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Geneva, 12 Au ust 1!"!.
Preamble 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 Geneva Convention for the elief of the !ounded and "ic# in Armies in the $ield of %ul& 2', 1929, have agreed as follo(s) Chapter *+ 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 peacetime, 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(ing provisions) /10 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, se1, 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 above2mentioned persons) /a0 violence to life and person, in particular murder of all #inds, mutilation, cruel treatment and torture3 /b0 ta#ing of hostages3 /c0 outrages upon personal dignit&, in particular humiliating and degrading treatment3 /d0 the passing of sentences and the carr&ing out of e1ecutions (ithout previous 4udgement pronounced b& a regularl& constituted court, affording all the 4udicial guarantees (hich are recogni-ed as indispensable b& civili-ed peoples+ /20 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+ 5eutral Po(ers shall appl& b& analog& the provisions of the present Convention to the (ounded and sic#, 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 territor&, as (ell as to dead persons found+ Art+ 6+ $or the protected persons (ho have fallen into the hands of the enem&, the present Convention shall appl& until their final repatriation+ Art+ 7+ *n addition to the agreements e1pressl& provided for in Articles 18, 16, 2., 29, .1, .7, .' and 62, the ,igh Contracting Parties ma& conclude other special agreements for all matters concerning (hich the& ma& deem it suitable to ma#e separate provision+ 5o special agreement shall adversel& affect the situation of the (ounded and sic#, of members of the medical personnel or of chaplains, as defined b& the present Convention, nor restrict the rights (hich it confers upon them+ !ounded and sic#, as (ell as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, e1cept (here e1press provisions to the contrar& are contained in the aforesaid or in subse:uent agreements, or (here more favourable measures have been ta#en 4 (ith regard to them b& one or other of the Parties to the conflict+ Art+ '+ !ounded and sic#, as (ell as members of the medical personnel and chaplains, 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+ 9+ 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 sub4ect 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 e1tent 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 e1ceed 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+ Their activities shall onl& be restricted as an e1ceptional and temporar& measure (hen this is rendered necessar& b& imperative militar& necessities+ 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 organi-ation ma&, sub4ect to the consent of the Parties to the conflict concerned, underta#e for the protection of (ounded and sic#, medical personnel and chaplains, and for their relief+ Art+ 18+ The ,igh Contracting Parties ma& at an& time agree to entrust to an organi-ation (hich offers all guarantees of impartialit& and efficac& the duties incumbent on the Protecting Po(ers b& virtue of the present Convention+ !hen (ounded and sic#, or medical personnel and chaplains do not benefit or cease to benefit, no matter for (hat reason, b& the activities of a Protecting Po(er or of an organi-ation provided for in the first paragraph above, the Detaining Po(er shall re:uest a neutral "tate, or such an organi-ation, to underta#e the functions performed under the present Convention b& a Protecting Po(er designated b& the Parties to a conflict+ *f protection cannot be arranged accordingl&, the Detaining Po(er shall re:uest or shall accept, sub4ect to the provisions of this Article, the offer of the services of a humanitarian organi-ation, such as the *nternational Committee of the ed Cross, to assume the humanitarian functions performed b& Protecting Po(ers under the present Convention+ An& neutral Po(er, or an& organi-ation invited b& the Po(er concerned or offering itself for these purposes, shall be re:uired to act (ith a sense of responsibilit& to(ards the Part& to the conflict on (hich persons protected b& the present Convention depend, and shall be re:uired to furnish sufficient assurances that it is in a position to underta#e the appropriate functions and to discharge them impartiall&+ 5o derogation from the preceding provisions shall be made b& special agreements bet(een Po(ers one of (hich is restricted, even temporaril&, in its freedom to negotiate (ith the other Po(er or its allies b& reason of militar& events, more particularl& (here the (hole, or a substantial part, of the territor& of the said Po(er is occupied+ !henever, in the present Convention, mention is made of a Protecting Po(er, such mention also applies to substitute organi-ations in the sense of the present Article+ Art+ 11+ *n cases (here the& deem it advisable in the interest of protected persons, particularl& in cases of disagreement bet(een the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Po(ers shall lend their good offices (ith a vie( to settling the disagreement+ $or this purpose, each of the Protecting Po(ers ma&, either at the invitation of one Part& or
on its o(n initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the (ounded and sic#, members of medical personnel and chaplains, possibl& on neutral territor& suitabl& chosen+ The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose+ The Protecting Po(ers ma&, if necessar&, propose for approval b& the Parties to the conflict, a person belonging to a neutral Po(er or delegated b& the *nternational Committee of the ed Cross, (ho shall be invited to ta#e part in such a meeting Chapter **+ !ounded and "ic# Art+ 12+ ;embers of the armed forces and other persons mentioned in the follo(ing Article, (ho are (ounded or sic#, shall be respected and protected in all circumstances+ The& shall be treated humanel& and cared for b& the Part& to the conflict in (hose po(er the& ma& be, (ithout an& adverse distinction founded on se1, race, nationalit&, religion, political opinions, or an& other similar criteria+ An& attempts upon their lives, or violence to their persons, shall be strictl& prohibited3 in particular, the& shall not be murdered or e1terminated, sub4ected to torture or to biological e1periments3 the& shall not (ilfull& be left (ithout medical assistance and care, nor shall conditions e1posing them to contagion or infection be created+ <nl& urgent medical reasons (ill authori-e priorit& in the order of treatment to be administered+ !omen shall be treated (ith all consideration due to their se1+ The Part& to the conflict (hich is compelled to abandon (ounded or sic# to the enem& shall, as far as militar& considerations permit, leave (ith them a part of its medical personnel and material to assist in their care+ Art+ 1.+ The present Convention shall appl& to the (ounded and sic# belonging to the follo(ing categories) /10 ;embers 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+ /20 ;embers 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) /a0 that of being commanded b& a person responsible for his subordinates3 /b0 that of having a fi1ed distinctive sign recogni-able at a distance3 /c0 that of carr&ing arms openl&3 /d0 that of conducting their operations in accordance (ith the la(s and customs of (ar+ /.0 ;embers of regular armed forces (ho profess allegiance to a Government or an authorit&
not recogni-ed b& the Detaining Po(er+ /40 Persons (ho accompan& the armed forces (ithout actuall& being members thereof, such as civil 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&+ /60 ;embers 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 in international la(+ /70 *nhabitants of a non2occupied 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+ Art+ 14+ "ub4ect to the provisions of Article 12, the (ounded and sic# of a belligerent (ho fall into enem& hands shall be prisoners of (ar, and the provisions of international la( concerning prisoners of (ar shall appl& to them+ Art+ 16+ At all times, and particularl& after an engagement, Parties to the conflict shall, (ithout dela&, ta#e all possible measures to search for and collect the (ounded and sic#, to protect them against pillage and ill2treatment, to ensure their ade:uate care, and to search for the dead and prevent their being despoiled+ !henever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, e1change and transport of the (ounded left on the battlefield+ =i#e(ise, local arrangements ma& be concluded bet(een Parties to the conflict for the removal or e1change of (ounded and sic# from a besieged or encircled area, and for the passage of medical and religious personnel and e:uipment on their (a& to that area+ Art+ 17+ Parties to the conflict shall record as soon as possible, in respect of each (ounded, sic# or dead person of the adverse Part& falling into their hands, an& particulars (hich ma& assist in his identification+ These records should if possible include) /a0 designation of the Po(er on (hich he depends3 /b0 arm&, regimental, personal or serial number3 /c0 surname3 /d0 first name or names3 /e0 date of birth3 /f0 an& other particulars sho(n on his identit& card or disc3 /g0 date and place of capture or death3 /h0 particulars concerning (ounds or illness, or cause of death+ As soon as possible the above mentioned information shall be for(arded to the *nformation >ureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of !ar of 12 August 1949, (hich shall transmit this information to the Po(er on
(hich these persons depend through the intermediar& of the Protecting Po(er and of the Central Prisoners of !ar Agenc&+ Parties to the conflict shall prepare and for(ard to each other through the same bureau, certificates of death or dul& authenticated lists of the dead+ The& shall li#e(ise collect and for(ard through the same bureau one half of a double identit& disc, last (ills or other documents of importance to the ne1t of #in, mone& and in general all articles of an intrinsic or sentimental value, (hich are found on the dead+ These articles, together (ith unidentified articles, shall be sent in sealed pac#ets, accompanied b& statements giving all particulars necessar& for the identification of the deceased o(ners, as (ell as b& a complete list of the contents of the parcel+ Art+ 1'+ Parties to the conflict shall ensure that burial or cremation of the dead, carried out individuall& as far as circumstances permit, is preceded b& a careful e1amination, if possible b& a medical e1amination, of the bodies, (ith a vie( to confirming death, establishing identit& and enabling a report to be made+ <ne half of the double identit& disc, or the identit& disc itself if it is a single disc, should remain on the bod&+ >odies shall not be cremated e1cept for imperative reasons of h&giene or for motives based on the religion of the deceased+ *n 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+ The& shall further ensure that the dead are honourabl& interred, if possible according to the rites of the religion to (hich the& belonged, that their graves are respected, grouped if possible according to the nationalit& of the deceased, properl& maintained and mar#ed so that the& ma& al(a&s be found+ $or this purpose, the& shall organi-e at the commencement of hostilities an <fficial Graves egistration "ervice, to allo( subse:uent e1humations and to ensure the identification of bodies, (hatever the site of the graves, and the possible transportation to the home countr&+ These provisions shall li#e(ise appl& to the ashes, (hich shall be #ept b& the Graves egistration "ervice until proper disposal thereof in accordance (ith the (ishes of the home countr&+ As soon as circumstances permit, and at latest at the end of hostilities, these "ervices shall e1change, through the *nformation >ureau mentioned in the second paragraph of Article 17, lists sho(ing the e1act location and mar#ings of the graves, together (ith particulars of the dead interred therein+ Art+ 19+ The militar& authorities ma& appeal to the charit& of the inhabitants voluntaril& to collect and care for, under their direction, the (ounded and sic#, granting persons (ho have responded to this appeal the necessar& protection and facilities+ "hould the adverse Part& ta#e or reta#e control of the area, he shall li#e(ise grant these persons the same protection and the same facilities+ The militar& authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneousl& to collect and care for (ounded or sic# of (hatever
nationalit&+ The civilian population shall respect these (ounded and sic#, and in particular abstain from offering them violence+ 5o one ma& ever be molested or convicted for having nursed the (ounded or sic#+ The provisions of the present Article do not relieve the occup&ing Po(er of its obligation to give both ph&sical and moral care to the (ounded and sic#+ Chapter ***+ ;edical ?nits and @stablishments Art+ 19+ $i1ed establishments and mobile medical units of the ;edical "ervice ma& in no circumstances be attac#ed, but shall at all times be respected and protected b& the Parties to the conflict+ "hould the& fall into the hands of the adverse Part&, their personnel shall be free to pursue their duties, as long as the capturing Po(er has not itself ensured the necessar& care of the (ounded and sic# 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 attac#s against militar& ob4ectives cannot imperil their safet&+ Art+ 28+ ,ospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of !ounded, "ic# and "hip(rec#ed ;embers of Armed $orces at "ea of 12 August 1949, shall not be attac#ed from the land+ Art+ 21+ The protection to (hich fi1ed establishments and mobile medical units of the ;edical "ervice are entitled shall not cease unless the& are used to commit, outside their humanitarian duties, acts harmful to the enem&+ Protection ma&, ho(ever, cease onl& after a due (arning has been given, naming, in all appropriate cases, a reasonable time limit, and after such (arning has remained unheeded+ Art+ 22+ The follo(ing conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed b& Article 19) /10 That the personnel of the unit or establishment are armed, and that the& use the arms in their o(n defence, or in that of the (ounded and sic# in their charge+ /20 That in the absence of armed orderlies, the unit or establishment is protected b& a pic#et or b& sentries or b& an escort+ /.0 That small arms and ammunition ta#en from the (ounded and sic# and not &et handed to the proper service, are found in the unit or establishment+ /40 That personnel and material of the veterinar& service are found in the unit or establishment, (ithout forming an integral part thereof+ /60 That the humanitarian activities of medical units and establishments or of their personnel e1tend to the care of civilian (ounded or sic#+ Art+ 2.+ *n time of peace, the ,igh Contracting Parties and, after the outbrea# of hostilities, the Parties thereto, ma& establish in their o(n territor& and, if the need arises, in occupied
areas, hospital -ones and localities so organi-ed as to protect the (ounded and sic# from the effects of (ar, as (ell as the personnel entrusted (ith the organi-ation and administration of these -ones and localities and (ith the care of the persons therein assembled+ ?pon the outbrea# and during the course of hostilities, the Parties concerned ma& conclude agreements on mutual recognition of the hospital -ones and localities the& have created+ The& ma& for this purpose implement the provisions of the Draft Agreement anne1ed to the present Convention, (ith such amendments as the& ma& consider necessar&+ The Protecting Po(ers and the *nternational Committee of the ed Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital -ones and localities+ Chapter *A+ Personnel Art+ 24+ ;edical personnel e1clusivel& engaged in the search for, or the collection, transport or treatment of the (ounded or sic#, or in the prevention of disease, staff e1clusivel& engaged in the administration of medical units and establishments, as (ell as chaplains attached to the armed forces, shall be respected and protected in all circumstances+ Art+ 26+ ;embers of the armed forces speciall& trained for emplo&ment, should the need arise, as hospital orderlies, nurses or au1iliar& stretcher2bearers, in the search for or the collection, transport or treatment of the (ounded and sic# shall li#e(ise be respected and protected if the& are carr&ing out these duties at the time (hen the& come into contact (ith the enem& or fall into his hands+ Art+ 27+ The staff of 5ational ed Cross "ocieties and that of other Aoluntar& Aid "ocieties, dul& recogni-ed and authori-ed b& their Governments, (ho ma& be emplo&ed 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 sub4ect to militar& la(s and regulations+ @ach ,igh Contracting Part& shall notif& to the other, either in time of peace or at the commencement of or during hostilities, but in an& case before actuall& emplo&ing them, the names of the societies (hich it has authori-ed, under its responsibilit&, to render assistance to the regular medical service of its armed forces+ Art+ 2'+ A recogni-ed "ociet& of a neutral countr& can onl& lend the assistance of its medical personnel and units to a Part& to the conflict (ith the previous consent of its o(n Government and the authori-ation of the Part& to the conflict concerned+ That personnel and those units shall be placed under the control of that Part& to the conflict+ The neutral Government shall notif& this consent to the adversar& of the "tate (hich accepts such assistance+ The Part& to the conflict (ho accepts such assistance is bound to notif& the adverse Part& thereof before ma#ing an& use of it+
*n no circumstances shall this assistance be considered as interference in the conflict+ The members of the personnel named in the first paragraph shall be dul& furnished (ith the identit& cards provided for in Article 48 before leaving the neutral countr& to (hich the& belong+ Art+ 29+ Personnel designated in Articles 24 and 27 (ho fall into the hands of the adverse Part&, shall be retained onl& in so far as the state of health, the spiritual needs and the number of prisoners of (ar re:uire+ Personnel thus retained shall not be deemed prisoners of (ar+ 5evertheless the& shall at least benefit b& all the provisions of the Geneva Convention relative to the Treatment of Prisoners of !ar of 12 August 1949+ !ithin the frame(or# of the militar& la(s and regulations of the Detaining Po(er, and under the authorit& of its competent service, the& shall continue to carr& out, in accordance (ith their professional ethics, their medical and spiritual duties on behalf of prisoners of (ar, preferabl& those of the armed forces to (hich the& themselves belong+ The& shall further en4o& the follo(ing facilities for carr&ing out their medical or spiritual duties) /a0 The& shall be authori-ed to visit periodicall& the prisoners of (ar in labour units or hospitals outside the camp+ The Detaining Po(er shall put at their disposal the means of transport re:uired+ /b0 *n each camp the senior medical officer of the highest ran# shall be responsible to the militar& authorities of the camp for the professional activit& of the retained medical personnel+ $or this purpose, from the outbrea# of hostilities, the Parties to the conflict shall agree regarding the corresponding seniorit& of the ran#s of their medical personnel, including those of the societies designated in Article 27+ *n all :uestions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the militar& and medical authorities of the camp (ho shall grant them the facilities the& ma& re:uire for correspondence relating to these :uestions+ /c0 Although retained personnel in a camp shall be sub4ect to its internal discipline, the& shall not, ho(ever, be re:uired to perform an& (or# outside their medical or religious duties+ During hostilities the Parties to the conflict shall ma#e arrangements for relieving (here possible retained personnel, and shall settle the procedure of such relief+ 5one of the preceding provisions shall relieve the Detaining Po(er of the obligations imposed upon it (ith regard to the medical and spiritual (elfare of the prisoners of (ar+ Art+ 29+ ;embers of the personnel designated in Article 26 (ho have fallen into the hands of the enem&, shall be prisoners of (ar, but shall be emplo&ed on their medical duties in so far as the need arises+ Art+ .8+ Personnel (hose retention is not indispensable b& virtue of the provisions of Article 29 shall be returned to the Part& to the conflict to (hom the& belong, as soon as a road is
open for their return and militar& re:uirements permit+ Pending their return, the& shall not be deemed prisoners of (ar+ 5evertheless the& shall at least benefit b& all the provisions of the Geneva Convention relative to the Treatment of Prisoners of !ar of 12 August 1949+ The& shall continue to fulfil their duties under the orders of the adverse Part& and shall preferabl& be engaged in the care of the (ounded and sic# of the Part& to the conflict to (hich the& themselves belong+ <n their departure, the& shall ta#e (ith them the effects, personal belongings, valuables and instruments belonging to them+ Art+ .1+ The selection of personnel for return under Article .8 shall be made irrespective of an& consideration of race, religion or political opinion, but preferabl& according to the chronological order of their capture and their state of health+ As from the outbrea# of hostilities, Parties to the conflict ma& determine b& 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+ Art+ .2+ Persons designated in Article 2' (ho have fallen into the hands of the adverse Part& ma& not be detained+ ?nless other(ise agreed, the& shall have permission to return to their countr&, or if this is not possible, to the territor& of the Part& to the conflict in (hose service the& (ere, as soon as a route for their return is open and militar& considerations permit+ Pending their release, the& shall continue their (or# under the direction of the adverse Part&3 the& shall preferabl& be engaged in the care of the (ounded and sic# of the Part& to the conflict in (hose service the& (ere+ <n their departure, the& shall ta#e (ith 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, (hile in their po(er, the same food, lodging, allo(ances and pa& as are granted to the corresponding personnel of their armed forces+ The food shall in an& case be sufficient as regards :uantit&, :ualit& and variet& to #eep the said personnel in a normal state of health+ Chapter A+ >uildings and ;aterial Art+ ..+ The material of mobile medical units of the armed forces (hich fall into the hands of the enem&, shall be reserved for the care of (ounded and sic#+ The buildings, material and stores of fi1ed medical establishments of the armed forces shall remain sub4ect to the la(s of (ar, but ma& not be diverted from their purpose as long as the& are re:uired for the care of (ounded and sic#+ 5evertheless, the commanders of forces in
the field ma& ma#e use of them, in case of urgent militar& necessit&, provided that the& ma#e previous arrangements for the (elfare of the (ounded and sic# (ho are nursed in them+ The material and stores defined in the present Article shall not be intentionall& destro&ed+ Art+ .4+ The real and personal propert& of aid societies (hich are admitted to the privileges of the Convention shall be regarded as private propert&+ The right of re:uisition recogni-ed for belligerents b& the la(s and customs of (ar shall not be e1ercised e1cept in case of urgent necessit&, and onl& after the (elfare of the (ounded and sic# has been ensured+ Chapter A*+ ;edical Transports Art+ .6+ Transports of (ounded and sic# or of medical e:uipment shall be respected and protected in the same (a& as mobile medical units+ "hould such transports or vehicles fall into the hands of the adverse Part&, the& shall be sub4ect to the la(s of (ar, on condition that the Part& to the conflict (ho captures them shall in all cases ensure the care of the (ounded and sic# the& contain+ The civilian personnel and all means of transport obtained b& re:uisition shall be sub4ect to the general rules of international la(+ Art+ .7+ ;edical aircraft, that is to sa&, aircraft e1clusivel& emplo&ed for the removal of (ounded and sic# and for the transport of medical personnel and e:uipment, shall not be attac#ed, but shall be respected b& the belligerents, (hile fl&ing at heights, times and on routes specificall& agreed upon bet(een the belligerents concerned+ The& shall bear, clearl& mar#ed, the distinctive emblem prescribed in Article .9, together (ith their national colours on their lo(er, upper and lateral surfaces+ The& shall be provided (ith an& other mar#ings or means of identification that ma& be agreed upon bet(een the belligerents upon the outbrea# or during the course of hostilities+ ?nless agreed other(ise, flights over enem& or enem&2occupied territor& are prohibited+ ;edical aircraft shall obe& ever& summons to land+ *n the event of a landing thus imposed, the aircraft (ith its occupants ma& continue its flight after e1amination, if an&+ *n the event of an involuntar& landing in enem& or enem&2occupied territor&, the (ounded and sic#, as (ell as the cre( of the aircraft shall be prisoners of (ar+ The medical personnel shall be treated according to Article 24 and the Articles follo(ing+ Art+ .'+ "ub4ect to the provisions of the second paragraph, medical aircraft of Parties to the conflict ma& fl& over the territor& of neutral Po(ers, land on it in case of necessit&, or use it as
a port of call+ The& shall give the neutral Po(ers previous notice of their passage over the said territor& and obe& all summons to alight, on land or (ater+ The& (ill be immune from attac# onl& (hen fl&ing on routes, at heights and at times specificall& agreed upon bet(een the Parties to the conflict and the neutral Po(er concerned+ The neutral Po(ers ma&, ho(ever, place conditions or restrictions on the passage or landing of medical aircraft on their territor&+ "uch possible conditions or restrictions shall be applied e:uall& to all Parties to the conflict+ ?nless agreed other(ise bet(een the neutral Po(er and the Parties to the conflict, the (ounded and sic# (ho are disembar#ed, (ith the consent of the local authorities, on neutral territor& b& medical aircraft, shall be detained b& the neutral Po(er, (here so re:uired b& international la(, in such a manner that the& cannot again ta#e part in operations of (ar+ The cost of their accommodation and internment shall be borne b& the Po(er on (hich the& depend+ Chapter A**+ The Distinctive @mblem Art+ .9+ As a compliment to "(it-erland, the heraldic emblem of the red cross on a (hite ground, formed b& reversing the $ederal colours, is retained as the emblem and distinctive sign of the ;edical "ervice of armed forces+ 5evertheless, in the case of countries (hich alread& use as emblem, in place of the red cross, the red crescent or the red lion and sun on a (hite ground, those emblems are also recogni-ed b& the terms of the present Convention+ Art+ .9+ ?nder the direction of the competent militar& authorit&, the emblem shall be displa&ed on the flags, armlets and on all e:uipment emplo&ed in the ;edical "ervice+ Art+ 48+ The personnel designated in Article 24 and in Articles 27 and 2' shall (ear, affi1ed to the left arm, a (ater2resistant armlet bearing the distinctive emblem, issued and stamped b& the militar& authorit&+ "uch personnel, in addition to (earing the identit& disc mentioned in Article 17, shall also carr& a special identit& card bearing the distinctive emblem+ This card shall be (ater2resistant and of such si-e that it can be carried in the poc#et+ *t shall be (orded in the national language, shall mention at least the surname and first names, the date of birth, the ran# and the service number of the bearer, and shall state in (hat capacit& he is entitled to the protection of the present Convention+ The card shall bear the photograph of the o(ner and also either his signature or his finger2prints or both+ *t shall be embossed (ith the stamp of the militar& authorit&+ The identit& card shall be uniform throughout the same armed forces and, as far as possible, of a similar t&pe in the armed forces of the ,igh Contracting Parties+ The Parties to the conflict ma& be guided b& the model (hich is anne1ed, b& (a& of e1ample, to the present
Convention+ The& shall inform each other, at the outbrea# of hostilities, of the model the& are using+ *dentit& cards should be made out, if possible, at least in duplicate, one cop& being #ept b& the home countr&+ *n no circumstances ma& the said personnel be deprived of their insignia or identit& cards nor of the right to (ear the armlet+ *n case of loss, the& shall be entitled to receive duplicates of the cards and to have the insignia replaced+ Art+ 41+ The personnel designated in Article 26 shall (ear, but onl& (hile carr&ing out medical duties, a (hite armlet bearing in its centre the distinctive sign in miniature3 the armlet shall be issued and stamped b& the militar& authorit&+ ;ilitar& identit& documents to be carried b& this t&pe of personnel shall specif& (hat special training the& have received, the temporar& character of the duties the& are engaged upon, and their authorit& for (earing the armlet+ Art+ 42+ The distinctive flag of the Convention shall be hoisted onl& over such medical units and establishments as are entitled to be respected under the Convention, and onl& (ith the consent of the militar& authorities+ *n mobile units, as in fi1ed establishments, it ma& be accompanied b& the national flag of the Part& to the conflict to (hich the unit or establishment belongs+ 5evertheless, medical units (hich have fallen into the hands of the enem& shall not fl& an& flag other than that of the Convention+ Parties to the conflict shall ta#e the necessar& steps, in so far as militar& considerations permit, to ma#e the distinctive emblems indicating medical units and establishments clearl& visible to the enem& land, air or naval forces, in order to obviate the possibilit& of an& hostile action+ Art+ 4.+ The medical units belonging to neutral countries, (hich ma& have been authori-ed to lend their services to a belligerent under the conditions laid do(n in Article 2', shall fl&, along (ith the flag of the Convention, the national flag of that belligerent, (herever the latter ma#es use of the facult& conferred on him b& Article 42+ "ub4ect to orders to the contrar& b& the responsible militar& authorities, the& ma& on all occasions fl& their national flag, even if the& fall into the hands of the adverse Part&+ Art+ 44+ !ith the e1ception of the cases mentioned in the follo(ing paragraphs of the present Article, the emblem of the red cross on a (hite ground and the (ords B ed CrossB or B Geneva Cross B ma& not be emplo&ed, either in time of peace or in time of (ar, e1cept to indicate or to protect the medical units and establishments, the personnel and material protected b& the present Convention and other Conventions dealing (ith similar matters+ The same shall appl& to the emblems mentioned in Article .9, second paragraph, in respect of the countries (hich use them+ The 5ational ed Cross "ocieties and other societies designated in Article 27 shall have the right to use the distinctive emblem conferring the protection of the Convention onl& (ithin the frame(or# of the present paragraph+
$urthermore, 5ational ed Cross / ed Crescent, ed =ion and "un0 "ocieties ma&, in time of peace, in accordance (ith their national legislation, ma#e use of the name and emblem of the ed Cross for their other activities (hich are in conformit& (ith the principles laid do(n b& the *nternational ed Cross Conferences+ !hen those activities are carried out in time of (ar, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention3 the emblem shall be comparativel& small in si-e and ma& not be placed on armlets or on the roofs of buildings+ The international ed Cross organi-ations and their dul& authori-ed personnel shall be permitted to ma#e use, at all times, of the emblem of the red cross on a (hite ground+ As an e1ceptional measure, in conformit& (ith national legislation and (ith the e1press permission of one of the 5ational ed Cross / ed Crescent, ed =ion and "un0 "ocieties, the emblem of the Convention ma& be emplo&ed in time of peace to identif& vehicles used as ambulances and to mar# the position of aid stations e1clusivel& assigned to the purpose of giving free treatment to the (ounded or sic#+ Chapter A***+ @1ecution of the Convention Art+ 46+ @ach Part& to the conflict, acting through its Commanders2in2Chief, shall ensure the detailed e1ecution of the preceding Articles, and provide for unforeseen cases, in conformit& (ith the general principles of the present Convention+ Art+ 47+ eprisals against the (ounded, sic#, personnel, buildings or e:uipment protected b& the Convention are prohibited+ Art+ 4'+ The ,igh Contracting Parties underta#e, in time of peace as in time of (ar, to disseminate the te1t of the present Convention as (idel& as possible in their respective countries, and, in particular, to include the stud& thereof in their programmes of militar& and, if possible, civil instruction, so that the principles thereof ma& become #no(n to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains+ Art+ 49+ The ,igh Contracting Parties shall communicate to one another through the "(iss $ederal Council and, during hostilities, through the Protecting Po(ers, the official translations of the present Convention, as (ell as the la(s and regulations (hich the& ma& adopt to ensure the application thereof+ Chapter *C+ epression of Abuses and *nfractions Art+ 49+ The ,igh Contracting Parties underta#e to enact an& legislation necessar& to provide effective penal sanctions for persons committing, or ordering to be committed, an& of the grave breaches of the present Convention defined in the follo(ing Article+
@ach ,igh Contracting Part& 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 nationalit&, before its o(n courts+ *t ma& also, if it prefers, and in accordance (ith the provisions of its o(n legislation, hand such persons over for trial to another ,igh Contracting Part& concerned, provided such ,igh Contracting Part& has made out a prima facie case+ @ach ,igh Contracting Part& shall ta#e measures necessar& for the suppression of all acts contrar& to the provisions of the present Convention other than the grave breaches defined in the follo(ing Article+ *n all circumstances, the accused persons shall benefit b& safeguards of proper trial and defence, (hich shall not be less favourable than those provided b& Article 186 and those follo(ing, of the Geneva Convention relative to the Treatment of Prisoners of !ar of 12 August 1949+ Art+ 68+ Grave breaches to (hich the preceding Article relates shall be those involving an& of the follo(ing acts, if committed against persons or propert& protected b& the Convention) (ilful #illing, torture or inhuman treatment, including biological e1periments, (ilfull& causing great suffering or serious in4ur& to bod& or health, and e1tensive destruction and appropriation of propert&, not 4ustified b& militar& necessit& and carried out unla(full& and (antonl&+ Art+ 61+ 5o ,igh Contracting Part& shall be allo(ed to absolve itself or an& other ,igh Contracting Part& of an& liabilit& incurred b& itself or b& another ,igh Contracting Part& in respect of breaches referred to in the preceding Article+ Art+ 62+ At the re:uest of a Part& to the conflict, an en:uir& shall be instituted, in a manner to be decided bet(een the interested Parties, concerning an& alleged violation of the Convention+ *f agreement has not been reached concerning the procedure for the en:uir&, the Parties should agree on the choice of an umpire (ho (ill decide upon the procedure to be follo(ed+ <nce the violation has been established, the Parties to the conflict shall put an end to it and shall repress it (ith the least possible dela&+ Art+ 6.+ The use b& individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation B ed Cross B or B Geneva Cross B or an& sign or designation constituting an imitation thereof, (hatever the ob4ect of such use, and irrespective of the date of its adoption, shall be prohibited at all times+ >& reason of the tribute paid to "(it-erland b& the adoption of the reversed $ederal colours, and of the confusion (hich ma& arise bet(een the arms of "(it-erland and the distinctive emblem of the Convention, the use b& private individuals, societies or firms, of the arms of
the "(iss Confederation, or of mar#s constituting an imitation thereof, (hether as trademar#s or commercial mar#s, or as parts of such mar#s, or for a purpose contrar& to commercial honest&, or in circumstances capable of (ounding "(iss national sentiment, shall be prohibited at all times+ 5evertheless, such ,igh Contracting Parties as (ere not part& to the Geneva Convention of 2' %ul& 1929, ma& grant to prior users of the emblems, designations, signs or mar#s designated in the first paragraph, a time limit not to e1ceed three &ears from the coming into force of the present Convention to discontinue such use provided that the said use shall not be such as (ould appear, in time of (ar, to confer the protection of the Convention+ The prohibition laid do(n in the first paragraph of the present Article shall also appl&, (ithout effect on an& rights ac:uired through prior use, to the emblems and mar#s mentioned in the second paragraph of Article .9+ Art+ 64+ The ,igh Contracting Parties shall, if their legislation is not alread& ade:uate, ta#e measures necessar& for the prevention and repression, at all times, of the abuses referred to under Article 6. $inal Provisions Art+ 66+ The present Convention is established in @nglish and in $rench+ >oth te1ts are e:uall& authentic+ The "(iss $ederal Council shall arrange for official translations of the Convention to be made in the ussian and "panish languages+ Art+ 67+ The present Convention, (hich bears the date of this da&, is open to signature until 12 $ebruar& 1968, in the name of the Po(ers represented at the Conference (hich opened at Geneva on 21 April 19493 furthermore, b& Po(ers not represented at that Conference but (hich are Parties to the Geneva Conventions of 1974, 1987 or 1929 for the elief of the !ounded and "ic# in Armies in the $ield+ Art+ 6'+ The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at >erne+ A record shall be dra(n up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted b& the "(iss $ederal Council to all the Po(ers in (hose name the Convention has been signed, or (hose accession has been notified+ Art+ 69+ The present Convention shall come into force si1 months after not less than t(o instruments of ratification have been deposited+ Thereafter, it shall come into force for each ,igh Contracting Part& si1 months after the deposit of the instrument of ratification+
Art+ 69+ The present Convention replaces the Conventions of 22 August 1974, 7 %ul& 1987, and 2' %ul& 1929, in relations bet(een the ,igh Contracting Parties+ Art+ 78+ $rom the date of its coming into force, it shall be open to an& Po(er in (hose name the present Convention has not been signed, to accede to this Convention+ Art+ 71+ Accessions shall be notified in (riting to the "(iss $ederal Council, and shall ta#e effect si1 months after the date on (hich the& are received+ The "(iss $ederal Council shall communicate the accessions to all the Po(ers in (hose name the Convention has been signed, or (hose accession has been notified+ Art+ 72+ The situations provided for in Articles 2 and . shall give immediate effect to ratifications deposited and accessions notified b& the Parties to the conflict before or after the beginning of hostilities or occupation+ The "(iss $ederal Council shall communicate b& the :uic#est method an& ratifications or accessions received from Parties to the conflict+ Art+ 7.+ @ach of the ,igh Contracting Parties shall be at libert& to denounce the present Convention+ The denunciation shall be notified in (riting to the "(iss $ederal Council, (hich shall transmit it to the Governments of all the ,igh Contracting Parties+ The denunciation shall ta#e effect one &ear after the notification thereof has been made to the "(iss $ederal Council+ ,o(ever, a denunciation of (hich notification has been made at a time (hen the denouncing Po(er is involved in a conflict shall not ta#e effect until peace has been concluded, and until after operations connected (ith release and repatriation of the persons protected b& the present Convention have been terminated+ The denunciation shall have effect onl& in respect of the denouncing Po(er+ *t shall in no (a& impair the obligations (hich the Parties to the conflict shall remain bound to fulfil b& virtue of the principles of the la( of nations, as the& result from the usages established among civili-ed peoples, from the la(s of humanit& and the dictates of the public conscience+ Art+ 74+ The "(iss $ederal Council shall register the present Convention (ith the "ecretariat of the ?nited 5ations+ The "(iss $ederal Council shall also inform the "ecretariat of the ?nited 5ations of all ratifications, accessions and denunciations received b& it (ith respect to the present Convention+ *n (itness (hereof the undersigned, having deposited their respective full po(ers, have signed the present Convention+ Done at Geneva this t(elfth da& of August 1949, in the @nglish and $rench languages+ The original shall be deposited in the archives of the "(iss Confederation+ The "(iss $ederal Council shall transmit certified copies thereof to each of the "ignator& and Acceding "tates+
Anne1 *+ Draft Agreement elating to ,ospital Dones and =ocalities Article 1+ ,ospital -ones shall be strictl& observed for the persons named in Article 2. of the Geneva Convention for the Amelioration of the Condition of the !ounded and "ic# in the Armed $orces in the $ield of 12 August 1949, and for the personnel entrusted (ith the organi-ation and administration of these -ones and localities, and (ith the care of the persons therein assembled+ 5evertheless, persons (hose permanent residence is (ithin such -ones shall have the right to sta& there+ Art+ 2+ 5o persons residing, in (hatever capacit&, in a hospital -one shall perform an& (or#, either (ithin or (ithout the -one, directl& connected (ith militar& operations or the production of (ar material+ Art+ .+ The Po(er establishing a hospital -one shall ta#e all necessar& measures to prohibit access to all persons (ho have no right of residence or entr& therein+ Art+ 4+ ,ospital -ones shall fulfil the follo(ing conditions) /a0 The& shall comprise onl& a small part of the territor& governed b& the Po(er (hich has established them+ /b0 The& shall be thinl& populated in relation to the possibilities of accommodation+ /c0 The& shall be far removed and free from all militar& ob4ectives, or large industrial or administrative establishments+ /d0 The& shall not be situated in areas (hich, according to ever& probabilit&, ma& become important for the conduct of the (ar+ Art+ 6+ ,ospital -ones shall be sub4ect to the follo(ing obligations) /a0 The lines of communication and means of transport (hich the& possess shall not be used for the transport of militar& personnel or material, even in transit+ /b0 The& shall in no case be defended b& militar& means+ Art+ 7+ ,ospital -ones shall be mar#ed b& means of red crosses /red crescents, red lions and suns0 on a (hite bac#ground placed on the outer precincts and on the buildings+ The& ma& be similarl& mar#ed at night b& means of appropriate illumination+ Art+ '+ The Po(ers shall communicate to all ,igh Contracting Parties in peacetime or on the outbrea# of hostilities, a list of the hospital -ones in the territories governed b& them+ The& shall also give notice of an& ne( -ones set up during hostilities+ As soon as the adverse Part& has receive the above2mentioned notification, the -one shall be regularl& constituted+ *f, ho(ever, the adverse Part& considers that the conditions of the present agreement have not been fulfilled, it ma& refuse to recogni-e the -one b& giving immediate notice thereof to
the Part& responsible for the said Done, or ma& ma#e its recognition of such -one dependent upon the institution of the control provided for in Article 9+ Art+ 9+ An& Po(er having recogni-ed one of several hospital -ones instituted b& the adverse Part& shall be entitled to demand control b& one or more "pecial Commissioners, for the purpose of ascertaining if the -ones fulfil the conditions and obligations stipulated in the present agreement+ $or this purpose, the members of the "pecial Commissions shall at all times have free access to the various -ones and ma& even reside there permanentl&+ The& shall be given all facilities for their duties of inspection+ Art+ 9+ "hould the "pecial Commissions note an& facts (hich the& consider contrar& to the stipulations of the present agreement, the& shall at once dra( the attention of the Po(er governing the said -one to these facts, and shall fi1 a time limit of five da&s (ithin (hich the matter should be rectified+ The& shall dul& notif& the Po(er (ho has recogni-ed the -one+ *f, (hen the time limit has e1pired, the Po(er governing the -one has not complied (ith the (arning, the adverse Part& ma& declare that it is no longer bound b& the present agreement in respect of the said -one+ Art+ 18+ An& Po(er setting up one or more hospital -ones and localities, and the adverse Parties to (hom their e1istence has been notified, shall nominate or have nominated b& neutral Po(ers, the persons (ho shall be members of the "pecial Commissions mentioned in Articles 9 and 9, Art+ 11+ *n no circumstances ma& hospital -ones be the ob4ect of attac#+ The& shall be protected and respected at all times b& the Parties to the conflict+ Art+ 12+ *n the case of occupation of a territor&, the hospital -ones therein shall continue to be respected and utili-ed as such+ Their purpose ma&, ho(ever, be modified b& the <ccup&ing Po(er, on condition that all measures are ta#en to ensure the safet& of the persons accommodated+ Art+ 1.+ The present agreement shall also appl& to localities (hich the Po(ers ma& utili-e for the same purposes as hospital -ones+ Anne1 **+
*dentit& Card for ;embers of ;edical and
eligious Personnel attached to the Armed $orces
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