.

Section II.—Final Provisions U.K.

ARTICLE 150 U.K.

The present Convention is established in English and in French. Both texts are equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.

ARTICLE 151 U.K.

The present Convention, which bears the date of this day, is open to signature until 12th February, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21st April, 1949.

ARTICLE 152 U.K.

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 153 U.K.

The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

ARTICLE 154 U.K.

In the relations between the Powers who are bound by The Hague Conventions relative to the Laws and Customs of War on Land, whether that of 29th July, 1899, or that of 18th October, 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.

ARTICLE 155 U.K.

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

ARTICLE 156 U.K.

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.

The Swiss Federal Council shall communicate the accession to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

ARTICLE 157 U.K.

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.

ARTICLE 158 U.K.

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

ARTICLE 159 U.K.

The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention.

Done at Geneva this twelfth day August, 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annexes.]

[F39 FIFTH SCHEDULE U.K. PROTOCOL I

Textual Amendments

F39 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F40 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) U.K.

Textual Amendments

F40 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

U.K. PREAMBLE

The High Contracting Parties,

Proclaiming their earnest wish to see peace prevail among peoples,

Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,

Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,

Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimising or authorising any act of aggression or any other use of force inconsistent with the Charter of the United Nations,

Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,

Have agreed on the following:

F41 PART I U.K. General Provisions

Textual Amendments

F41 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F42 Article 1— U.K. General principles and scope of application

Textual Amendments

F42 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F43 1 U.K. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

Textual Amendments

F43 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F44 2 U.K. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.

Textual Amendments

F44 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F45 3 U.K. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.

Textual Amendments

F45 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F46 4 U.K. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

Textual Amendments

F46 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F47 Article 2— U.K. Definitions

Textual Amendments

F47 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

For the purposes of this Protocol:

(a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; “the Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;

(b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognised principles and rules of international law which are applicable to armed conflict;

(c) “Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol;

(d) “substitute” means an organisation acting in place of a Protecting Power in accordance with Article 5.

F48 Article 3— U.K. Beginning and end of application

Textual Amendments

F48 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Without prejudice to the provisions which are applicable at all times:

(a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol;

(b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release, repatriation or re-establishment.

F49 Article 4— U.K. Legal status of the Parties to the conflict

Textual Amendments

F49 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question.

F50 Article 5— U.K. Appointment of Protecting Powers and of their substitute

Textual Amendments

F50 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F51 1 U.K. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, includinginter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.

Textual Amendments

F51 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F52 2 U.K. From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same purpose, permit the activities of a Protecting Power which has been accepted by it as such after designation by the adverse Party.

Textual Amendments

F52 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F53 3 U.K. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organisation to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may,inter alia, ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party, and ask each adverse Party to provide a list of at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt of the request; it shall compare them and seek the agreement of any proposed State named on both lists.

Textual Amendments

F53 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F54 4 U.K. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organisation which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol.

Textual Amendments

F54 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F55 5 U.K. In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory.

Textual Amendments

F55 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F56 6 U.K. The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a Party’s interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol.

Textual Amendments

F56 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F57 7 U.K. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.

Textual Amendments

F57 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F58 Article 6— U.K. Qualified persons

Textual Amendments

F58 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F59 1 U.K. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.

Textual Amendments

F59 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F60 2 U.K. The recruitment and training of such personnel are within domestic jurisdiction.

Textual Amendments

F60 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F61 3 U.K. The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose.

Textual Amendments

F61 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F62 4 U.K. The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned.

Textual Amendments

F62 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F63 Article 7— U.K. Meetings

Textual Amendments

F63 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems concerning the application of the Conventions and of the Protocol.

F64 PART II U.K. Wounded, Sick and Shipwrecked

Textual Amendments

F64 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F65 SECTION I— U.K. GENERAL PROTECTION

Textual Amendments

F65 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F66 Article 8— U.K. Terminology

Textual Amendments

F66 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

For the purposes of this Protocol:

(a) “wounded” and “sick” means persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility;

(b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;

(c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under sub-paragraph (e) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes:

(i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organisations;

(ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognised and authorised by a Party to the conflict;

(iii) medical personnel of medical units or medical transports described in Article 9, paragraph 2;

(d) “religious personnel” means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:

(i) to the armed forces of a Party to the conflict;

(ii) to medical units or medical transports of a Party to the conflict;

(iii) to medical units or medical transports described in Article 9, paragraph 2; or

(iv) to civil defence organisations of a Party to the conflict.

The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under sub-paragraph (k) apply to them;

(e) “medical units” means establishments and other units, whether military or civilian, organised for medical purposes, namely the search for, collection, transportation, diagnosis or treatment—including first-aid treatment—of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;

(f) “medical transportation” means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol;

(g) “medical transports” means any means of transportation, whether military or civilian, permanent or temporary, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conflict;

(h) “medical vehicles” means any medical transports by land;

(i) “medical ships and craft” means any medical transports by water;

(j) “medical aircraft” means any medical transports by air;

(k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those assigned exclusively to medical purposes for an indeterminate period. “Temporary medical personnel”, “temporary medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel", “medical units" and “medical transports" cover both permanent and temporary categories;

(l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies;

(m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol.

F67 Article 9— U.K. Field of application

Textual Amendments

F67 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F68 1 U.K. This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.

Textual Amendments

F68 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F69 2 U.K. The relevant provisions of Articles 27 and 32 of the First Convention shall apply to permanent medical units and transports (other than hospital ships, to which Article 25 of the Second Convention applies) and their personnel made available to a Party to the conflict for humanitarian purposes:

(a) by a neutral or other State which is not a Party to that conflict;

(b) by a recognised and authorised aid society of such a State;

(c) by an impartial international humanitarian organisation.

Textual Amendments

F69 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F70 Article 10— U.K. Protection and care

Textual Amendments

F70 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F71 1 U.K. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.

Textual Amendments

F71 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F72 2 U.K. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.

Textual Amendments

F72 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F73 Article 11— U.K. Protection of persons

Textual Amendments

F73 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F74 1 U.K. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.

Textual Amendments

F74 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F75 2 U.K. It is, in particular, prohibited to carry out on such persons, even with their consent:

(a) physical mutilations;

(b) medical or scientific experiments;

(c) removal of tissue or organs for transplantation,

except where these acts are justified in conformity with the conditions provided for in paragraph 1.

Textual Amendments

F75 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F76 3 U.K. Exceptions to the prohibition in paragraph 2(c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the benefit of both the donor and the recipient.

Textual Amendments

F76 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F77 4 U.K. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.

Textual Amendments

F77 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F78 5 U.K. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.

Textual Amendments

F78 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F79 6 U.K. Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. These records shall be available at all times for inspection by the Protecting Power.

Textual Amendments

F79 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F80 Article 12— U.K. Protection of medical units

Textual Amendments

F80 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F81 1 U.K. Medical units shall be respected and protected at all times and shall not be the object of attack.

Textual Amendments

F81 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F82 2 U.K. Paragraph 1 shall apply to civilian medical units, provided that they:

(a) belong to one of the Parties to the conflict;

(b) are recognised and authorised by the competent authority of one of the Parties to the conflict; or

(c) are authorised in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.

Textual Amendments

F82 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F83 3 U.K. The Parties to the conflict are invited to notify each other of the location of their fixed medical units. The absence of such notification shall not exempt any of the Parties from the obligation to comply with the provisions of paragraph 1.

Textual Amendments

F83 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F84 4 U.K. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety.

Textual Amendments

F84 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F85 Article 13— U.K. Discontinuance of protection of civilian medical units

Textual Amendments

F85 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F86 1 U.K. The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

Textual Amendments

F86 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F87 2 U.K. The following shall not be considered as acts harmful to the enemy:

(a) that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge;

(b) that the unit is guarded by a picket or by sentries or by an escort;

(c) that small-arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units;

(d) that members of the armed forces or other combatants are in the unit for medical reasons.

Textual Amendments

F87 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F88 Article 14— U.K. Limitations on requisition of civilian medical units

Textual Amendments

F88 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F89 1 U.K. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.

Textual Amendments

F89 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F90 2 U.K. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, theirmatériel or the services of their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment.

Textual Amendments

F90 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F91 3 U.K. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said resources, subject to the following particular conditions:

(a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members of the armed forces of the Occupying Power or of prisoners of war;

(b) that the requisition continues only while such necessity exists; and

(c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied.

Textual Amendments

F91 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F92 Article 15— U.K. Protection of civilian medical and religious personnel

Textual Amendments

F92 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F93 1 U.K. Civilian medical personnel shall be respected and protected.

Textual Amendments

F93 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F94 2 U.K. If needed, all available help shall be afforded to civilian medical personnel in an area where civilian medical services are disrupted by reason of combat activity.

Textual Amendments

F94 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F95 3 U.K. The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance of those functions, such personnel shall give priority to the treatment of any person except on medical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

Textual Amendments

F95 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F96 4 U.K. Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary.

Textual Amendments

F96 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F97 5 U.K. Civilian religious personnel shall be respected and protected.

The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons.

Textual Amendments

F97 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F98 Article 16— U.K. General protection of medical duties

Textual Amendments

F98 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F99 1 U.K. Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

Textual Amendments

F99 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F100 2 U.K. Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.

Textual Amendments

F100 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F101 3 U.K. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected.

Textual Amendments

F101 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F102 Article 17— U.K. Role of the civilian population and of aid societies

Textual Amendments

F102 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F103 1 U.K. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.

Textual Amendments

F103 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F104 2 U.K. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant both protection and the necessary facilities to those who respond to this appeal. If the adverse Party gains or regains control of the area, that Party also shall afford the same protection and facilities for so long as they are needed.

Textual Amendments

F104 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F105 Article 18— U.K. Identification

Textual Amendments

F105 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F106 1 U.K. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable.

Textual Amendments

F106 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F107 2 U.K. Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognise medical units and transports which use the distinctive emblem and distinctive signals.

Textual Amendments

F107 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F108 3 U.K. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical personnel and civilian religious personnel should be recognisable by the distinctive emblem and an identity card certifying their status.

Textual Amendments

F108 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F109 4 U.K. With the consent of the competent authority, medical units and transports shall be marked by the distinctive emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the provisions of the Second Convention.

Textual Amendments

F109 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F110 5 U.K. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorise the use of distinctive signals to identify medical units and transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem.

Textual Amendments

F110 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F111 6 U.K. The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to III of Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and transports specified in that Chapter.

Textual Amendments

F111 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F112 7 U.K. This Article does not authorise any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention.

Textual Amendments

F112 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F113 8 U.K. The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.

Textual Amendments

F113 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F114 Article 19— U.K. Neutral and other States not Parties to the conflict

Textual Amendments

F114 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find.

F115 Article 20— U.K. Prohibition of reprisals

Textual Amendments

F115 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Reprisals against the persons and objects protected by this Part are prohibited.

F116 SECTION II— U.K. MEDICAL TRANSPORTATION

Textual Amendments

F116 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F117 Article 21— U.K. Medical vehicles

Textual Amendments

F117 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.

F118 Article 22— U.K. Hospital ships and coastal rescue craft

Textual Amendments

F118 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F119 1 U.K. The provisions of the Conventions relating to:

(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,

(b) their lifeboats and small craft,

(c) their personnel and crews, and

(d) the wounded, sick and shipwrecked on board,

shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol.

Textual Amendments

F119 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F120 2 U.K. The protection provided by the Conventions to vessels described in Article 25 of the Second Convention shall extend to hospital ships made available for humanitarian purposes to a Party to the conflict:

(a) by a neutral or other State which is not a Party to that conflict; or

(b) by an impartial international humanitarian organisation,

provided that, in either case, the requirements set out in that Article are complied with.

Textual Amendments

F120 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F121 3 U.K. Small craft described in Article 27 of the Second Convention shall be protected even if the notification envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each other of any details of such craft which will facilitate their identification and recognition.

Textual Amendments

F121 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F122 Article 23— U.K. Other medical ships and craft

Textual Amendments

F122 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F123 1 U.K. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognised as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention.

Textual Amendments

F123 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F124 2 U.K. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board.

Textual Amendments

F124 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F125 3 U.K. The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.

Textual Amendments

F125 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F126 4 U.K. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information.

Textual Amendments

F126 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F127 5 U.K. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.

Textual Amendments

F127 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F128 6 U.K. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked civilians who do not belong to any of the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol.

Textual Amendments

F128 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F129 Article 24— U.K. Protection of medical aircraft

Textual Amendments

F129 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Medical aircraft shall be respected and protected, subject to the provisions of this Part.

F130 Article 25— U.K. Medical aircraft in areas not controlled by an adverse Party

Textual Amendments

F130 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conflict is not dependent on any agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making flights bringing them within range of surface-to-air weapons systems of the adverse Party.

F131 Article 26— U.K. Medical aircraft in contact or similar zones

Textual Amendments

F131 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F132 1 U.K. In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognised as such.

Textual Amendments

F132 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F133 2 U.K. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.

Textual Amendments

F133 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F134 Article 27— U.K. Medical aircraft in areas controlled by an adverse Party

Textual Amendments

F134 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F135 1 U.K. The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party.

Textual Amendments

F135 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F136 2 U.K. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. As soon as such medical aircraft has been recognised by the adverse Party, that Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.

Textual Amendments

F136 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F137 Article 28— U.K. Restrictions on operations of medical aircraft

Textual Amendments

F137 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F138 1 U.K. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack.

Textual Amendments

F138 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F139 2 U.K. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition in Article 8, sub-paragraph (f). The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited.

Textual Amendments

F139 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F140 3 U.K. Medical aircraft shall not carry any armament except small-arms and ammunition taken from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.

Textual Amendments

F140 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F141 4 U.K. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.

Textual Amendments

F141 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F142 Article 29— U.K. Notifications and agreements concerning medical aircraft

Textual Amendments

F142 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I.1998/1505, art. 2

F143 1 U.K. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means of identification, and shall be understood to mean that every flight will be carried out in compliance with Article 28.

Textual Amendments

F143 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F144 2 U.K. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification.

Textual Amendments

F144 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F145 3 U.K. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as rapidly as possible, notify the requesting Party:

(a) that the request is agreed to;

(b) that the request is denied; or

(c) of reasonable alternative proposals to the request. It may also propose a prohibition or restriction of other flights in the area during the time involved. If the Party which submitted the request accepts the alternative proposals, it shall notify the other Party of such acceptance.

Textual Amendments

F145 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F146 4 U.K. The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly.

Textual Amendments

F146 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F147 5 U.K. The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements to the military units concerned and shall instruct those units regarding the means of identification that will be used by the medical aircraft in question.

Textual Amendments

F147 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F148 Article 30— U.K. Landing and inspection of medical aircraft

Textual Amendments

F148 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F149 1 U.K. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.

Textual Amendments

F149 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F150 2 U.K. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick to be removed from the aircraft unless their removal is essential for the inspection. That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or by the removal.

Textual Amendments

F150 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F151 3 U.K. If the inspection discloses that the aircraft:

(a) is a medical aircraft within the meaning of Article 8, sub-paragraph (j),

(b) is not in violation of the conditions prescribed in Article 28, and

(c) has not flown without or in breach of a prior agreement where such agreement is required,

the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be authorised to continue the flight without delay.

Textual Amendments

F151 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F152 4 U.K. If the inspection discloses that the aircraft:

(a) is not a medical aircraft within the meaning of Article 8, sub-paragraph (j),

(b) is in violation of the conditions prescribed in Article 28, or

(c) has flown without or in breach of a prior agreement where such agreement is required,

the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be used thereafter only as a medical aircraft.

Textual Amendments

F152 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F153 Article 31— U.K. Neutral or other States not Parties to the conflict

Textual Amendments

F153 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F154 1 U.K. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. However, with such an agreement, they shall be respected throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate.

Textual Amendments

F154 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F155 2 U.K. Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either through navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft is recognised, that State shall make all reasonable efforts to give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.

Textual Amendments

F155 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F156 3 U.K. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized and the occupants treated in accordance with paragraph 4.

Textual Amendments

F156 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F157 4 U.K. The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party to the conflict shall, unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in the hostilities. The cost of hospital treatment and internment shall be borne by the State to which those persons belong.

Textual Amendments

F157 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F158 5 U.K. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the conflict.

Textual Amendments

F158 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F159 SECTION III— U.K. MISSING AND DEAD PERSONS

Textual Amendments

F159 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F160 Article 32— U.K. General principle

Textual Amendments

F160 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organisations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.

F161 Article 33— U.K. Missing persons

Textual Amendments

F161 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F162 1 U.K. As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches.

Textual Amendments

F162 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F163 2 U.K. In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol:

(a) record the information specified in Article 138 of the Fourth Convention in respect of such persons who have been detained, imprisoned or otherwise held in captivity for more than two weeks as a result of hostilities or occupation, or who have died during any period of detention;

(b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation.

Textual Amendments

F163 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F164 3 U.K. Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency.

Textual Amendments

F164 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F165 4 U.K. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and recover the dead from battlefield areas, including arrangements, if appropriate, for such teams to be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected while exclusively carrying out these duties.

Textual Amendments

F165 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F166 Article 34— U.K. Remains of deceased

Textual Amendments

F166 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F167 1 U.K. The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.

Textual Amendments

F167 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F168 2 U.K. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result of hostilities or during occupation or in detention are situated, shall conclude agreements in order:

(a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves registration services and to regulate the practical arrangements for such access;

(b) to protect and maintain such gravesites permanently;

(c) to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.

Textual Amendments

F168 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F169 3 U.K. In the absence of the agreements provided for in paragraph 2(b) or (c) and if the home country of such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves.

Textual Amendments

F169 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F170 4 U.K. A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be permitted to exhume the remains only:

(a) in accordance with paragraphs 2(c) and 3, or

(b) where exhumation is a matter of overriding public necessity, including cases of medical and investigative necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country of its intention to exhume the remains together with details of the intended place of reinterment.

Textual Amendments

F170 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F171 PART III U.K. Methods and Means of Warfare Combatant and Prisoner-of-War Status

Textual Amendments

F171 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F172 SECTION I— U.K. METHODS AND MEANS OF WARFARE

Textual Amendments

F172 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F173 Article 35— U.K. Basic rules

Textual Amendments

F173 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F174 1 U.K. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

Textual Amendments

F174 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F175 2 U.K. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

Textual Amendments

F175 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F176 3 U.K. It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.

Textual Amendments

F176 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F177 Article 36— U.K. New weapons

Textual Amendments

F177 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.

F178 Article 37— U.K. Prohibition of perfidy

Textual Amendments

F178 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F179 1 U.K. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and

(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.

Textual Amendments

F179 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F180 2 U.K. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.

Textual Amendments

F180 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F181 Article 38— U.K. Recognised emblems

Textual Amendments

F181 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F182 1 U.K. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognised protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

Textual Amendments

F182 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F183 2 U.K. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorised by that Organisation.

Textual Amendments

F183 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F184 Article 39— U.K. Emblems of nationality

Textual Amendments

F184 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F185 1 U.K. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.

Textual Amendments

F185 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F186 2 U.K. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.

Textual Amendments

F186 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F187 3 U.K. Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognised rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.

Textual Amendments

F187 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F188 Article 40— U.K. Quarter

Textual Amendments

F188 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

F189 Article 41— U.K. Safeguard of an enemy hors de combat

Textual Amendments

F189 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F190 1 U.K. A person who is recognised or who, in the circumstances, should be recognised to behors de combat shall not be made the object of attack.

Textual Amendments

F190 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F191 2 U.K. A person ishors de combat if:

(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or

(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

Textual Amendments

F191 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F192 3 U.K. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.

Textual Amendments

F192 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F193 Article 42— U.K. Occupants of aircraft

Textual Amendments

F193 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F194 1 U.K. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

Textual Amendments

F194 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F195 2 U.K. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.

Textual Amendments

F195 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F196 3 U.K. Airborne troops are not protected by this Article.

Textual Amendments

F196 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F197 SECTION II— U.K. COMBATANT AND PRISONER-OF-WAR STATUS

Textual Amendments

F197 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F198 Article 43— U.K. Armed forces

Textual Amendments

F198 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F199 1 U.K. The armed forces of a Party to a conflict consist of all organised armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognised by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which,inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.

Textual Amendments

F199 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F200 2 U.K. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.

Textual Amendments

F200 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F201 3 U.K. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.

Textual Amendments

F201 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F202 Article 44— U.K. Combatants and prisoners of war

Textual Amendments

F202 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F203 1 U.K. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

Textual Amendments

F203 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F204 2 U.K. While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.

Textual Amendments

F204 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F205 3 U.K. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognising, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly:

(a) during each military engagement, and

(b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1(c).

Textual Amendments

F205 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F206 4 U.K. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

Textual Amendments

F206 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F207 5 U.K. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities.

Textual Amendments

F207 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F208 6 U.K. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention.

Textual Amendments

F208 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F209 7 U.K. This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict.

Textual Amendments

F209 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F210 8 U.K. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

Textual Amendments

F210 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F211 Article 45— U.K. Protection of persons who have taken part in hostilities

Textual Amendments

F211 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F212 1 U.K. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.

Textual Amendments

F212 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F213 2 U.K. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are heldin camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly.

Textual Amendments

F213 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F214 3 U.K. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention.

Textual Amendments

F214 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F215 Article 46— U.K. Spies

Textual Amendments

F215 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F216 1 U.K. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

Textual Amendments

F216 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F217 2 U.K. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.

Textual Amendments

F217 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F218 3 U.K. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

Textual Amendments

F218 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F219 4 U.K. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs.

Textual Amendments

F219 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F220 Article 47— U.K. Mercenaries

Textual Amendments

F220 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F221 1 U.K. A mercenary shall not have the right to be a combatant or a prisoner of war.

Textual Amendments

F221 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F222 2 U.K. A mercenary is any person who:

(a) is specially recruited locally or abroad in order to fight in an armed conflict;

(b) does, in fact, take a direct part in the hostilities;

(c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;

(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

(e) is not a member of the armed forces of a Party to the conflict; and

(f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

Textual Amendments

F222 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F223 PART IV U.K. Civilian Population

Textual Amendments

F223 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F224 SECTION I— U.K. GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES

Textual Amendments

F224 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F225 CHAPTER I— U.K. BASIC RULE AND FIELD OF APPLICATION

Textual Amendments

F225 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F226 Article 48— U.K. Basic rule

Textual Amendments

F226 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.

F227 Article 49— U.K. Definition of attacks and scope of application

Textual Amendments

F227 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F228 1 U.K. “Attacks” means acts of violence against the adversary, whether in offence or in defence.

Textual Amendments

F228 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F229 2 U.K. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party.

Textual Amendments

F229 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F230 3 U.K. The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land. They further apply to all attacks from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air.

Textual Amendments

F230 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F231 4 U.K. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.

Textual Amendments

F231 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F232 CHAPTER II— U.K. CIVILIANS AND CIVILIAN POPULATION

Textual Amendments

F232 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F233 Article 50— U.K. Definition of civilians and civilian population

Textual Amendments

F233 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F234 1 U.K. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A(1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.

Textual Amendments

F234 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F235 2 U.K. The civilian population comprises all persons who are civilians.

Textual Amendments

F235 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F236 3 U.K. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character.

Textual Amendments

F236 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F237 Article 51— U.K. Protection of the civilian population

Textual Amendments

F237 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F238 1 U.K. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

Textual Amendments

F238 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F239 2 U.K. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

Textual Amendments

F239 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F240 3 U.K. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

Textual Amendments

F240 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F241 4 U.K. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

Textual Amendments

F241 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F242 5 U.K. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

Textual Amendments

F242 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F243 6 U.K. Attacks against the civilian population or civilians by way of reprisals are prohibited.

Textual Amendments

F243 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F244 7 U.K. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

Textual Amendments

F244 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F245 8 U.K. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57.

Textual Amendments

F245 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F246 CHAPTER III— U.K. CIVILIAN OBJECTS

Textual Amendments

F246 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F247 Article 52— U.K. General protection of civilian objects

Textual Amendments

F247 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F248 1 U.K. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.

Textual Amendments

F248 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F249 2 U.K. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers a definite military advantage.

Textual Amendments

F249 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F250 3 U.K. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.

Textual Amendments

F250 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F251 Article 53— U.K. Protection of cultural objects and of places of worship

Textual Amendments

F251 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:

(a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;

(b) to use such objects in support of the military effort;

(c) to make such objects the object of reprisals.

F252 Article 54— U.K. Protection of objects indispensable to the survival of the civilian population

Textual Amendments

F252 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F253 1 U.K. Starvation of civilians as a method of warfare is prohibited.

Textual Amendments

F253 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F254 2 U.K. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.

Textual Amendments

F254 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F255 3 U.K. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party:

(a) as sustenance solely for the members of its armed forces; or

(b) if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.

Textual Amendments

F255 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F256 4 U.K. These objects shall not be made the object of reprisals.

Textual Amendments

F256 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F257 5 U.K. In recognition of the vital requirements of any Party to the conflict in the defence of its national territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity.

Textual Amendments

F257 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F258 Article 55— U.K. Protection of the natural environment

Textual Amendments

F258 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F259 1 U.K. Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.

Textual Amendments

F259 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F260 2 U.K. Attacks against the natural environment by way of reprisals are prohibited.

Textual Amendments

F260 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F261 Article 56— U.K. Protection of works and installations containing dangerous forces

Textual Amendments

F261 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F262 1 U.K. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.

Textual Amendments

F262 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F263 2 U.K. The special protection against attack provided by paragraph 1 shall cease:

(a) for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;

(b) for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;

(c) for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.

Textual Amendments

F263 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F264 3 U.K. In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57. If the protection ceases and any of the works, installations or military objectives mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces.

Textual Amendments

F264 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F265 4 U.K. It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals.

Textual Amendments

F265 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F266 5 U.K. The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of defending the protected works or installations from attack are permissible and shall not themselves be made the object of attack, provided that they are not used in hostilities except for defensive actions necessary to respond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against the protected works or installations.

Textual Amendments

F266 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F267 6 U.K. The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements among themselves to provide additional protection for objects containing dangerous forces.

Textual Amendments

F267 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F268 7 U.K. In order to facilitate the identification of the objects protected by this Article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article.

Note: the reference in this paragraph to Article 16 of Annex I is to be read as a reference to Article 17 of that Annex, following the entry into force on 1 March 1994 of amendments to Annex I made under Article 98.

Textual Amendments

F268 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F269 CHAPTER IV— U.K. PRECAUTIONARY MEASURES

Textual Amendments

F269 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F270 Article 57— U.K. Precautions in attack

Textual Amendments

F270 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F271 1 U.K. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

Textual Amendments

F271 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F272 2 U.K. With respect to attacks, the following precautions shall be taken:

(a) those who plan or decide upon an attack shall:

(i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;

(ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimising, incidental loss of civilian life, injury to civilians and damage to civilian objects;

(iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;

(b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;

(c) effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit.

Textual Amendments

F272 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F273 3 U.K. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.

Textual Amendments

F273 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F274 4 U.K. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.

Textual Amendments

F274 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F275 5 U.K. No provision of this Article may be construed as authorising any attacks against the civilian population, civilians or civilian objects.

Textual Amendments

F275 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F276 Article 58— U.K. Precautions against the effects of attacks

Textual Amendments

F276 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The Parties to the conflict shall, to the maximum extent feasible:

(a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives;

(b) avoid locating military objectives within or near densely populated areas;

(c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.

F277 CHAPTER V— U.K. LOCALITIES AND ZONES UNDER SPECIAL PROTECTION

Textual Amendments

F277 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F278 Article 59— U.K. Non-defended localities

Textual Amendments

F278 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F279 1 U.K. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.

Textual Amendments

F279 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F280 2 U.K. The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a locality shall fulfil the following conditions:

(a) all combatants, as well as mobile weapons and mobile military equipment must have been evacuated;

(b) no hostile use shall be made of fixed military installations or establishments;

(c) no acts of hostility shall be committed by the authorities or by the population; and

(d) no activities in support of military operations shall be undertaken.

Textual Amendments

F280 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F281 3 U.K. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2.

Textual Amendments

F281 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F282 4 U.K. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

Textual Amendments

F282 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F283 5 U.K. The Parties to the conflict may agree on the establishment of non-defended localities even if such localities do not fulfil the conditions laid down in paragraph 2. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay down the methods of supervision.

Textual Amendments

F283 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F284 6 U.K. The Party which is in control of a locality governed by such an agreement shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways.

Textual Amendments

F284 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F285 7 U.K. A locality loses its status as a non-defended locality when it ceases to fulfil the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

Textual Amendments

F285 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F286 Article 60— U.K. Demilitarised zones

Textual Amendments

F286 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F287 1 U.K. It is prohibited for the Parties to the conflict to extend their military operations to zones on which they have conferred by agreement the status of demilitarised zone, if such extension is contrary to the terms of this agreement.

Textual Amendments

F287 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F288 2 U.K. The agreement shall be an express agreement, may be concluded verbally or in writing, either directly or through a Protecting Power or any impartial humanitarian organisation, and may consist of reciprocal and concordant declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should define and describe, as precisely as possible, the limits of the demilitarised zone and, if necessary, lay down the methods of supervision.

Textual Amendments

F288 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F289 3 U.K. The subject of such an agreement shall normally be any zone which fulfils the following conditions:

(a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;

(b) no hostile use shall be made of fixed military installations or establishments;

(c) no acts of hostility shall be committed by the authorities or by the population; and

(d) any activity linked to the military effort must have ceased.

The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in sub-paragraph (d) and upon persons to be admitted to the demilitarised zone other than those mentioned in paragraph 4.

Textual Amendments

F289 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F290 4 U.K. The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3.

Textual Amendments

F290 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F291 5 U.K. The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways.

Textual Amendments

F291 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F292 6 U.K. If the fighting draws near to a demilitarised zone, and if the Parties to the conflict have so agreed, none of them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.

Textual Amendments

F292 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F293 7 U.K. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarised zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

Textual Amendments

F293 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F294 CHAPTER VI— U.K. CIVIL DEFENCE

Textual Amendments

F294 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F295 Article 61— U.K. Definitions and scope

Textual Amendments

F295 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

For the purposes of this Protocol:

(a) “civil defence” means the performance of some or all of the undermentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are:

(i) warning;

(ii) evacuation;

(iii) management of shelters;

(iv) management of blackout measures;

(v) rescue;

(vi) medical services, including first aid, and religious assistance;

(vii) fire-fighting;

(viii) detection and marking of danger areas;

(ix) decontamination and similar protective measures;

(x) provision of emergency accommodation and supplies;

(xi) emergency assistance in the restoration and maintenance of order in distressed areas;

(xii) emergency repair of indispensable public utilities;

(xiii) emergency disposal of the dead;

(xiv) assistance in the preservation of objects essential for survival;

(xv) complementary activities necessary to carry out any of the tasks mentioned above, including, but not limited to, planning and organisation;

(b) “civil defence organisations” means those establishments and other units which are organised or authorised by the competent authorities of a Party to the conflict to perform any of the tasks mentioned under sub-paragraph (a), and which are assigned and devoted exclusively to such tasks;

(c) “personnel” of civil defence organisations means those persons assigned by a Party to the conflict exclusively to the performance of the tasks mentioned under sub-paragraph (a), including personnel assigned by the competent authority of that Party exclusively to the administration of these organisations;

(d) “mategriel” of civil defence organisations means equipment, supplies and transports used by these organisations for the performance of the tasks mentioned under sub-paragraph (a).

F296 Article 62— U.K. General protection

Textual Amendments

F296 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F297 1 U.K. Civilian civil defence organisations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this Section. They shall be entitled to perform their civil defence tasks except in case of imperative military necessity.

Textual Amendments

F297 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F298 2 U.K. The provisions of paragraph 1 shall also apply to civilians who, although not members of civilian civil defence organisations, respond to an appeal from the competent authorities and perform civil defence tasks under their control.

Textual Amendments

F298 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F299 3 U.K. Buildings andmategriel used for civil defence purposes and shelters provided for the civilian population are covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong.

Textual Amendments

F299 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F300 Article 63— U.K. Civil defence in occupied territories

Textual Amendments

F300 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F301 1 U.K. In occupied territories, civilian civil defence organisations shall receive from the authorities the facilities necessary for the performance of their tasks. In no circumstances shall their personnel be compelled to perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not change the structure or personnel of such organisations in any way which might jeopardise the efficient performance of their mission. These organisations shall not be required to give priority to the nationals or interests of that Power.

Textual Amendments

F301 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F302 2 U.K. The Occupying Power shall not compel, coerce or induce civilian civil defence organisations to perform their tasks in any manner prejudicial to the interests of the civilian population.

Textual Amendments

F302 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F303 3 U.K. The Occupying Power may disarm civil defence personnel for reasons of security.

Textual Amendments

F303 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F304 4 U.K. The Occupying Power shall neither divert from their proper use nor requisition buildings ormategriel belonging to or used by civil defence organisations if such diversion or requisition would be harmful to the civilian population.

Textual Amendments

F304 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F305 5 U.K. Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or divert these resources, subject to the following particular conditions:

(a) that the buildings ormategriel are necessary for other needs of the civilian population; and

(b) that the requisition or diversion continues only while such necessity exists.

Textual Amendments

F305 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F306 6 U.K. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population.

Textual Amendments

F306 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F307 Article 64— U.K. Civilian civil defence organisations of neutral or other States not Parties to the conflict and international co-ordinating organisations

Textual Amendments

F307 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F308 1 U.K. Articles 62, 63, 65 and 66 shall also apply to the personnel andmategriel of civilian civil defence organisations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned.

Textual Amendments

F308 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F309 2 U.K. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co-ordination of such civil defence actions when appropriate. In such cases the relevant international organisations are covered by the provisions of this Chapter.

Textual Amendments

F309 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F310 3 U.K. In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence organisations of neutral or other States not Parties to the conflict and of international co-ordinating organisations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory.

Textual Amendments

F310 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F311 Article 65— U.K. Cessation of protection

Textual Amendments

F311 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F312 1 U.K. The protection to which civilian civil defence organisations, their personnel, buildings, shelters andmategriel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

Textual Amendments

F312 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F313 2 U.K. The following shall not be considered as acts harmful to the enemy:

(a) that civil defence tasks are carried out under the direction or control of military authorities;

(b) that civilian civil defence personnel co-operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence organisations;

(c) that the performance of civil defence tasks may incidentally benefit military victims, particularly those who arehors de combat.

Textual Amendments

F313 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F314 3 U.K. It shall also not be considered as an act harmful to the enemy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order or for self-defence. However, in areas where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols or revolvers, in order to assist in distinguishing between civil defence personnel and combatants. Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognised as such.

Textual Amendments

F314 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F315 4 U.K. The formation of civilian civil defence organisations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter.

Textual Amendments

F315 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F316 Article 66— U.K. Identification

Textual Amendments

F316 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F317 1 U.K. Each Party to the conflict shall endeavour to ensure that its civil defence organisations, their personnel, buildings andmategriel, are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable.

Textual Amendments

F317 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F318 2 U.K. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognise civilian shelters as well as civil defence personnel, buildings andmategriel on which the international distinctive sign of civil defence is displayed.

Textual Amendments

F318 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F319 3 U.K. In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil defence personnel should be recognisable by the international distinctive sign of civil defence and by an identity card certifying their status.

Textual Amendments

F319 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F320 4 U.K. The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organisations, their personnel, buildings andmategriel and for civilian shelters.

Textual Amendments

F320 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F321 5 U.K. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes.

Textual Amendments

F321 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F322 6 U.K. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol.

Textual Amendments

F322 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F323 7 U.K. In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes.

Textual Amendments

F323 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F324 8 U.K. The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.

Textual Amendments

F324 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F325 9 U.K. The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18.

Textual Amendments

F325 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F326 Article 67— U.K. Members of the armed forces and military units assigned to civil defence organisations

Textual Amendments

F326 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F327 1 U.K. Members of the armed forces and military units assigned to civil defence organisations shall be respected and protected, provided that:

(a) such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61;

(b) if so assigned, such personnel do not perform any other military duties during the conflict;

(c) such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status;

(d) such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also apply in this case;

(e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party;

(f) such personnel and such units perform their civil defence tasks only within the national territory of their Party.

The non-observance of the conditions stated in (e) above by any member of the armed forces who is bound by the conditions prescribed in (a) and (b) above is prohibited.

Textual Amendments

F327 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F328 2 U.K. Military personnel serving within civil defence organisations shall, if they fall into the power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks.

Textual Amendments

F328 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F329 3 U.K. The buildings and major items of equipment and transports of military units assigned to civil defence organisations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign shall be as large as appropriate.

Textual Amendments

F329 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F330 4 U.K. Themategriel and buildings of military units permanently assigned to civil defence organisations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population.

Textual Amendments

F330 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F331 SECTION II— U.K. RELIEF IN FAVOUR OF THE CIVILIAN POPULATION

Textual Amendments

F331 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F332 Article 68— U.K. Field of application

Textual Amendments

F332 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.

F333 Article 69— U.K. Basic needs in occupied territories

Textual Amendments

F333 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F334 1 U.K. In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship.

Textual Amendments

F334 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F335 2 U.K. Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay.

Textual Amendments

F335 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F336 Article 70— U.K. Relief actions

Textual Amendments

F336 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F337 1 U.K. If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies mentioned in Article 69, relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection.

Textual Amendments

F337 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F338 2 U.K. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.

Textual Amendments

F338 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F339 3 U.K. The Parties to the conflict and each High Contracting Party which allow the passage of relief consignments, equipment and personnel in accordance with paragraph 2:

(a) shall have the right to prescribe the technical arrangements, including search, under which such passage is permitted;

(b) may make such permission conditional on the distribution of this assistance being made under the local supervision of a Protecting Power;

(c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned.

Textual Amendments

F339 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F340 4 U.K. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.

Textual Amendments

F340 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F341 5 U.K. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective international co-ordination of the relief actions referred to in paragraph 1.

Textual Amendments

F341 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F342 Article 71— U.K. Personnel participating in relief actions

Textual Amendments

F342 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F343 1 U.K. Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.

Textual Amendments

F343 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F344 2 U.K. Such personnel shall be respected and protected.

Textual Amendments

F344 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F345 3 U.K. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements temporarily restricted.

Textual Amendments

F345 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F346 4 U.K. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated.

Textual Amendments

F346 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F347 SECTION III— U.K. TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT

Textual Amendments

F347 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F348 CHAPTER I— U.K. FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS

Textual Amendments

F348 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F349 Article 72— U.K. Field of application

Textual Amendments

F349 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict.

F350 Article 73— U.K. Refugees and stateless persons

Textual Amendments

F350 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse distinction.

F351 Article 74— U.K. Reunion of dispersed families

Textual Amendments

F351 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organisations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations.

F352 Article 75— U.K. Fundamental guarantees

Textual Amendments

F352 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F353 1 U.K. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons.

Textual Amendments

F353 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F354 2 U.K. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:

(a) violence to the life, health, or physical or mental well-being of persons, in particular:

(i) murder;

(ii) torture of all kinds, whether physical or mental;

(iii) corporal punishment; and

(iv) mutilation;

(b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault;

(c) the taking of hostages;

(d) collective punishments; and

(e) threats to commit any of the foregoing acts.

Textual Amendments

F354 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F355 3 U.K. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.

Textual Amendments

F355 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F356 4 U.K. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conflict except pursuant to a conviction pronounced by an impartial and regularly constituted court respecting the generally recognised principles of regular judicial procedure, which include the following:

(a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;

(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;

(c) no one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under the national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;

(d) anyone charged with an offence is presumed innocent until proved guilty according to law;

(e) anyone charged with an offence shall have the right to be tried in his presence;

(f) no one shall be compelled to testify against himself or to confess guilt;

(g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(h) no one shall be prosecuted or punished by the same Party for an offence in respect of which a final judgement acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;

(i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and

(j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised.

Textual Amendments

F356 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F357 5 U.K. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units.

Textual Amendments

F357 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F358 6 U.K. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict.

Textual Amendments

F358 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F359 7 U.K. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply:

(a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and

(b) any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.

Textual Amendments

F359 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F360 8 U.K. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.

Textual Amendments

F360 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F361 CHAPTER II— U.K. MEASURES IN FAVOUR OF WOMEN AND CHILDREN

Textual Amendments

F361 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F362 Article 76— U.K. Protection of women

Textual Amendments

F362 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F363 1 U.K. Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault.

Textual Amendments

F363 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F364 2 U.K. Pregnant women and mothers having dependant infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their cases considered with the utmost priority.

Textual Amendments

F364 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F365 3 U.K. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependant infants, for an offence related to the armed conflict. The death penalty for such offences shall not be executed on such women.

Textual Amendments

F365 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F366 Article 77— U.K. Protection of children

Textual Amendments

F366 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F367 1 U.K. Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason.

Textual Amendments

F367 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F368 2 U.K. The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest.

Textual Amendments

F368 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F369 3 U.K. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.

Textual Amendments

F369 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F370 4 U.K. If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units as provided in Article 75, paragraph 5.

Textual Amendments

F370 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F371 5 U.K. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.

Textual Amendments

F371 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F372 Article 78— U.K. Evacuation of children

Textual Amendments

F372 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F373 1 U.K. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found, their written consent to such evacuation is required. If these persons cannot be found, the written consent to such evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation.

Textual Amendments

F373 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F374 2 U.K. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity.

Textual Amendments

F374 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F375 3 U.K. With a view to facilitating the return to their families and country of children evacuated pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the receiving country shall establish for each child a card with photographs, which they shall send to the Central Tracing Agency of the International Committee of the Red Cross. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information:

(a) surname(s) of the child;

(b) the child’s first name(s);

(c) the child’s sex;

(d) the place and date of birth (or, if that date is not known, the approximate age);

(e) the father’s full name;

(f) the mother’s full name and her maiden name;

(g) the child’s next-of-kin;

(h) the child’s nationality;

(i) the child’s native language, and any other languages he speaks;

(j) the address of the child’s family;

(k) any identification number for the child;

(l) the child’s state of health;

(m) the child’s blood group;

(n) any distinguishing features;

(o) the date on which and the place where the child was found;

(p) the date on which and the place from which the child left the country;

(q) the child’s religion, if any;

(r) the child’s present address in the receiving country;

(s) should the child die before his return, the date, place and circumstances of death and place of interment.

Textual Amendments

F375 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F376 CHAPTER III— U.K. JOURNALISTS

Textual Amendments

F376 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F377 Article 79— U.K. Measures of protection for journalists

Textual Amendments

F377 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F378 1 U.K. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.

Textual Amendments

F378 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F379 2 U.K. They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4A(4) of the Third Convention.

Textual Amendments

F379 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F380 3 U.K. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.

Textual Amendments

F380 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F381 PART V U.K. Execution of the Conventions and of this Protocol

Textual Amendments

F381 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F382 SECTION I— U.K. GENERAL PROVISIONS

Textual Amendments

F382 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F383 Article 80— U.K. Measures for execution

Textual Amendments

F383 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F384 1 U.K. The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol.

Textual Amendments

F384 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F385 2 U.K. The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution.

Textual Amendments

F385 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F386 Article 81— U.K. Activities of the Red Cross and other humanitarian organisations

Textual Amendments

F386 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F387 1 U.K. The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned.

Textual Amendments

F387 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F388 2 U.K. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organisations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.

Textual Amendments

F388 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F389 3 U.K. The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the assistance which Red Cross (Red Crescent, Red Lion and Sun) organisations and the League of Red Cross Societies extend to the victims of conflicts in accordance with the provisions of the Conventions and this Protocol and with the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.

Textual Amendments

F389 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F390 4 U.K. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organisations referred to in the Conventions and this Protocol which are duly authorised by the respective Parties to the conflict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol.

Textual Amendments

F390 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F391 Article 82— U.K. Legal advisers in armed forces

Textual Amendments

F391 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject.

F392 Article 83— U.K. Dissemination

Textual Amendments

F392 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F393 1 U.K. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population.

Textual Amendments

F393 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F394 2 U.K. Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.

Textual Amendments

F394 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F395 Article 84— U.K. Rules of application

Textual Amendments

F395 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application.

F396 SECTION II— U.K. REPRESSION OF BREACHES OF THE CONVENTIONS AND OF THIS PROTOCOL

Textual Amendments

F396 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F397 Article 85— U.K. Repression of breaches of this Protocol

Textual Amendments

F397 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F398 1 U.K. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.

Textual Amendments

F398 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F399 2 U.K. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol.

Textual Amendments

F399 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F400 3 U.K. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health:

(a) making the civilian population or individual civilians the object of attack;

(b) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2(a)(iii);

(c) launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2(a)(iii);

(d) making non-defended localities and demilitarised zones the object of attack;

(e) making a person the object of attack in the knowledge that he ishors de combat;

(f) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognised by the Conventions or this Protocol.

Textual Amendments

F400 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F401 4 U.K. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:

(a) the transfer by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention;

(b) unjustifiable delay in the repatriation of prisoners of war or civilians;

(c) practices ofapartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination;

(d) making the clearly recognised historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organisation, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, sub-paragraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives;

(e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial.

Textual Amendments

F401 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F402 5 U.K. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

Textual Amendments

F402 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F403 Article 86— U.K. Failure to act

Textual Amendments

F403 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F404 1 U.K. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.

Textual Amendments

F404 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F405 2 U.K. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.

Textual Amendments

F405 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F406 Article 87— U.K. Duty of commanders

Textual Amendments

F406 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F407 1 U.K. The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol.

Textual Amendments

F407 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F408 2 U.K. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol.

Textual Amendments

F408 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F409 3 U.K. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action against violators thereof.

Textual Amendments

F409 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F410 Article 88— U.K. Mutual assistance in criminal matters

Textual Amendments

F410 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F411 1 U.K. The High Contracting Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.

Textual Amendments

F411 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F412 2 U.K. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in the matter of extradition. They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.

Textual Amendments

F412 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F413 3 U.K. The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal matters.

Textual Amendments

F413 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F414 Article 89— U.K. Co-operation

Textual Amendments

F414 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act, jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter.

F415 Article 90— U.K. International Fact-Finding Commission

Textual Amendments

F415 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F416 1 (a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of fifteen members of high moral standing and acknowledged impartiality shall be established. U.K.

(b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which each of those High Contracting Parties may nominate one person.

(c) The members of the Commission shall serve in their personal capacity and shall hold office until the election of new members at the ensuing meeting.

(d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured.

(e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding sub-paragraphs.

(f) The depositary shall make available to the Commission the necessary administrative facilities for the performance of its functions.

Textual Amendments

F416 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F417 2 (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recogniseipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to enquire into allegations by such other Party, as authorised by this Article. U.K.

(b) The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties.

(c) The Commission shall be competent to:

(i) enquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol;

(ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol.

(d) In other situations, the Commission shall institute an enquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned.

(e) Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 of the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol.

Textual Amendments

F417 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F418 3 (a) Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken by a Chamber consisting of seven members appointed as follows: U.K.

(i) five members of the Commission, not nationals of any Party to the conflict, appointed by the President of the Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to the conflict;

(ii) twoad hoc members, not nationals of any Party to the conflict, one to be appointed by each side.

(b) Upon receipt of the request for an enquiry, the President of the Commission shall specify an appropriate time-limit for setting up a Chamber. If anyad hoc member has not been appointed within the time-limit, the President shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber.

Textual Amendments

F418 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F419 4 (a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties to the conflict to assist it and to present evidence. The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situationin loco. U.K.

(b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission.

(c) Each Party shall have the right to challenge such evidence.

Textual Amendments

F419 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F420 5 (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate. U.K.

(b) If the Chamber is unable to secure sufficient evidence for factual and impartial findings, the Commission shall state the reasons for that inability.

(c) The Commission shall not report its findings publicly, unless all the Parties to the conflict have requested the Commission to do so.

Textual Amendments

F420 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F421 6 U.K. The Commission shall establish its own rules, including rules for the presidency of the Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an enquiry, they are exercised by a person who is not a national of a Party to the conflict.

Textual Amendments

F421 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F422 7 U.K. The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an enquiry shall advance the necessary funds for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations are made to the extent of fifty per cent of the costs of the Chamber. Where there are counter-allegations before the Chamber each side shall advance fifty per cent of the necessary funds.

Textual Amendments

F422 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F423 Article 91— U.K. Responsibility

Textual Amendments

F423 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

F424 PART VI U.K. Final Provisions

Textual Amendments

F424 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F425 Article 92— U.K. Signature

Textual Amendments

F425 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.

F426 Article 93— U.K. Ratification

Textual Amendments

F426 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.

F427 Article 94— U.K. Accession

Textual Amendments

F427 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.

F428 Article 95— U.K. Entry into force

Textual Amendments

F428 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F429 1 U.K. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

Textual Amendments

F429 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F430 2 U.K. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.

Textual Amendments

F430 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F431 Article 96— U.K. Treaty relations upon entry into force of this Protocol

Textual Amendments

F431 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

1 U.K. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

Extent Information

E1 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F432 2 U.K. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof.

Textual Amendments

F432 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F433 3 U.K. The authority representing a people engaged against a High Contracting Party in an armed conflict of the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions and this Protocol in relation to that conflict by means of a unilateral declaration addressed to the depositary. Such declaration shall, upon its receipt by the depositary, have in relation to that conflict the following effects:

(a) the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with immediate effect;

(b) the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Conventions and this Protocol; and

(c) the Conventions and this Protocol are equally binding upon all Parties to the conflict.

Textual Amendments

F433 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F434 Article 97— U.K. Amendment

Textual Amendments

F434 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F435 1 U.K. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.

Textual Amendments

F435 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F436 2 U.K. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol.

Textual Amendments

F436 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F437 Article 98— U.K. Revision of Annex I

Textual Amendments

F437 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F438 1 U.K. Not later than four years after the entry into force of this Protocol and thereafter at intervals of not less than four years, the International Committee of the Red Cross shall consult the High Contracting Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex I and to propose such amendments to it as may appear to be desirable. Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organisations. Such a meeting shall also be convened by the International Committee of the Red Cross at any time at the request of one third of the High Contracting Parties.

Textual Amendments

F438 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F439 2 U.K. The depositary shall convene a conference of the High Contracting Parties and the Parties to the Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the International Committee of the Red Cross or one third of the High Contracting Parties so request.

Textual Amendments

F439 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F440 3 U.K. Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting.

Textual Amendments

F440 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F441 4 U.K. The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. The amendment shall be considered to have been accepted at the end of a period of one year after it has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been communicated to the depositary by not less than one third of the High Contracting Parties.

Textual Amendments

F441 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F442 5 U.K. An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months after its acceptance for all High Contracting Parties other than those which have made a declaration of non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and the amendment shall then enter into force for that Party three months thereafter.

Textual Amendments

F442 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F443 6 U.K. The depositary shall notify the High Contracting Parties and the Parties to the Conventions of the entry into force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.

Textual Amendments

F443 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F444 Article 99— U.K. Denunciation

Textual Amendments

F444 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F445 1 U.K. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in one of the situations referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case, before operations connected with the final release, repatriation or re-establishment of the persons protected by the Conventions or this Protocol have been terminated.

Textual Amendments

F445 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F446 2 U.K. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.

Textual Amendments

F446 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F447 3 U.K. The denunciation shall have effect only in respect of the denouncing Party.

Textual Amendments

F447 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F448 4 U.K. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective.

Textual Amendments

F448 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F449 Article 100— U.K. Notifications

Textual Amendments

F449 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:

(a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93 and 94;

(b) the date of entry into force of this Protocol under Article 95;

(c) communications and declarations received under Articles 84, 90 and 97;

(d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and

(e) denunciations under Article 99.

F450 Article 101— U.K. Registration

Textual Amendments

F450 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F451 1 U.K. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

Textual Amendments

F451 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F452 2 U.K. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.

Textual Amendments

F452 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F453 Article 102— U.K. Authentic texts

Textual Amendments

F453 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.

F454 ANNEX I U.K.

Textual Amendments

F454 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

[Note: the following text includes amendments to Annex I made under Article 98 of the Protocol which entered into force on 1st March 1994]

F455 REGULATIONS CONCERNING IDENTIFICATION U.K.

Textual Amendments

F455 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F456 Article 1— U.K. General provisions

Textual Amendments

F456 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F457 1 U.K. The regulations concerning identification in this Annex implement the relevant provisions of the Geneva Conventions and the Protocol; they are intended to facilitate the identification of personnel, material, units, transports and installations protected under the Geneva Conventions and the Protocol.

Textual Amendments

F457 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F458 2 U.K. These rules do not in and of themselves establish the right to protection. This right is governed by the relevant articles in the Conventions and the Protocol.

Textual Amendments

F458 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F459 3 U.K. The competent authorities may, subject to the relevant provisions of the Geneva Conventions and the Protocol, at all times regulate the use, display, illumination and detectability of the distinctive emblems and signals.

Textual Amendments

F459 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F460 4 U.K. The High Contracting Parties and in particular the Parties to the conflict are invited at all times to agree upon additional or other signals, means or systems which enhance the possibility of identification and take full advantage of technological developments in this field.

Textual Amendments

F460 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F461 CHAPTER I— U.K. IDENTITY CARDS

Textual Amendments

F461 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F462 Article 2— U.K. Identity card for permanent civilian medical and religious personnel

Textual Amendments

F462 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F463 1 U.K. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3, of the Protocol should:

(a) bear the distinctive emblem and be of such size that it can be carried in the pocket;

(b) be as durable as practicable;

(c) be worded in the national or official language and, in addition and when appropriate, in the local language of the region concerned;

(d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the identity number, if any, of the holder;

(e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;

(f) bear the photograph of the holder as well as his signature or his thumbprint, or both;

(g) bear the stamp and signature of the competent authority;

(h) state the date of issue and date of expiry of the card;

(i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.

Textual Amendments

F463 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F464 2 U.K. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen of the model they are using, if such model differs from that shown in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards which it has issued.

Textual Amendments

F464 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F465 3 U.K. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.

Textual Amendments

F465 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F466 Article 3— U.K. Identity card for temporary civilian medical and religious personnel

Textual Amendments

F466 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F467 1 U.K. The identity card for temporary civilian medical and religious personnel should, whenever possible, be similar to that provided for in Article 1 of these Regulations. The Parties to the conflict may be guided by the model shown in Figure 1.

Textual Amendments

F467 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F468 2 U.K. When circumstances preclude the provision to temporary civilian medical and religious personnel of identity cards similar to those described in Article 2 of these Regulations, the said personnel may be provided with a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive emblem. The certificate should mention the holder’s name and date of birth (or if that is not available, his age at the time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his thumbprint, or both.

Fig. 1: Model of identity card (format: 74 mm× 105 mm)

Textual Amendments

F468 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F469 CHAPTER II— U.K. THE DISTINCTIVE EMBLEM

Textual Amendments

F469 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F470 Article 4— U.K. Shape

Textual Amendments

F470 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting Parties may be guided by the models shown in Figure 2.

Fig. 2: Distinctive emblems in red on a white ground

F471 Article 5— U.K. Use

Textual Amendments

F471 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F472 1 U.K. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or in any other way appropriate to the lay of the land, so that it is visible from as many directions and from as far away as possible, and in particular from the air.

Textual Amendments

F472 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F473 2 U.K. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated.

Textual Amendments

F473 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F474 3 U.K. The distinctive emblem may be made of materials which make it recognisable by technical means of detecting. The red parts should be painted on top of black primer paint in order to facilitate its identification, in particular by infrared instruments.

Textual Amendments

F474 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F475 4 U.K. Medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear headgear and clothing bearing the distinctive emblem.

Textual Amendments

F475 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F476 CHAPTER III— U.K. DISTINCTIVE SIGNALS

Textual Amendments

F476 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F477 Article 6— U.K. Use

Textual Amendments

F477 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F478 1 U.K. All distinctive signals specified in this Chapter may be used by medical units or transports.

Textual Amendments

F478 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F479 2 U.K. These signals, at the exclusive disposal of medical units and transports, shall not be used for any other purpose, the use of the light signal being reserved (see paragraph 3 below).

Textual Amendments

F479 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F480 3 U.K. In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue lights for the identification of medical vehicles, ships and craft, the use of such signals for other vehicles, ships and craft is not prohibited.

Textual Amendments

F480 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F481 4 U.K. Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorised in this Chapter.

Textual Amendments

F481 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F482 Article 7— U.K. Light signal

Textual Amendments

F482 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F483 1 U.K. The light signal, consisting of a flashing blue light as defined in the Airworthiness Technical Manual of the International Civil Aviation Organisation (ICAO) Doc. 9051, is established for the use of medical aircraft to signal their identity. No other aircraft shall use this signal. Medical aircraft using the flashing blue light should exhibit such lights as may be necessary to make the light signal visible from as many directions as possible.

Textual Amendments

F483 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F484 2 U.K. In accordance with the provisions of Chapter XIV, para. 4 of the International Maritime Organisation (IMO) International Code of Signals, vessels protected by the Geneva Conventions of 1949 and the Protocol should exhibit one or more flashing blue lights visible from any direction.

Textual Amendments

F484 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F485 3 U.K. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as possible. The High Contracting Parties and, in particular, the Parties to the conflict which use lights of other colours should give notification of this.

Textual Amendments

F485 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F486 4 U.K. The recommended blue colour is obtained when its chromaticity is within the boundaries of the International Commission on Illumination (ICI) chromaticity diagram defined by the following equations:

green boundary	y = 0.065 + 0.805 x;
white boundary	y = 0.400 a x;
purple boundary	x = 0.133 + 0.600 y.

The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute.

Textual Amendments

F486 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F487 Article 8— U.K. Radio signal

Textual Amendments

F487 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F488 1 U.K. The radio signal shall consist of the urgency signal and the distinctive signal as described in the International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40).

Textual Amendments

F488 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F489 2 U.K. The radio message preceded by the urgency and distinctive signals mentioned in paragraph 1 shall be transmitted in English at appropriate intervals on a frequency or frequencies specified for this purpose in the Radio Regulations, and shall convey the following data relating to the medical transports concerned:

(a) call sign or other recognised means of identification;

(b) position;

(c) number and type of vehicles;

(d) intended route;

(e) estimated timeen route and of departure and arrival, as appropriate;

(f) any other information, such as flight altitude, guarded radio frequencies, languages used and secondary surveillance radar modes and codes.

Textual Amendments

F489 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F490 3 U.K. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to the International Telecommunication Convention, and publish selected national frequencies to be used by them for such communications. The International Telecommunication Union shall be notified of these frequencies in accordance with procedures approved by a World Administrative Radio Conference.

Textual Amendments

F490 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F491 Article 9— U.K. Electronic identification

Textual Amendments

F491 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F492 1 U.K. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organisation.

Textual Amendments

F492 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F493 2 U.K. Protected medical transports may, for their identification and location, use standard aeronautical radar transponders and/or maritime search and rescue radar transponders.

It should be possible for protected medical transports to be identified by other vessels or aircraft equipped with secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the medical transports.

The code transmitted by the medical transport transponder should be assigned to that transport by the competent authorities and notified to all the Parties to the conflict.

Textual Amendments

F493 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F494 3 U.K. It should be possible for medical transports to be identified by submarines by the appropriate underwater acoustic signals transmitted by the medical transports.

The underwater acoustic signal shall consist of the call sign (or any other recognised means of identification of medical transport) of the ship preceded by the single group YYY transmitted in morse on an appropriate acoustic frequency, e.g. 5kHz.

Parties to a conflict wishing to use the underwater acoustic identification signal described above shall inform the Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm the frequency to be employed.

Textual Amendments

F494 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F495 4 U.K. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic system for the identification of medical vehicles, and medical ships and craft.

Textual Amendments

F495 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F496 CHAPTER IV— U.K. COMMUNICATIONS

Textual Amendments

F496 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F497 Article 10— U.K. Radiocommunications

Textual Amendments

F497 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F498 1 U.K. The urgency signal and the distinctive signal provided for in Article 8 may precede appropriate radiocommunications by medical units and transports in the application of the procedures carried out under Articles 22, 23 and 25 to 31 of the Protocol.

Textual Amendments

F498 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F499 2 U.K. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Section III, No. 3214) of the ITU Radio Regulations may also transmit their communications by satellite systems, in accordance with the provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite Services.

Textual Amendments

F499 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F500 Article 11— U.K. Use of international codes

Textual Amendments

F500 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Medical units and transports may also use the codes and signals laid down by the International Telecommunication Union, the International Civil Aviation Organisation and the International Maritime Organisation. These codes and signals shall be used in accordance with the standards, practices and procedures established by these Organisations.

F501 Article 12— U.K. Other means of communication

Textual Amendments

F501 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

When two-way radiocommunication is not possible, the signals provided for in the International Code of Signals adopted by the International Maritime Organisation or in the appropriate Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used.

F502 Article 13— U.K. Flight plans

Textual Amendments

F502 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organisation.

F503 Article 14— U.K. Signals and procedures for the interception of medical aircraft.

Textual Amendments

F503 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting and the medical aircraft.

F504 CHAPTER V— U.K. CIVIL DEFENCE

Textual Amendments

F504 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F505 Article 15— U.K. Identity card

Textual Amendments

F505 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F506 1 U.K. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is governed by the relevant provisions of Article 2 of these Regulations.

Textual Amendments

F506 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F507 2 U.K. The identity card for civil defence personnel may follow the model shown in Figure 3.

Textual Amendments

F507 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F508 3 U.K. If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned.

Textual Amendments

F508 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F509 3 U.K. If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned.

Fig. 3: Model of identity card for civil defence personnel (format: 74 mm× 105 mm)

Textual Amendments

F509 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F510 Article 16— U.K. International distinctive sign

Textual Amendments

F510 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F511 1 U.K. The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4:

Fig. 4: Blue triangle on an orange ground

Textual Amendments

F511 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F512 2 U.K. It is recommended that:

(a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange flag, armlet or tabard;

(b) one of the angles of the triangle be pointed vertically upwards;

(c) no angle of the triangle touch the edge of the orange ground.

Textual Amendments

F512 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F513 3 U.K. The international distinctive sign shall be as large as appropriate under the circumstances. The distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it may also be made of materials rendering it recognisable by technical means of detection.

Textual Amendments

F513 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F514 CHAPTER VI— U.K. WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES

Textual Amendments

F514 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F515 Article 17— U.K. International special sign

Textual Amendments

F515 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F516 1 U.K. The international special sign for works and installations containing dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below.

Textual Amendments

F516 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F517 2 U.K. The sign shall be as large as appropriate under the circumstances.

When displayed over an extended surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat surfaces or on flags so as to be visible from as many directions and from as far away as possible.

Textual Amendments

F517 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F518 3 U.K. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one radius of a circle. The flag shall be rectangular and shall have a white ground.

Textual Amendments

F518 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F519 4 U.K. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials rendering it recognisable by technical means of detection.

Fig. 5: International special sign for works and installations containing dangerous forces

Textual Amendments

F519 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F520 ANNEX II U.K. Identity Card for Journalists on Dangerous Professional Missions

Textual Amendments

F520 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

FRONT

REVERSE SIDE]

F521 SIXTH SCHEDULE U.K. PROTOCOL II

Textual Amendments

F521 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F522 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) U.K.

Textual Amendments

F522 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Preamble

The High Contracting Parties,

Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of armed conflict not of an international character,

Recalling furthermore that international instruments relating to human rights offer a basic protection to the human person,

Emphasising the need to ensure a better protection for the victims of those armed conflicts,

Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience,

Have agreed on the following:

F523 PART I U.K. Scope of this Protocol

Textual Amendments

F523 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F524 Article 1— U.K. Material field of application

Textual Amendments

F524 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F525 1 U.K. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organised armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol.

Textual Amendments

F525 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F526 2 U.K. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.

Textual Amendments

F526 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F527 Article 2— U.K. Personal field of application

Textual Amendments

F527 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F528 1 U.K. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as defined in Article 1.

Textual Amendments

F528 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F529 2 U.K. At the end of the armed conflict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty.

Textual Amendments

F529 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F530 Article 3— U.K. Non-intervention

Textual Amendments

F530 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F531 1 U.K. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

Textual Amendments

F531 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F532 2 U.K. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

Textual Amendments

F532 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F533 PART II U.K. Humane Treatment

Textual Amendments

F533 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F534 Article 4— U.K. Fundamental guarantees

Textual Amendments

F534 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F535 1 U.K. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.

Textual Amendments

F535 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F536 2 U.K. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:

(a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

(b) collective punishments;

(c) taking of hostages;

(d) acts of terrorism;

(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;

(f) slavery and the slave trade in all their forms;

(g) pillage;

(h) threats to commit any of the foregoing acts.

Textual Amendments

F536 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F537 3 U.K. Children shall be provided with the care and aid they require, and in particular:

(a) they shall receive an education, including religious and moral education, in keeping with the wishes of their parents or, in the absence of parents, of those responsible for their care;

(b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated;

(c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities;

(d) the special protection provided by this Article to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the provisions of sub-paragraph (c) and are captured;

(e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being.

Textual Amendments

F537 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F538 Article 5— U.K. Persons whose liberty has been restricted

Textual Amendments

F538 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F539 1 U.K. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained:

(a) the wounded and the sick shall be treated in accordance with Article 7;

(b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conflict;

(c) they shall be allowed to receive individual or collective relief;

(d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions;

(e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the local civilian population.

Textual Amendments

F539 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F540 2 U.K. Those who are responsible for the internment or detention of the persons referred to in paragraph 1 shall also, within the limits of their capabilities, respect the following provisions relating to such persons:

(a) except when men and women of a family are accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women;

(b) they shall be allowed to send and receive letters and cards, the number of which may be limited by competent authority if it deems necessary;

(c) places of internment and detention shall not be located close to the combat zone. The persons referred to in paragraph 1 shall be evacuated when the places where they are interned or detained become particularly exposed to danger arising out of the armed conflict, if their evacuation can be carried out under adequate conditions of safety;

(d) they shall have the benefit of medical examinations;

(e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned, and which is not consistent with the generally accepted medical standards applied to free persons under similar medical circumstances.

Textual Amendments

F540 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F541 3 U.K. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with Article 4 and with paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.

Textual Amendments

F541 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F542 4 U.K. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding.

Textual Amendments

F542 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F543 Article 6— U.K. Penal prosecutions

Textual Amendments

F543 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F544 1 U.K. This Article applies to the prosecution and punishment of criminal offences related to the armed conflict.

Textual Amendments

F544 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F545 2 U.K. No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality. In particular:

(a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;

(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;

(c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;

(d) anyone charged with an offence is presumed innocent until proved guilty according to law;

(e) anyone charged with an offence shall have the right to be tried in his presence;

(f) no one shall be compelled to testify against himself or to confess guilt.

Textual Amendments

F545 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F546 3 U.K. A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised.

Textual Amendments

F546 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F547 4 U.K. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children.

Textual Amendments

F547 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F548 5 U.K. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.

Textual Amendments

F548 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F549 PART III U.K. Wounded, Sick and Shipwrecked

Textual Amendments

F549 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F550 Article 7— U.K. Protection and care

Textual Amendments

F550 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F551 1 U.K. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected.

Textual Amendments

F551 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F552 2 U.K. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.

Textual Amendments

F552 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F553 Article 8— U.K. Search

Textual Amendments

F553 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.

F554 Article 9— U.K. Protection of medical and religious personnel

Textual Amendments

F554 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F555 1 U.K. Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

Textual Amendments

F555 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F556 2 U.K. In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds.

Textual Amendments

F556 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F557 Article 10— U.K. General protection of medical duties

Textual Amendments

F557 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F558 1 U.K. Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

Textual Amendments

F558 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F559 2 U.K. Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol.

Textual Amendments

F559 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F560 3 U.K. The professional obligations of persons engaged in medical activities regarding information which they may acquire concerning the wounded and sick under their care shall, subject to national law, be respected.

Textual Amendments

F560 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F561 4 U.K. Subject to national law, no person engaged in medical activities may be penalised in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care.

Textual Amendments

F561 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F562 Article 11— U.K. Protection of medical units and transports

Textual Amendments

F562 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F563 1 U.K. Medical units and transports shall be respected and protected at all times and shall not be the object of attack.

Textual Amendments

F563 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F564 2 U.K. The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

Textual Amendments

F564 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F565 Article 12— U.K. The distinctive emblem

Textual Amendments

F565 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical transports. It shall be respected in all circumstances. It shall not be used improperly.

F566 PART IV U.K. Civilian Population

Textual Amendments

F566 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F567 Article 13— U.K. Protection of the civilian population

Textual Amendments

F567 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F568 1 U.K. The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances.

Textual Amendments

F568 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F569 2 U.K. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

Textual Amendments

F569 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F570 3 U.K. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities.

Textual Amendments

F570 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F571 Article 14— U.K. Protection of objects indispensable to the survival of the civilian population

Textual Amendments

F571 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.

F572 Article 15— U.K. Protection of works and installations containing dangerous forces

Textual Amendments

F572 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.

F573 Article 16— U.K. Protection of cultural objects and of places of worship

Textual Amendments

F573 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.

F574 Article 17— U.K. Prohibition of forced movement of civilians

Textual Amendments

F574 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F575 1 U.K. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.

Textual Amendments

F575 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F576 2 U.K. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.

Textual Amendments

F576 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F577 Article 18— U.K. Relief societies and relief actions

Textual Amendments

F577 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F578 1 U.K. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organisations, may offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.

Textual Amendments

F578 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F579 2 U.K. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.

Textual Amendments

F579 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F580 PART V U.K. Final Provisions

Textual Amendments

F580 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F581 Article 19— U.K. Dissemination

Textual Amendments

F581 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be disseminated as widely as possible.

F582 Article 20— U.K. Signature

Textual Amendments

F582 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.

F583 Article 21— U.K. Ratification

Textual Amendments

F583 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.

F584 Article 22— U.K. Accession

Textual Amendments

F584 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.

F585 Article 23— U.K. Entry into force

Textual Amendments

F585 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F586 1 U.K. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

Textual Amendments

F586 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F587 2 U.K. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.

Textual Amendments

F587 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F588 Article 24— U.K. Amendment

Textual Amendments

F588 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F589 1 U.K. Any High Contracting Party may propose amendments to this Protocol.

The text of any proposed amendment shall be communicated to the depositary which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.

Textual Amendments

F589 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F590 2 U.K. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol.

Textual Amendments

F590 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F591 Article 25— U.K. Denunciation

Textual Amendments

F591 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F592 1 U.K. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six months after receipt of the instrument of denunciation. If, however, on the expiry of six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release.

Textual Amendments

F592 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F593 2 U.K. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.

Textual Amendments

F593 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F594 Article 26— U.K. Notifications

Textual Amendments

F594 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:

(a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21 and 22;

(b) the date of entry into force of this Protocol under Article 23; and

(c) communications and declarations received under Article 24.

F595 Article 27— U.K. Registration

Textual Amendments

F595 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F596 1 U.K. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

Textual Amendments

F596 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F597 2 U.K. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions received by it with respect to this Protocol.

Textual Amendments

F597 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F598 Article 28— U.K. Authentic texts

Textual Amendments

F598 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.