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Third Geneva Convention 1949

Third Geneva Convention 1949

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Published by: shakti ranjan mohanty on Aug 14, 2011
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third geneva convention 1949
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on ul! 2", 1929, relative to the Treatment of Prisoners of #ar, have agreed as follo$s%Part &' General Provisions Art 1' The (igh Contracting Parties underta)e to respect and to ensure respect for the present Convention in all circumstances' Art 2' &n addition to the provisions $hich shall be implemented in peace time, the present Convention shall appl! to all cases of declared $ar or of an! other armed conflict $hich ma! arise bet$een t$o or more of the (igh Contracting Parties, even if the state of $ar is not recogni*ed b! one of them'The Convention shall also appl! to all cases of partial or total occupation of the territor! of a (igh Contracting Part!, even if the said occupation meets $ith no armed resistance' Although one of the Po$ers in conflict ma! not be a part! to the present Convention, the Po$ers $ho are parties thereto shall remain bound b! it in their mutual relations' The! shall furthermore be bound b! the Convention in relation to the said Po$er, if the latter accepts and applies the provisions thereof' Art +' &n the case of armed conflict not of an international character occurring in the territor! of one of the (igh Contracting Parties, each Part! to the conflict shall be bound to appl!, as a minimum, the follo$ingprovisions% 1- Persons ta)ing no active part in the hostilities, including members of armed forces $ho have laid do$n their arms and those placed hors de combat b! sic)ness, $ounds, detention, or an! other cause, shall in all circumstances be treated humanel!, $ithout an! adverse distinction founded on race, colour, religion or faith, se., birth or $ealth, or an! other similar criteria' To this end the follo$ing acts are and shall remain prohibited at an! time and in an! place $hatsoever $ith respect to the above/mentioned persons%a- violence to life and person, in particular murder of all )inds, mutilation, cruel treatment and torture0b- ta)ing of hostages0c- outrages upon personal dignit!, in particular, humiliating and degrading treatment0d- the passing of sentences and the carr!ing out of e.ecutions $ithout previous udgment pronounced b! a regularl! constituted court affording all the udicial guarantees $hich are recogni*ed as indispensable b! civili*ed peoples'2- The $ounded and sic) shall be collected and cared for'  An impartial humanitarian bod!, such as the &nternational Committee of the ed Cross, ma! offer its services to the Parties to the conflict'The Parties to the conflict should further endeavour to bring into force, b! means of special agreements, all or part of the other provisions of the present Convention'
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict' Art 4' A' Prisoners of $ar, in the sense of the present Convention, are persons belonging to one of the follo$ing categories, $ho have fallen into the po$er of the enem!% 1- 3embers of the armed forces of a Part! to the conflict, as $ell as members of militias or volunteer corps forming part of such armed forces'2- 3embers of other militias and members of other volunteer corps, including those of organi*ed resistance movements, belonging to a Part! to the conflict and operating in or outside their o$n territor!, even if this territor! is occupied, provided that such militias or volunteer corps, including such organi*ed resistance movements, fulfil the follo$ing conditions%a- that of being commanded b! a person responsible for his subordinates0b- that of having a fi.ed distinctive sign recogni*able at a distance0c- that of carr!ing arms openl!0d- that of conducting their operations in accordance $ith the la$s and customs of $ar'+- 3embers of regular armed forces $ho profess allegiance to a government or an authorit! not recogni*ed b! the Detaining Po$er'4- Persons $ho accompan! the armed forces $ithout actuall! being members thereof, such as civilian members of militar! aircraft cre$s, $ar correspondents, suppl! contractors, members of labour units or of services responsible for the $elfare of the armed forces, provided that the! have received authori*ation, from the armed forces $hich the! accompan!, $ho shall provide them for that purpose $ith an identit! card similar to the anne.ed model'5- 3embers of cre$s, including masters, pilots and apprentices, of the merchant marine and the cre$s of civil aircraft of the Parties to the conflict, $ho do not benefit b! more favourable treatment under an! other provisions of international la$'6- &nhabitants of a non/occupied territor!, $ho on the approach of the enem! spontaneousl! ta)e up arms to resist the invading forces, $ithout having had time to form themselves into regular armed units, provided the! carr! arms openl! and respect the la$s and customs of $ar' 7' The follo$ing shall li)e$ise be treated as prisoners of $ar under the present Convention% 1- Persons belonging, or having belonged, to the armed forces of the occupied countr!, if the occup!ing Po$er considers it necessar! b! reason of such allegiance to intern them, even though it has originall! liberated them $hile hostilities $ere going on outside the territor! it occupies, in particular $here such persons have made an unsuccessful attempt to reoin the armed forces to $hich the! belong and $hich are engaged in combat, or $here the! fail to compl! $ith a summons made to them $ith a vie$ to internment'2- The persons belonging to one of the categories enumerated in the present Article, $ho have been received b! neutral or non/belligerent Po$ers on their territor! and $hom these Po$ers are re8uired to intern under international la$, $ithout preudice to an! more favourable treatment $hich these Po$ers ma! choose to give and $ith the e.ception of Articles , 1:, 15, +:, fifth paragraph, 5/6", 92, 126 and, $here diplomatic relations e.ist bet$een the Parties to the conflict
and the neutral or non/belligerent Po$er concerned, those Articles concerning the Protecting Po$er' #here such diplomatic relations e.ist, the Parties to a conflict on $hom these persons depend shall be allo$ed to perform to$ards them the functions of a Protecting Po$er as provided in the present Convention, $ithout preudice to the functions $hich these Parties normall! e.ercise in conformit! $ith diplomatic and consular usage and treaties'C' This Article shall in no $a! affect the status of medical personnel and chaplains as provided for in Article ++ of the present Convention' Art 5' The present Convention shall appl! to the persons referred to in Article 4 from the time the! fall into the po$er of the enem! and until their final release and repatriation';hould an! doubt arise as to $hether persons, having committed a belligerent act and having fallen into the hands of the enem!, belong to an! of the categories enumerated in Article 4, such persons shall eno! the protection of the present Convention until such time as their status has been determined b! a competent tribunal' Art 6' &n addition to the agreements e.pressl! provided for in Articles 1:, 2+, 2, ++, 6:, 65, 66, 6", "2, "+, "5, 1:9, 11:, 11, 119, 122 and 1+2, the (igh Contracting Parties ma! conclude other special agreements for all matters concerning $hich the! ma! deem it suitable to ma)e separate provision' <o special agreement shall adversel! affect the situation of prisoners of $ar, as defined b! the present Convention, nor restrict the rights $hich it confers upon them'Prisoners of $ar shall continue to have the benefit of such agreements as long as the Convention is applicable to them, e.cept $here e.press provisions to the contrar! are contained in the aforesaid or in subse8uent agreements, or $here more favourable measures have been ta)en $ith regard to them b! one or other of the Parties to the conflict' Art "' Prisoners of $ar ma! in no circumstances renounce in part or in entiret! the rights secured to them b! the present Convention, and b! the special agreements referred to in the foregoing  Article, if such there be' Art ' The present Convention shall be applied $ith the cooperation and under the scrutin! of the Protecting Po$ers $hose dut! it is to safeguard the interests of the Parties to the conflict' =or this purpose, the Protecting Po$ers ma! appoint, apart from their diplomatic or consular staff, delegates from amongst their o$n nationals or the nationals of other neutral Po$ers' The said delegates shall be subect to the approval of the Po$er $ith $hich the! are to carr! out their duties'The Parties to the conflict shall facilitate to the greatest e.tent possible the tas) of the representatives or delegates of the Protecting Po$ers'The representatives or delegates of the Protecting Po$ers shall not in an! case e.ceed their mission under the present Convention' The! shall, in particular, ta)e account of the imperative necessities of securit! of the ;tate $herein the! carr! out their duties' Art 9' The provisions of the present Convention constitute no obstacle to the humanitarian activities $hich the &nternational Committee of the ed Cross or an! other impartial humanitarian

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