- 2 –(GENEVA CONVENTION IV)The application of the preceding provisions shallnot affect the legal status of the Parties to theconflict.
Persons protected by the Convention are thosewho, at a given moment and in any mannerwhatsoever, find themselves, in case of a conflictor occupation, in the hands of a Party to theconflict or Occupying Power of which they arenot nationals.Nationals of a State which is not bound by theConvention are not protected by it. Nationals of aneutral State who find themselves in the territoryof a belligerent State, and nationals of a co-belligerent State, shall not be regarded asprotected persons while the State of which theyare nationals has normal diplomatic representationin the State in whose hands they are.The provisions of Part II are, however, wider inapplication, as defined in Article 13.Persons protected by the Geneva Convention forthe Amelioration of the Condition of theWounded and Sick in Armed Forces in the Fieldof 12 August 1949, or by the Geneva Conventionfor the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by theGeneva Convention relative to the Treatment of Prisoners of War of 12 August 1949, shall not beconsidered as protected persons within themeaning of the present Convention.
Where in the territory of a Party to the conflict,the latter is satisfied that an individual protectedperson is definitely suspected of or engaged inactivities hostile to the security of the State, suchindividual person shall not be entitled to claimsuch rights and privileges under the presentConvention as would, if exercised in the favour of such individual person, be prejudicial to thesecurity of such State.Where in occupied territory an individualprotected person is detained as a spy or saboteur,or as a person under definite suspicion of activityhostile to the security of the Occupying Power,such person shall, in those cases where absolutemilitary security so requires, be regarded ashaving forfeited rights of communication underthe present Convention.In each case, such persons shall nevertheless betreated with humanity and, in case of trial, shallnot be deprived of the rights of fair and regulartrial prescribed by the present Convention. Theyshall also be granted the full rights and privilegesof a protected person under the presentConvention at the earliest date consistent with thesecurity of the State or Occupying Power, as thecase may be.
The present Convention shall apply from theoutset of any conflict or occupation mentioned inArticle 2.In the territory of Parties to the conflict, theapplication of the present Convention shall ceaseon the general close of military operations.In the case of occupied territory, the application of the present Convention shall cease one year afterthe general close of military operations; however,the Occupying Power shall be bound, for theduration of the occupation, to the extent that suchPower exercises the functions of government insuch territory, by the provisions of the followingArticles of the present Convention: 1 to 12, 27, 29to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.Protected persons whose release, repatriation orre-establishment may take place after such datesshall meanwhile continue to benefit by the presentConvention.
In addition to the agreements expressly providedfor in Articles 11, 14, 15, 17, 36, 108, 109, 132,133 and 149, the High Contracting Parties mayconclude other special agreements for all mattersconcerning which they may deem it suitable tomake separate provision. No special agreementshall adversely affect the situation of protectedpersons, as defined by the present Convention, notrestrict the rights which it confers upon them.Protected persons shall continue to have thebenefit of such agreements as long as theConvention is applicable to them, except whereexpress provisions to the contrary are contained inthe aforesaid or in subsequent agreements, orwhere more favourable measures have been takenwith regard to them by one or other of the Partiesto the conflict.