00310330 irlqxd 232009 1420 Page 163 PART IIIStatus and Treatment ofProtected PersonsECTIONProvisions common to the Territories ofthe Parties to the Conflict and to Occupied TerritoriesArticle ID: 938650
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GENEVA CONVENTIONRELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949PART IGeneral ProvisionsArticle 1Respect for the Convention.......................................................169Article 2Application ofthe Convention..................................................169Article 3Conflicts not ofan international character...............................169 0031-0330 irl.qxd 2.3.2009 14:20 Page 163 PART IIIStatus and Treatment ofProtected PersonsECTIONProvisions common to the Territories ofthe Parties to the Conflict and to Occupied TerritoriesArticle 27Treatment:I.General observations...........................................179Article 28II.Danger zones.........................................................................179Article 29III.Responsibilities....................................................................180Article 30Application to Protecting Powers and relieforganizations.......180Article 31Prohibition ofcoercion..............................................................180Article 32Prohibition ofcorporal punishment,torture,etc......................180Article 33Individual responsibility,collective penalties,pillage,reprisals180Article 34Hostages.....................................................................................180ECTIONAliens in the Territory ofa Party to the ConflictArticle 35Right to leave the territory.........................................................181Article 36Method ofrepatriation..............................................................181Article 37Persons in confinement.............................................................181Article 38Non-repatriated persons:I.General observations....................182Article 39II.Means ofexistence.................................................................182Article 40III.Employment.........................................................................182Article 41IV.Assigned residence.Internment...........................................183Article 42V.Grounds for internment or assigned residence.Voluntary internment................................................................183Article 43VI.Procedu
re.............................................................................183Article 44VII.Refugees..............................................................................184Article 45VIII.Transfer to another Power.................................................184Article 46Cancellation ofrestrictive measures..........................................184ECTIONOccupied TerritoriesArticle 47Inviolability ofrights.................................................................185Article 48Special cases ofrepatriation......................................................185Article 49Deportations,transfers,evacuations.........................................185Article 50Children.....................................................................................186Article 51Enlistment.Labour....................................................................186Article 52Protection ofworkers.................................................................187Article 53Prohibited destruction...............................................................187Article 54Judges and public officials.........................................................187Article 55Food and medical supplies for the population.........................187Article 56Hygiene and public health.........................................................188Article 57Requisition ofhospitals.............................................................188Article 58Spiritual assistance.....................................................................188Article 59Relief:I.Collective relief............................................................188 CONTENTSCONTENTS 0031-0330 irl.qxd 2.3.2009 14:20 Page 164 Article 60II.Responsibilities ofthe Occupying Power ............................189Article 61III.Distribution..........................................................................189Article 62IV.Individual relief.....................................................................189Article 63National Red Cross and other reliefsocieties...........................189Article 64Penal legislation:I.General observations..................................190Article 65II
.Publication.............................................................................190Article 66III.Competent courts................................................................190Article 67IV.Applicable provisions...........................................................190Article 68V.Penalties.Death penalty.........................................................191Article 69VI.Deduction from sentence ofperiod spent under arrest......191Article 70VII.Offences committed before occupation.............................191Article 71Penal procedure:I.General observations..................................192Article 72II.Right ofdefence.....................................................................192Article 73III.Right ofappeal.....................................................................193Article 74IV.Assistance by the Protecting Power......................................193Article 75V.Death sentence.......................................................................193Article 76Treatment ofdetainees...............................................................194Article 77Handing over ofdetainees at the close ofoccupation..............194Article 78Security measures.Internment and assigned residence.Right ofappeal...........................................................................194 ECTIONIV Ð Regulations for the Treatment ofInterneesI Ð GENERALROVISIONSArticle 79Cases ofinternment and applicable provisions........................195Article 80Civil capacity..............................................................................195Article 81Maintenance...............................................................................195Article 82Grouping ofinternees................................................................195II Ð PLACESOFArticle 83Location ofplaces ofinternment.Marking ofcamps...............196Article 84Separate internment...................................................................196Article 85Accommodation,hygiene..........................................................196Article 86Premises for religious services...................................................197Article 87Cant
eens.....................................................................................197Article 88Air raid shelters.Protective measures........................................198III Ð FOODANDLOTHINGArticle 89Food...........................................................................................198Article 90Clothing......................................................................................198IV Ð HYGIENEANDEDICALTTENTIONArticle 91Medical attention.......................................................................199 CONTENTS CONTENTS 0031-0330 irl.qxd 2.3.2009 14:20 Page 165 Article 92Medical inspections...................................................................199V Ð RELIGIOUSNTELLECTUALANDHYSICALArticle 93Religious duties..........................................................................200Article 94Recreation,study,sports and games..........................................200Article 95Working conditions...................................................................201Article 96Labour detachments..................................................................201VI Ð PERSONALROPERTYANDINANCIALESOURCESArticle 97Valuables and personal effects...................................................202Article 98Financial resources and individual accounts............................203VII ÐADMINISTRATIONANDArticle 99Camp administration.Posting ofthe Convention and oforders..................................203Article 100General discipline......................................................................204Article 101Complaints and petitions..........................................................204Article 102Internee committees:I.Election ofmembers ..........................204Article 103II.Duties.....................................................................................205Article 104III.Prerogatives..........................................................................205ELATIONSWITHTHEXTERIORArticle 105Notification ofmeasures taken..................................................205Article 106Internment card.........................................................................206A
rticle 107Correspondence.........................................................................206Article 108Reliefshipments:I.General principles......................................206Article 109II.Collective relief......................................................................207Article 110III.Exemption from postal and transport charges...................207Article 111Special means oftransport........................................................208Article 112Censorship and examination.....................................................208Article 113Execution and transmission oflegal documents......................209Article 114Management ofproperty...........................................................209Article 115Facilities for preparation and conduct ofcases.........................209Article 116Visits...........................................................................................209IX Ð PENALANDISCIPLINARYANCTIONSArticle 117General provisions.Applicable legislation................................209Article 118Penalties.....................................................................................210Article 119Disciplinary punishments..........................................................210Article 120Escapes.......................................................................................210Article 121Connected offences....................................................................211Article 122Investigations.Confinement awaiting hearing..........................211 CONTENTSCONTENTS 0031-0330 irl.qxd 2.3.2009 14:20 Page 166 Article 123Competent authorities.Procedure.............................................211Article 124Premises for disciplinary punishments.....................................212Article 125Essential safeguards...................................................................212Article 126Provisions applicable to judicial proceedings...........................212X Ð TRANSFERSOFArticle 127Conditions..................................................................................213Article 128Method........................................................................
...............213XI Ð DEATHSArticle 129Wills.Death certificates.............................................................214Article 130Burial.Cremation.......................................................................214Article 131Internees killed or injured in special circumstances.................215XII ÐRELEASEEPATRIATIONANDCCOMMODATIONINEUTRALArticle 132During hostilities or occupation...............................................215Article 133After the close ofhostilities.......................................................215Article 134Repatriation and return to last place ofresidence....................216Article 135Costs...........................................................................................216ECTIONInformation Bureaux and Central AgencyArticle 136National Bureaux.......................................................................216Article 137Transmission ofinformation.....................................................217Article 138Particulars required...................................................................217Article 139Forwarding ofpersonal valuables..............................................217Article 140Central Agency...........................................................................218Article 141Exemption from charges...........................................................218PART IVExecution ofthe ConventionECTIONGeneral ProvisionsArticle 142Reliefsocieties and other organizations....................................219Article 143Supervision................................................................................219Article 144Dissemination ofthe Convention.............................................220Article 145Translations.Rules ofapplication..............................................220Article 146Penal sanctions:I.General observations...................................220Article 147II.Grave breaches.......................................................................221Article 148III.Responsibilities ofthe Contracting Parties.........................221Article 149Enquiry procedure.....................................................................221 CONTE
NTS CONTENTS 0031-0330 irl.qxd 2.3.2009 14:20 Page 167 ECTIONFinal ProvisionsArticle 150Languages...................................................................................221Article 151Signature....................................................................................222Article 152Ratification.................................................................................222Article 153Coming into force......................................................................222Article 154Relation with the Hague Conventions.......................................222Article 155Accession....................................................................................222Article 156Notification ofaccessions..........................................................222Article 157Immediate effect........................................................................222Article 158Denunciation.............................................................................223Article 159Registration with the United Nations........................................223Draft Agreement relating to Hospital and Safety Zones and Localities............224Draft Regulations concerning Collective Relief.................................................227I.Internment Card..............................................................................................229II.Letter..............................................................................................................230III.Correspondence Card..................................................................................231 CONTENTS 0031-0330 irl.qxd 2.3.2009 14:20 Page 168 GENEVA CONVENTIONRELATIVE TO THE PROTECTION OF CIVILIANPERSONS IN TIME OF WAR OF 12 AUGUST 1949PART IGENERAL PROVISIONSArticle 1.Ñ The High Contracting Parties undertake to respectand to ensure respect for the present Convention in allcircumstances..2.Ñ In addition to the provisions which shall beimplemented in peacetime,the present Convention shall apply to allcases ofdeclared war or ofany other armed conflict which may arisebetween two or more ofthe High Contracting Parties,even ifthestate ofwar is not reco
gnized by one ofthem.The Convention shall also apply to all cases ofpartial or totaloccupation ofthe territory ofa High Contracting Party,even ifthesaid occupation meets with no armed resistance.Although one ofthe Powers in conflict may not be a party to thepresent Convention,the Powers who are parties thereto shall remainbound by it in their mutual relations.They shall furthermore bebound by the Convention in relation to the said Power,ifthe latteraccepts and applies the provisions thereof..3.Ñ In the case ofarmed conflict not ofan internationalcharacter occurring in the territory ofone ofthe High ContractingParties,each Party to the conflict shall be bound to apply,as aminimum,the following provisions:1)Persons taking no active part in the hostilities,includingmembers ofarmed forces who have laid down their arms andthose placed hors de combatby sickness,wounds,detention,or any other cause,shall in all circumstances be treatedRespect for theConventionApplicationoftheConventionConflicts not ofaninternationalcharacter The marginal notes or titles ofarticles have been drafted by the Swiss FederalDepartment ofForeign Affairs. 0031-0330 irl.qxd 2.3.2009 14:20 Page 169 humanely,without any adverse distinction founded on race,colour,religion or faith,sex,birth or wealth,or any othersimilar criteria.To this end,the following acts are and shall remain prohib-ited at any time and in any place whatsoever with respect tothe above-mentioned persons:violence to life and person,in particular murder ofallkinds,mutilation,cruel treatment and torture;taking ofhostages;outrages upon personal dignity,in particular humiliatingand degrading treatment;the passing ofsentences and the carrying out ofexecutions without previous judgment pronounced by aregularly constituted court,affording all the judicialguarantees which are recognized as indispensable bycivilized peoples.2)The wounded and sick shall be collected and cared for.An impartial humanitarian body,such as the InternationalCommittee ofthe Red Cross,may offer its services to the Parties tothe conflict.The Parties to the conflict should further endeavour to bring intoforce,by means ofspecial agreements,all or
part ofthe otherprovisions ofthe present Convention.The application ofthe preceding provisions shall not affect thelegal status ofthe Parties to the conflict..4.Ñ Persons protected by the Convention are those who ata given moment and in any manner whatsoever,find themselves,incase ofa conflict or occupation,in the hands ofpersons a Party tothe conflict or Occupying Power ofwhich they are not nationals.Nationals ofa State which is not bound by the Convention are notprotected by it.Nationals ofa neutral State who find themselves inthe territory ofa belligerent State,and nationals ofa co-belligerentState,shall not be regarded as protected persons while the State ofwhich they are nationals has normal diplomatic representation inthe State in whose hands they are.The provisions ofPart II are,however,wider in application,asdefined in Article 13.Persons protected by the Geneva Convention for theAmelioration ofthe Condition ofthe Wounded and Sick in ArmedForces in the Field ofAugust 12,1949,or by the Geneva Conventionfor the Amelioration ofthe Condition ofWounded,Sick andShipwrecked Members ofArmed Forces at Sea ofAugust 12,1949, FOURTH GENEVA CONVENTION OF 1949Definition ofprotectedpersons 0031-0330 irl.qxd 2.3.2009 14:20 Page 170 or by the Geneva Convention relative to the Treatment ofPrisonersofWar ofAugust 12,1949,shall not be considered as protectedpersons within the meaning ofthe present Convention..5.Ñ Where,in the territory ofa Party to the conflict,thelatter is satisfied that an individual protected person is definitelysuspected ofor engaged in activities hostile to the security oftheState,such individual person shall not be entitled to claim suchrights and privileges under the present Convention as would,ifexercised in the favour ofsuch individual person,be prejudicial tothe security ofsuch State.Where in occupied territory an individual protected person isdetained as a spy or saboteur,or as a person under definite suspicionofactivity hostile to the security ofthe Occupying Power,suchperson shall,in those cases where absolute military security sorequires,be regarded as having forfeited rights ofcommunicationunder the present Convention.In
each case,such persons shall nevertheless be treated withhumanity,and in case oftrial,shall not be deprived ofthe rights offair and regular trial prescribed by the present Convention.They shallalso be granted the full rights and privileges ofa protected personunder the present Convention at the earliest date consistent with thesecurity ofthe State or Occupying Power,as the case may be..6.Ñ The present Convention shall apply from the outset ofany conflict or occupation mentioned in Article 2.In the territory ofParties to the conflict,the application ofthepresent Convention shall cease on the general close ofmilitaryoperations.In the case ofoccupied territory,the application ofthe presentConvention shall cease one year after the general close ofmilitaryoperations;however,the Occupying Power shall be bound,for theduration ofthe occupation,to the extent that such Power exercisesthe functions ofgovernment in such territory,by the provisions ofthe following Articles ofthe present Convention:1 to 12,27,29 to34,47,49,51,52,53,59,61 to 77,143.Protected persons whose release,repatriation or re-establishment may take place after such dates shall meanwhilecontinue to benefit by the present Convention..7.Ñ In addition to the agreements expressly provided for inArticles 11,14,15,17,36,108,109,132,133 and 149,the HighContracting Parties may conclude other special agreements for allmatters concerning which they may deem it suitable to make PROTECTION OF CIVILIAN PERSONSDerogationsBeginningand end ofapplicationSpecialagreements 0031-0330 irl.qxd 2.3.2009 14:20 Page 171 separate provision.No special agreement shall adversely affect thesituation ofprotected persons,as defined by the presentConvention,nor restrict the rights which it confers upon them.Protected persons shall continue to have the benefit ofsuchagreements as long as the Convention is applicable to them,exceptwhere express provisions to the contrary are contained in theaforesaid or in subsequent agreements,or where more favourablemeasures have been taken with regard to them by one or other oftheParties to the conflict..8.Ñ Protected persons may in no circumstances renouncein part or in entirety th
e rights secured to them by the presentConvention,and by the special agreements referred to in theforegoing Article,ifsuch there be..9.Ñ The present Convention shall be applied with the co-operation and under the scrutiny ofthe Protecting Powers whoseduty it is to safeguard the interests ofthe Parties to the conflict.Forthis purpose,the Protecting Powers may appoint,apart from theirdiplomatic or consular staff,delegates from amongst their ownnationals or the nationals ofother neutral Powers.The saiddelegates shall be subject to the approval ofthe Power with whichthey are to carry out their duties.The Parties to the conflict shall facilitate to the greatest extentpossible the task ofthe representatives or delegates ofthe ProtectingPowers.The representatives or delegates ofthe Protecting Powers shallnot in any case exceed their mission under the present Convention.They shall,in particular,take account ofthe imperative necessitiesofsecurity ofthe State wherein they carry out their duties..10.Ñ The provisions ofthe present Convention constituteno obstacle to the humanitarian activities which the InternationalCommittee ofthe Red Cross or any other impartial humanitarianorganization may,subject to the consent ofthe Parties to the conflictconcerned,undertake for the protection ofcivilian persons and fortheir relief..11.Ñ The High Contracting Parties may at any time agreeto entrust to an international organization which offers allguarantees ofimpartiality and efficacy the duties incumbent on theProtecting Powers by virtue ofthe present Convention.When persons protected by the present Convention do notbenefit or cease to benefit,no matter for what reason,by the FOURTH GENEVA CONVENTION OF 1949Non-renunciationofrightsProtectingPowersSubstitutesfor ProtectingPowersActivities oftheInternationalCommittee ofthe Red Cross 0031-0330 irl.qxd 2.3.2009 14:20 Page 172 activities ofa Protecting Power or ofan organization provided for inthe first paragraph above,the Detaining Power shall request aneutral State,or such an organization,to undertake the functionsperformed under the present Convention by a Protecting Powerdesignated by the Parties to a conflict.Ifpro
tection cannot be arranged accordingly,the DetainingPower shall request or shall accept,subject to the provisions ofthisArticle,the offer ofthe services ofa humanitarian organization,such as the International Committee ofthe Red Cross,to assume thehumanitarian functions performed by Protecting Powers under thepresent Convention.Any neutral Power or any organization invited by the Powerconcerned or offering itselffor these purposes,shall be required toact with a sense ofresponsibility towards the Party to the conflict onwhich persons protected by the present Convention depend,andshall be required to furnish sufficient assurances that it is in aposition to undertake the appropriate functions and to dischargethem impartially.No derogation from the preceding provisions shall be made byspecial agreements between Powers one ofwhich is restricted,eventemporarily,in its freedom to negotiate with the other Power or itsallies by reason ofmilitary events,more particularly where thewhole,or a substantial part,ofthe territory ofthe said Power isoccupied.Whenever in the present Convention mention is made ofaProtecting Power,such mention applies to substitute organizationsin the sense ofthe present Article.The provisions ofthis Article shall extend and be adapted tocases ofnationals ofa neutral State who are in occupied territory orwho find themselves in the territory ofa belligerent State in whichthe State ofwhich they are nationals has not normal diplomaticrepresentation..12.Ñ In cases where they deem it advisable in the interestofprotected persons,particularly in cases ofdisagreement betweenthe Parties to the conflict as to the application or interpretation ofthe provisions ofthe present Convention,the Protecting Powersshall lend their good offices with a view to settling the disagreement.For this purpose,each ofthe Protecting Powers may,either at theinvitation ofone Party or on its own initiative,propose to theParties to the conflict a meeting oftheir representatives,and inparticular ofthe authorities responsible for protected persons,possibly on neutral territory suitably chosen.The Parties to theconflict shall be bound to give effect to the proposals ma
de to them PROTECTION OF CIVILIAN PERSONSConciliationprocedure 0031-0330 irl.qxd 2.3.2009 14:20 Page 173 for this purpose.The Protecting Powers may,ifnecessary,proposefor approval by the Parties to the conflict,a person belonging to aneutral Power or delegated by the International Committee oftheRed Cross,who shall be invited to take part in such a meeting.PART IIGENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR.13.Ñ The provisions ofPart II cover the whole ofthepopulations ofthe countries in conflict,without any adversedistinction based,in particular,on race,nationality,religion orpolitical opinion,and are intended to alleviate the sufferings causedby war..14.Ñ In time ofpeace,the High Contracting Parties and,after the outbreak ofhostilities,the Parties thereto,may establish intheir own territory and,ifthe need arises,in occupied areas,hospital and safety zones and localities so organized as to protectfrom the effects ofwar,wounded,sick and aged persons,childrenunder fifteen,expectant mothers and mothers ofchildren underseven.Upon the outbreak and during the course ofhostilities,theParties concerned may conclude agreements on mutual recognitionofthe zones and localities they have created.They may for thispurpose implement the provisions ofthe Draft Agreement annexedto the present Convention,with such amendments as they mayconsider necessary.The Protecting Powers and the International Committee oftheRed Cross are invited to lend their good offices in order to facilitatethe institution and recognition ofthese hospital and safety zonesand localities..15.Ñ Any Party to the conflict may,either direct or througha neutral State or some humanitarian organization,propose to theadverse Party to establish,in the regions where fighting is takingplace,neutralized zones intended to shelter from the effects ofwarthe following persons,without distinction:wounded and sick combatants or non-combatants; FOURTH GENEVA CONVENTION OF 1949Field ofapplication ofPart IIHospital andsafety zonesand localitiesNeutralizedzones 0031-0330 irl.qxd 2.3.2009 14:20 Page 174 civilian persons who take no part in hostilities,and who,while they reside in t
he zones,perform no work ofa militarycharacter.When the Parties concerned have agreed upon the geographicalposition,administration,food supply and supervision oftheproposed neutralized zone,a written agreement shall be concludedand signed by the representatives ofthe Parties to the conflict.Theagreement shall fix the beginning and the duration oftheneutralization ofthe zone..16.Ñ The wounded and sick,as well as the infirm,andexpectant mothers,shall be the object ofparticular protection andrespect.As far as military considerations allow,each Party to the conflictshall facilitate the steps taken to search for the killed and wounded,to assist the shipwrecked and other persons exposed to gravedanger,and to protect them against pillage and ill-treatment..17.Ñ The Parties to the conflict shall endeavour toconclude local agreements for the removal from besieged orencircled areas,ofwounded,sick,infirm,and aged persons,childrenand maternity cases,and for the passage ofministers ofall religions,medical personnel and medical equipment on their way to suchareas..18.Ñ Civilian hospitals organized to give care to thewounded and sick,the infirm and maternity cases,may in nocircumstances be the object ofattack,but shall at all times berespected and protected by the Parties to the conflict.States which are Parties to a conflict shall provide all civilianhospitals with certificates showing that they are civilian hospitalsand that the buildings which they occupy are not used for anypurpose which would deprive these hospitals ofprotection inaccordance with Article 19.Civilian hospitals shall be marked by means ofthe emblemprovided for in Article 38 ofthe Geneva Convention for theAmelioration ofthe Condition ofthe Wounded and Sick in ArmedForces in the Field ofAugust 12,1949,but only ifso authorized bythe State.The Parties to the conflict shall,in so far as militaryconsiderations permit,take the necessary steps to make thedistinctive emblems indicating civilian hospitals clearly visible tothe enemy land,air and naval forces in order to obviate thepossibility ofany hostile action. PROTECTION OF CIVILIAN PERSONSWoundedand sickGeneralprotectionEvacuationProtection ofh
ospitals 0031-0330 irl.qxd 2.3.2009 14:20 Page 175 In view ofthe dangers to which hospitals may be exposed bybeing close to military objectives,it is recommended that suchhospitals be situated as far as possible from such objectives..19.Ñ The protection to which civilian hospitals are entitledshall not cease unless they are used to commit,outside theirhumanitarian duties,acts harmful to the enemy.Protection may,however,cease only after due warning has been given,naming,in allappropriate cases,a reasonable time limit,and after such warninghas remained unheeded.The fact that sick or wounded members ofthe armed forces arenursed in these hospitals,or the presence ofsmall arms andammunition taken from such combatants and not yet handed to theproper service,shall not be considered to be acts harmful to theenemy..20.Ñ Persons regularly and solely engaged in the operationand administration ofcivilian hospitals,including the personnelengaged in the search for,removal and transporting ofand caringfor wounded and sick civilians,the infirm and maternity cases,shallbe respected and protected.In occupied territory and in zones ofmilitary operations,theabove personnel shall be recognizable by means ofan identity cardcertifying their status,bearing the photograph ofthe holder andembossed with the stamp ofthe responsible authority,and also bymeans ofa stamped,water-resistant armlet which they shall wear onthe left arm while carrying out their duties.This armlet shall beissued by the State and shall bear the emblem provided for inArticle38 ofthe Geneva Convention for the Amelioration oftheCondition ofthe Wounded and Sick in Armed Forces in the Field ofAugust 12,1949.Other personnel who are engaged in the operation andadministration ofcivilian hospitals shall be entitled to respect andprotection and to wear the armlet,as provided in and under theconditions prescribed in this Article,while they are employed onsuch duties.The identity card shall state the duties on which they areemployed.The management ofeach hospital shall at all times hold at thedisposal ofthe competent national or occupying authorities an up-to-date list ofsuch personnel..21.Ñ Convoys ofvehic
les or hospital trains on land orspecially provided vessels on sea,conveying wounded and sickcivilians,the infirm and maternity cases,shall be respected and FOURTH GENEVA CONVENTION OF 1949IV.Discontinu-ance ofprotection ofhospitalsHospital staffLand and seatransport 0031-0330 irl.qxd 2.3.2009 14:20 Page 176 protected in the same manner as the hospitals provided for inArticle 18,and shall be marked,with the consent ofthe State,by thedisplay ofthe distinctive emblem provided for in Article 38 oftheGeneva Convention for the Amelioration ofthe Condition oftheWounded and Sick in Armed Forces in the Field ofAugust 12,1949..22.Ñ Aircraft exclusively employed for the removal ofwounded and sick civilians,the infirm and maternity cases,or forthe transport ofmedical personnel and equipment,shall not beattacked,but shall be respected while flying at heights,times and onroutes specifically agreed upon between all the Parties to the conflictconcerned.They may be marked with the distinctive emblem provided for inArticle 38 ofthe Geneva Convention for the Amelioration oftheCondition ofthe Wounded and Sick in Armed Forces in the Field ofAugust 12,1949.Unless agreed otherwise,flights over enemy or enemy-occupiedterritory are prohibited.Such aircraft shall obey every summons to land.In the event ofalanding thus imposed,the aircraft with its occupants may continueits flight after examination,ifany..23.Ñ Each High Contracting Party shall allow the freepassage ofall consignments ofmedical and hospital stores andobjects necessary for religious worship intended only for civilians ofanother High Contracting Party,even ifthe latter is its adversary.Itshall likewise permit the free passage ofall consignments ofessential foodstuffs,clothing and tonics intended for children underfifteen,expectant mothers and maternity cases.The obligation ofa High Contracting Party to allow the freepassage ofthe consignments indicated in the preceding paragraphis subject to the condition that this Party is satisfied that there are noserious reasons for fearing:that the consignments may be diverted from their destination,that the control may not be effective,orthat a definite advantage
may accrue to the military efforts oreconomy ofthe enemy through the substitution ofthe above-mentioned consignments for goods which would otherwisebe provided or produced by the enemy or through the releaseofsuch material,services or facilities as would otherwise berequired for the production ofsuch goods.The Power which allows the passage ofthe consignmentsindicated in the first paragraph ofthis Article may make such PROTECTION OF CIVILIAN PERSONSAir transportConsignmentsofmedicalsupplies,foodand clothing 0031-0330 irl.qxd 2.3.2009 14:20 Page 177 permission conditional on the distribution to the persons benefitedthereby being made under the local supervision ofthe ProtectingPowers.Such consignments shall be forwarded as rapidly as possible,andthe Power which permits their free passage shall have the right toprescribe the technical arrangements under which such passage isallowed..24.Ñ The Parties to the conflict shall take the necessarymeasures to ensure that children under fifteen,who are orphaned orare separated from their families as a result ofthe war,are not left totheir own resources,and that their maintenance,the exercise oftheirreligion and their education are facilitated in all circumstances.Their education shall,as far as possible,be entrusted to persons ofasimilar cultural tradition.The Parties to the conflict shall facilitate the reception ofsuchchildren in a neutral country for the duration ofthe conflict with theconsent ofthe Protecting Power,ifany,and under due safeguards forthe observance ofthe principles stated in the first paragraph.They shall,furthermore,endeavour to arrange for all childrenunder twelve to be identified by the wearing ofidentity discs,or bysome other means..25.Ñ All persons in the territory ofa Party to the conflict,or in a territory occupied by it,shall be enabled to give news ofastrictly personal nature to members oftheir families,wherever theymay be,and to receive news from them.This correspondence shallbe forwarded speedily and without undue delay.If,as a result ofcircumstances,it becomes difficult or impossibleto exchange family correspondence by the ordinary post,the Partiesto the conflict concerned
shall apply to a neutral intermediary,suchas the Central Agency provided for in Article 140,and shall decidein consultation with it how to ensure the fulfilment oftheirobligations under the best possible conditions,in particular withthe co-operation ofthe National Red Cross (Red Crescent,Red Lionand Sun) Societies.Ifthe Parties to the conflict deem it necessary to restrict familycorrespondence,such restrictions shall be confined to thecompulsory use ofstandard forms containing twenty-five freelychosen words,and to the limitation ofthe number ofthese formsdespatched to one each month..26.Ñ Each Party to the conflict shall facilitate enquiriesmade by members offamilies dispersed owing to the war,with the FOURTH GENEVA CONVENTION OF 1949Measuresrelating tochild welfareFamily newsDispersedfamilies 0031-0330 irl.qxd 2.3.2009 14:20 Page 178 object ofrenewing contact with one another and ofmeeting,ifpossible.It shall encourage,in particular,the work oforganizationsengaged on this task provided they are acceptable to it and conformto its security regulations.PART IIISTATUS AND TREATMENT OF PROTECTED PERSONSSECTION IPROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES.27.Ñ Protected persons are entitled,in all circumstances,torespect for their persons,their honour,their family rights,theirreligious convictions and practices,and their manners and customs.They shall at all times be humanely treated,and shall be protectedespecially against all acts ofviolence or threats thereofand againstinsults and public curiosity.Women shall be especially protected against any attack on theirhonour,in particular against rape,enforced prostitution,or anyform ofindecent assault.Without prejudice to the provisions relating to their state ofhealth,age and sex,all protected persons shall be treated with thesame consideration by the Party to the conflict in whose power theyare,without any adverse distinction based,in particular,on race,religion or political opinion.However,the Parties to the conflict may take such measures ofcontrol and security in regard to protected persons as may benecessary as a result ofthe war..28.Ñ The pre
sence ofa protected person may not be usedto render certain points or areas immune from military operations. PROTECTION OF CIVILIAN PERSONSTreatmentGeneralobservationsDanger zones 0031-0330 irl.qxd 2.3.2009 14:20 Page 179 .29.Ñ The Party to the conflict in whose hands protectedpersons may be,is responsible for the treatment accorded to themby its agents,irrespective ofany individual responsibility which maybe incurred..30.Ñ Protected persons shall have every facility for makingapplication to the Protecting Powers,the International Committeeofthe Red Cross,the National Red Cross (Red Crescent,Red Lionand Sun) Society ofthe country where they may be,as well as to anyorganization that might assist them.These several organizations shall be granted all facilities for thatpurpose by the authorities,within the bounds set by military orsecurity considerations.Apart from the visits ofthe delegates ofthe Protecting Powersand ofthe International Committee ofthe Red Cross,provided forby Article 143,the Detaining or Occupying Powers shall facilitate asmuch as possible visits to protected persons by the representativesofother organizations whose object is to give spiritual aid ormaterial reliefto such persons..31.Ñ No physical or moral coercion shall be exercisedagainst protected persons,in particular to obtain information fromthem or from third parties..32.Ñ The High Contracting Parties specifically agree thateach ofthem is prohibited from taking any measure ofsuch acharacter as to cause the physical suffering or extermination ofprotected persons in their hands.This prohibition applies not onlyto murder,torture,corporal punishment,mutilation and medical orscientific experiments not necessitated by the medical treatment ofa protected person,but also to any other measures ofbrutalitywhether applied by civilian or military agents..33.Ñ No protected person may be punished for an offencehe or she has not personally committed.Collective penalties andlikewise all measures ofintimidation or ofterrorism are prohibited.Pillage is prohibited.Reprisals against protected persons and their property areprohibited..34.Ñ The taking ofhostages is prohibited. FOURTH GENEVA
CONVENTION OF 1949Responsibi-litiesApplicationto ProtectingPowers andrelieforganizationsProhibitionofcoercionProhibitionofcorporalpunishment,torture,etc.Individualresponsibility,collectivepenalties,pillage,reprisalsHostages 0031-0330 irl.qxd 2.3.2009 14:20 Page 180 SECTION IIALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT.35.Ñ All protected persons who may desire to leave theterritory at the outset of,or during a conflict,shall be entitled to doso,unless their departure is contrary to the national interests oftheState.The applications ofsuch persons to leave shall be decided inaccordance with regularly established procedures and the decisionshall be taken as rapidly as possible.Those persons permitted toleave may provide themselves with the necessary funds for theirjourney and take with them a reasonable amount oftheir effects andarticles ofpersonal use.Ifany such person is refused permission to leave the territory,heshall be entitled to have such refusal reconsidered as soon aspossible by an appropriate court or administrative board designatedby the Detaining Power for that purpose.Upon request,representatives ofthe Protecting Power shall,unless reasons ofsecurity prevent it,or the persons concernedobject,be furnished with the reasons for refusal ofany request forpermission to leave the territory and be given,as expeditiously aspossible,the names ofall persons who have been denied permissionto leave..36.Ñ Departures permitted under the foregoing Articleshall be carried out in satisfactory conditions as regards safety,hygiene,sanitation and food.All costs in connection therewith,from the point ofexit in the territory ofthe Detaining Power,shallbe borne by the country ofdestination,or,in the case ofaccommodation in a neutral country,by the Power whose nationalsare benefited.The practical details ofsuch movements may,ifnecessary,be settled by special agreements between the Powersconcerned.The foregoing shall not prejudice such special agreements as maybe concluded between Parties to the conflict concerning theexchange and repatriation oftheir nationals in enemy hands..37.Ñ Protected persons who are confined pendingproceedings or serving a
sentence involving loss ofliberty,shallduring their confinement be humanely treated.As soon as they are released,they may ask to leave the territory inconformity with the foregoing Articles. PROTECTION OF CIVILIAN PERSONSRight to leavethe territoryMethod ofrepatriationPersons inconfinement 0031-0330 irl.qxd 2.3.2009 14:20 Page 181 .38.Ñ With the exception ofspecial measures authorized bythe present Convention,in particular by Articles 27 and 41 thereof,the situation ofprotected persons shall continue to be regulated,inprinciple,by the provisions concerning aliens in time ofpeace.Inany case,the following rights shall be granted to them:1)They shall be enabled to receive the individual or collectivereliefthat may be sent to them.2)They shall,iftheir state ofhealth so requires,receive medicalattention and hospital treatment to the same extent as thenationals ofthe State concerned.3)They shall be allowed to practise their religion and to receivespiritual assistance from ministers oftheir faith.4)Ifthey reside in an area particularly exposed to the dangers ofwar,they shall be authorized to move from that area to thesame extent as the nationals ofthe State concerned.5)Children under fifteen years,pregnant women and mothersofchildren under seven years shall benefit by any preferentialtreatment to the same extent as the nationals ofthe Stateconcerned..39.Ñ Protected persons who,as a result ofthe war,have losttheir gainful employment,shall be granted the opportunity to findpaid employment.That opportunity shall,subject to securityconsiderations and to the provisions ofArticle 40,be equal to thatenjoyed by the nationals ofthe Power in whose territory they are.Where a Party to the conflict applies to a protected personmethods ofcontrol which result in his being unable to supporthimself,and especially ifsuch a person is prevented for reasons ofsecurity from finding paid employment on reasonable conditions,the said Party shall ensure his support and that ofhis dependents.Protected persons may in any case receive allowances from theirhome country,the Protecting Power,or the reliefsocieties referredto in Article 30..40.Ñ Protected persons may be compelled
to work only tothe same extent as nationals ofthe Party to the conflict in whoseterritory they are.Ifprotected persons are ofenemy nationality,they may only becompelled to do work which is normally necessary to ensure thefeeding,sheltering,clothing,transport and health ofhuman beingsand which is not directly related to the conduct ofmilitaryoperations. FOURTH GENEVA CONVENTION OF 1949Means ofexistenceEmploymentNon-repatriatedpersonsGeneralobservations 0031-0330 irl.qxd 2.3.2009 14:20 Page 182 In the cases mentioned in the two preceding paragraphs,protected persons compelled to work shall have the benefit ofthesame working conditions and ofthe same safeguards as nationalworkers,in particular as regards wages,hours oflabour,clothingand equipment,previous training and compensation foroccupational accidents and diseases.Ifthe above provisions are infringed,protected persons shall beallowed to exercise their right ofcomplaint in accordance withArticle 30..41.Ñ Should the Power in whose hands protected personsmay be consider the measures ofcontrol mentioned in the presentConvention to be inadequate,it may not have recourse to any othermeasure ofcontrol more severe than that ofassigned residence orinternment,in accordance with the provisions ofArticles 42 and 43.In applying the provisions ofArticle 39,second paragraph,to thecases ofpersons required to leave their usual places ofresidence byvirtue ofa decision placing them in assigned residence elsewhere,the Detaining Power shall be guided as closely as possible by thestandards ofwelfare set forth in Part III,Section IV ofthisConvention..42.Ñ The internment or placing in assigned residence ofprotected persons may be ordered only ifthe security oftheDetaining Power makes it absolutely necessary.Ifany person,acting through the representatives oftheProtecting Power,voluntarily demands internment,and ifhissituation renders this step necessary,he shall be interned by thePower in whose hands he may be..43.Ñ Any protected person who has been interned orplaced in assigned residence shall be entitled to have such actionreconsidered as soon as possible by an appropriate court oradministrative board designated
by the Detaining Power for thatpurpose.Ifthe internment or placing in assigned residence ismaintained,the court or administrative board shall periodically,and at least twice yearly,give consideration to his or her case,with aview to the favourable amendment ofthe initial decision,ifcircumstances permit.Unless the protected persons concerned object,the DetainingPower shall,as rapidly as possible,give the Protecting Power thenames ofany protected persons who have been interned orsubjected to assigned residence,or who have been released frominternment or assigned residence.The decisions ofthe courts or PROTECTION OF CIVILIAN PERSONSIV.Assignedresidence.InternmentGrounds forinternmentor assignedresidence.VoluntaryinternmentProcedure 0031-0330 irl.qxd 2.3.2009 14:20 Page 183 boards mentioned in the first paragraph ofthe present Article shallalso,subject to the same conditions,be notified as rapidly aspossible to the Protecting Power..44.Ñ In applying the measures ofcontrol mentioned in thepresent Convention,the Detaining Power shall not treat as enemyaliens exclusively on the basis oftheir nationality de jureofanenemy State,refugees who do not,in fact,enjoy the protection ofany government..45.Ñ Protected persons shall not be transferred to a Powerwhich is not a party to the Convention.This provision shall in no way constitute an obstacle to therepatriation ofprotected persons,or to their return to their countryofresidence after the cessation ofhostilities.Protected persons may be transferred by the Detaining Poweronly to a Power which is a party to the present Convention and afterthe Detaining Power has satisfied itselfofthe willingness and abilityofsuch transferee Power to apply the present Convention.Ifprotected persons are transferred under such circumstances,responsibility for the application ofthe present Convention rests onthe Power accepting them,while they are in its custody.Nevertheless,ifthat Power falls to carry out the provisions ofthepresent Convention in any important respect,the Power by whichthe protected persons were transferred shall,upon being so notifiedby the Protecting Power,take effective measures to correct thesituation o
r shall request the return ofthe protected persons.Suchrequest must be complied with.In no circumstances shall a protected person be transferred to acountry where he or she may have reason to fear persecution for hisor her political opinions or religious beliefs.The provisions ofthis Article do not constitute an obstacle to theextradition,in pursuance ofextradition treaties concluded beforethe outbreak ofhostilities,ofprotected persons accused ofoffencesagainst ordinary criminal law..46.Ñ In so far as they have not been previously withdrawn,restrictive measures taken regarding protected persons shall becancelled as soon as possible after the close ofhostilities.Restrictive measures affecting their property shall be cancelled,in accordance with the law ofthe Detaining Power,as soon aspossible after the close ofhostilities. FOURTH GENEVA CONVENTION OF 1949RefugeesTransfer toanotherPowerCancellationofrestrictivemeasures 0031-0330 irl.qxd 2.3.2009 14:20 Page 184 SECTION IIIOCCUPIED TERRITORIES.47.Ñ Protected persons who are in occupied territory shallnot be deprived,in any case or in any manner whatsoever,ofthebenefits ofthe present Convention by any change introduced,as theresult ofthe occupation ofa territory,into the institutions orgovernment ofthe said territory,nor by any agreement concludedbetween the authorities ofthe occupied territories and theOccupying Power,nor by any annexation by the latter ofthe wholeor part ofthe occupied territory..48.Protected persons who are not nationals ofthe Powerwhose territory is occupied,may avail themselves ofthe right to leavethe territory subject to the provisions ofArticle 35,and decisionsthereon shall be taken according to the procedure which theOccupying Power shall establish in accordance with the said Article..49.Ñ Individual or mass forcible transfers,as well asdeportations ofprotected persons from occupied territory to theterritory ofthe Occupying Power or to that ofany other country,occupied or not,are prohibited,regardless oftheir motive.Nevertheless,the Occupying Power may undertake total orpartial evacuation ofa given area ifthe security ofthe population orimperative military reasons so dema
nd.Such evacuations may notinvolve the displacement ofprotected persons outside the bounds ofthe occupied territory except when for material reasons it isimpossible to avoid such displacement.Persons thus evacuated shallbe transferred back to their homes as soon as hostilities in the areain question have ceased.The Occupying Power undertaking such transfers or evacuationsshall ensure,to the greatest practicable extent,that properaccommodation is provided to receive the protected persons,thatthe removals are effected in satisfactory conditions ofhygiene,health,safety and nutrition,and that members ofthe same familyare not separated.The Protecting Power shall be informed ofany transfers andevacuations as soon as they have taken place.The Occupying Power shall not detain protected persons in anarea particularly exposed to the dangers ofwar unless the securityofthe population or imperative military reasons so demand.The Occupying Power shall not deport or transfer parts ofitsown civilian population into the territory it occupies. PROTECTION OF CIVILIAN PERSONSInviolabilityofrightsSpecial cases ofrepatriationDeportations,transfers,evacuations 0031-0330 irl.qxd 2.3.2009 14:20 Page 185 .50.Ñ The Occupying Power shall,with the co-operation ofthe national and local authorities,facilitate the proper working ofallinstitutions devoted to the care and education ofchildren.The Occupying Power shall take all necessary steps to facilitatethe identification ofchildren and the registration oftheir parentage.It may not,in any case,change their personal status,nor enlist themin formations or organizations subordinate to it.Should the local institutions be inadequate for the purpose,theOccupying Power shall make arrangements for the maintenanceand education,ifpossible by persons oftheir own nationality,language and religion,ofchildren who are orphaned or separatedfrom their parents as a result ofthe war and who cannot beadequately cared for by a near relative or friend.A special section ofthe Bureau set up in accordance withArticle136 shall be responsible for taking all necessary steps toidentify children whose identity is in doubt.Particulars oftheirparents or
other near relatives should always be recorded ifavailable.The Occupying Power shall not hinder the application ofanypreferential measures in regard to food,medical care and protectionagainst the effects ofwar,which may have been adopted prior to theoccupation in favour ofchildren under fifteen years,expectantmothers,and mothers ofchildren under seven years..51.The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces.No pressure or propa-ganda which aims at securing voluntary enlistment is permitted.The Occupying Power may not compel protected persons to workunless they are over eighteen years ofage,and then only on workwhich is necessary either for the needs ofthe army ofoccupation,orfor the public utility services,or for the feeding,sheltering,clothing,transportation or health ofthe population ofthe occupied country.Protected persons may not be compelled to undertake any workwhich would involve them in the obligation oftaking part in militaryoperations.The Occupying Power may not compel protected personsto employ forcible means to ensure the security ofthe installationswhere they are performing compulsory labour.The work shall be carried out only in the occupied territorywhere the persons whose services have been requisitioned are.Every such person shall,so far as possible,be kept in his usual placeofemployment.Workers shall be paid a fair wage and the work shallbe proportionate to their physical and intellectual capacities.Thelegislation in force in the occupied country concerning workingconditions,and safeguards as regards,in particular,such matters aswages,hours ofwork,equipment,preliminary training andcompensation for occupational accidents and diseases,shall be FOURTH GENEVA CONVENTION OF 1949Enlistment.LabourChildren 0031-0330 irl.qxd 2.3.2009 14:20 Page 186 applicable to the protected persons assigned to the work referred toin this Article.In no case shall requisition oflabour lead to a mobilization ofworkers in an organization ofa military or semi-military character..52.Ñ No contract,agreement or regulation shall impair theright ofany worker,whether voluntary or not and wherever he maybe,to app
ly to the representatives ofthe Protecting Power in orderto request the said PowerÕs intervention.All measures aiming at creating unemployment or at restricting theopportunities offered to workers in an occupied territory,in order toinduce them to work for the Occupying Power,are prohibited..53.Ñ Any destruction by the Occupying Power ofreal orpersonal property belonging individually or collectively to privatepersons,or to the State,or to other public authorities,or to social orco-operative organizations,is prohibited,except where suchdestruction is rendered absolutely necessary by military operations..54.Ñ The Occupying Power may not alter the status ofpublic officials or judges in the occupied territories,or in any wayapply sanctions to or take any measures ofcoercion ordiscrimination against them,should they abstain from fulfillingtheir functions for reasons ofconscience.This prohibition does not prejudice the application ofthe secondparagraph ofArticle 51.It does not affect the right ofthe OccupyingPower to remove public officials from their posts..55.Ñ To the fullest extent ofthe means available to it,theOccupying Power has the duty ofensuring the food and medicalsupplies ofthe population;it should,in particular,bring in thenecessary foodstuffs,medical stores and other articles iftheresources ofthe occupied territory are inadequate.The Occupying Power may not requisition foodstuffs,articles ormedical supplies available in the occupied territory,except for useby the occupation forces and administration personnel,and thenonly ifthe requirements ofthe civilian population have been takeninto account.Subject to the provisions ofother internationalConventions,the Occupying Power shall make arrangements toensure that fair value is paid for any requisitioned goods.The Protecting Power shall,at any time,be at liberty to verify thestate ofthe food and medical supplies in occupied territories,exceptwhere temporary restrictions are made necessary by imperativemilitary requirements. PROTECTION OF CIVILIAN PERSONSProtection ofworkersProhibiteddestructionJudges and publicofficialsFood and medicalsupplies for thepopulation 0031-0330 irl.qxd 2.3.2009 14:
20 Page 187 .56.Ñ To the fullest extent ofthe means available to it,theOccupying Power has the duty ofensuring and maintaining,withthe co-operation ofnational and local authorities,the medical andhospital establishments and services,public health and hygiene inthe occupied territory,with particular reference to the adoption andapplication ofthe prophylactic and preventive measures necessaryto combat the spread ofcontagious diseases and epidemics.Medicalpersonnel ofall categories shall be allowed to carry out their duties.Ifnew hospitals are set up in occupied territory and ifthecompetent organs ofthe occupied State are not operating there,theoccupying authorities shall,ifnecessary,grant them the recognitionprovided for in Article 18.In similar circumstances,the occupyingauthorities shall also grant recognition to hospital personnel andtransport vehicles under the provisions ofArticles 20 and 21.In adopting measures ofhealth and hygiene and in theirimplementation,the Occupying Power shall take into considerationthe moral and ethical susceptibilities ofthe population oftheoccupied territory..57.Ñ The Occupying Power may requisition civilianhospitals only temporarily and only in cases ofurgent necessity forthe care ofmilitary wounded and sick,and then on condition thatsuitable arrangements are made in due time for the care andtreatment ofthe patients and for the needs ofthe civilian populationfor hospital accommodation.The material and stores ofcivilian hospitals cannot berequisitioned so long as they are necessary for the needs ofthecivilian population..58.Ñ The Occupying Power shall permit ministers ofreligion to give spiritual assistance to the members oftheir religiouscommunities.The Occupying Power shall also accept consignments ofbooksand articles required for religious needs and shall facilitate theirdistribution in occupied territory..59.Ñ Ifthe whole or part ofthe population ofan occupiedterritory is inadequately supplied,the Occupying Power shall agreeto reliefschemes on behalfofthe said population,and shall facilitatethem by all the means at its disposal.Such schemes,which may be undertaken either by States or byimpartial humanitarian
organizations such as the InternationalCommittee ofthe Red Cross,shall consist,in particular,ofthe pro-vision ofconsignments offoodstuffs,medical supplies and clothing. FOURTH GENEVA CONVENTION OF 1949Hygiene andpublic healthRequisitionofhospitalsSpiritualassistanceReliefCollectiverelief 0031-0330 irl.qxd 2.3.2009 14:20 Page 188 All Contracting Parties shall permit the free passage oftheseconsignments and shall guarantee their protection.A Power granting free passage to consignments on their way toterritory occupied by an adverse Party to the conflict shall,however,have the right to search the consignments,to regulate their passageaccording to prescribed times and routes,and to be reasonablysatisfied through the Protecting Power that these consignments areto be used for the reliefofthe needy population and are not to beused for the benefit ofthe Occupying Power..60.Reliefconsignments shall in no way relieve theOccupying Power ofany ofits responsibilities under Articles 55,56and 59.The Occupying Power shall in no way whatsoever divert reliefconsignments from the purpose for which they are intended,exceptin cases ofurgent necessity,in the interests ofthe population oftheoccupied territory and with the consent ofthe Protecting Power..61.Ñ The distribution ofthe reliefconsignments referredto in the foregoing Articles shall be carried out with the co-operation and under the supervision ofthe Protecting Power.Thisduty may also be delegated,by agreement between the OccupyingPower and the Protecting Power,to a neutral Power,to theInternational Committee ofthe Red Cross or to any other impartialhumanitarian body.Such consignments shall be exempt in occupied territory from allcharges,taxes or customs duties unless these are necessary in theinterests ofthe economy ofthe territory.The Occupying Power shallfacilitate the rapid distribution ofthese consignments.All Contracting Parties shall endeavour to permit the transit andtransport,free ofcharge,ofsuch reliefconsignments on their way tooccupied territories..62.Ñ Subject to imperative reasons ofsecurity,protectedpersons in occupied territories shall be permitted to receive theindividual reliefconsignmen
ts sent to them..63.Ñ Subject to temporary and exceptional measuresimposed for urgent reasons ofsecurity by the Occupying Power:recognized National Red Cross (Red Crescent,Red Lion andSun) Societies shall be able to pursue their activities inaccordance with Red Cross Principles,as defined by theInternational Red Cross Conferences.Other reliefsocietiesshall be permitted to continue their humanitarian activitiesunder similar conditions; PROTECTION OF CIVILIAN PERSONSResponsibi-lities oftheOccupyingPowerDistributionIV.IndividualreliefNational Red Crossand otherreliefsocieties 0031-0330 irl.qxd 2.3.2009 14:20 Page 189 the Occupying Power may not require any changes in thepersonnel or structure ofthese societies,which wouldprejudice the aforesaid activities.The same principles shall apply to the activities and personnel ofspecial organizations ofa non-military character,which alreadyexist or which may be established,for the purpose ofensuring theliving conditions ofthe civilian population by the maintenance ofthe essential public utility services,by the distribution ofreliefandby the organization ofrescues..64.Ñ The penal laws ofthe occupied territory shall remainin force,with the exception that they may be repealed or suspendedby the Occupying Power in cases where they constitute a threat to itssecurity or an obstacle to the application ofthe present Convention.Subject to the latter consideration and to the necessity for ensuringthe effective administration ofjustice,the tribunals ofthe occupiedterritory shall continue to function in respect ofall offences coveredby the said laws.The Occupying Power may,however,subject the population ofthe occupied territory to provisions which are essential to enable theOccupying Power to fulfil its obligations under the presentConvention,to maintain the orderly government ofthe territory,and to ensure the security ofthe Occupying Power,ofthe membersand property ofthe occupying forces or administration,andlikewise ofthe establishments and lines ofcommunication used bythem..65.Ñ The penal provisions enacted by the OccupyingPower shall not come into force before they have been publishedand brought to the knowledg
e ofthe inhabitants in their ownlanguage.The effect ofthese penal provisions shall not beretroactive..66.Ñ In case ofa breach ofthe penal provisionspromulgated by it by virtue ofthe second paragraph ofArticle 64,the Occupying Power may hand over the accused to its properlyconstituted,non-political military courts,on condition that the saidcourts sit in the occupied country.Courts ofappeal shall preferablysit in the occupied country..67.Ñ The courts shall apply only those provisions oflawwhich were applicable prior to the offence,and which are inaccordance with general principles oflaw,in particular the principlethat the penalty shall be proportionate to the offence.They shall FOURTH GENEVA CONVENTION OF 1949PenallegislationGeneralobservationsPublicationCompetentcourtsIV.Applicableprovisions 0031-0330 irl.qxd 2.3.2009 14:20 Page 190 take into consideration the fact that the accused is not a national ofthe Occupying Power..68.Ñ Protected persons who commit an offence which issolely intended to harm the Occupying Power,but which does notconstitute an attempt on the life or limb ofmembers oftheoccupying forces or administration,nor a grave collective danger,nor seriously damage the property ofthe occupying forces oradministration or the installations used by them,shall be liable tointernment or simple imprisonment,provided the duration ofsuchinternment or imprisonment is proportionate to the offencecommitted.Furthermore,internment or imprisonment shall,forsuch offences,be the only measure adopted for depriving protectedpersons ofliberty.The courts provided for under Article 66 ofthepresent Convention may at their discretion convert a sentence ofimprisonment to one ofinternment for the same period.The penal provisions promulgated by the Occupying Power inaccordance with Articles 64 and 65 may impose the death penaltyon a protected person only in cases where the person is guilty ofespionage,ofserious acts ofsabotage against the militaryinstallations ofthe Occupying Power or ofintentional offenceswhich have caused the death ofone or more persons,provided thatsuch offences were punishable by death under the law oftheoccupied territory in force befor
e the occupation began.The death penalty may not be pronounced against a protectedperson unless the attention ofthe court has been particularly calledto the fact that since the accused is not a national ofthe OccupyingPower,he is not bound to it by any duty ofallegiance.In any case,the death penalty may not be pronounced against aprotected person who was under eighteen years ofage at the time ofthe offence..69.Ñ In all cases,the duration ofthe period during whicha protected person accused ofan offence is under arrest awaitingtrial or punishment shall be deducted from any period ofimprisonment awarded..70.Ñ Protected persons shall not be arrested,prosecuted orconvicted by the Occupying Power for acts committed or foropinions expressed before the occupation,or during a temporaryinterruption thereof,with the exception ofbreaches ofthe laws andcustoms ofwar.Nationals ofthe Occupying Power who,before the outbreak ofhostilities,have sought refuge in the territory ofthe occupied State, PROTECTION OF CIVILIAN PERSONSPenalties.DeathpenaltyDeductionfromsentence ofperiod spentunder arrestOffencescommittedbeforeoccupation 0031-0330 irl.qxd 2.3.2009 14:20 Page 191 shall not be arrested,prosecuted,convicted or deported from theoccupied territory,except for offences committed after the outbreakofhostilities,or for offences under common law committed beforethe outbreak ofhostilities which,according to the law oftheoccupied State,would have justified extradition in time ofpeace..71.Ñ No sentence shall be pronounced by the competentcourts ofthe Occupying Power except after a regular trial.Accused persons who are prosecuted by the Occupying Powershall be promptly informed,in writing,in a language which theyunderstand,ofthe particulars ofthe charges preferred against them,and shall be brought to trial as rapidly as possible.The ProtectingPower shall be informed ofall proceedings instituted by theOccupying Power against protected persons in respect ofchargesinvolving the death penalty or imprisonment for two years or more;it shall be enabled,at any time,to obtain information regarding thestate ofsuch proceedings.Furthermore,the Protecting Power shallbe entitled,
on request,to be furnished with all particulars oftheseand ofany other proceedings instituted by the Occupying Poweragainst protected persons.The notification to the Protecting Power,as provided for in thesecond paragraph above,shall be sent immediately,and shall in anycase reach the Protecting Power three weeks before the date ofthefirst hearing.Unless,at the opening ofthe trial,evidence issubmitted that the provisions ofthis Article are fully complied with,the trial shall not proceed.The notification shall include thefollowing particulars:description ofthe accused;place ofresidence or detention;specification ofthe charge or charges (with mention ofthepenal provisions under which it is brought);designation ofthe court which will hear the case;place and date ofthe first hearing..72.Ñ Accused persons shall have the right to presentevidence necessary to their defence and may,in particular,callwitnesses.They shall have the right to be assisted by a qualifiedadvocate or counsel oftheir own choice,who shall be able to visitthem freely and shall enjoy the necessary facilities for preparing thedefence.Failing a choice by the accused,the Protecting Power mayprovide him with an advocate or counsel.When an accused person FOURTH GENEVA CONVENTION OF 1949PenalprocedureGeneralobservationsRight ofdefence 0031-0330 irl.qxd 2.3.2009 14:20 Page 192 has to meet a serious charge and the Protecting Power is notfunctioning,the Occupying Power,subject to the consent oftheaccused,shall provide an advocate or counsel.Accused persons shall,unless they freely waive such assistance,be aided by an interpreter,both during preliminary investigationand during the hearing in court.They shall have the right at anytime to object to the interpreter and to ask for his replacement..73.Ñ A convicted person shall have the right ofappealprovided for by the laws applied by the court.He shall be fullyinformed ofhis right to appeal or petition and ofthe time limitwithin 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 thecourt make no provision for appeals,the convicted person shallhave
the right to petition against the finding and sentence to thecompetent authority ofthe Occupying Power..74.Ñ Representatives ofthe Protecting Power shall have theright to attend the trial ofany protected person,unless the hearinghas,as an exceptional measure,to be held in camerain the interestsofthe security ofthe Occupying Power,which shall then notify theProtecting Power.A notification in respect ofthe date and place oftrial shall be sent to the Protecting Power.Any judgment involving a sentence ofdeath,or imprisonment fortwo years or more,shall be communicated,with the relevantgrounds,as rapidly as possible to the Protecting Power.Thenotification shall contain a reference to the notification made underArticle 71,and,in the case ofsentences ofimprisonment,the nameofthe place where the sentence is to be served.A record ofjudgments other than those referred to above shall be kept by thecourt and shall be open to inspection by representatives oftheProtecting Power.Any period allowed for appeal in the case ofsentences involving the death penalty,or imprisonment oftwo yearsor more,shall not run until notification ofjudgment has beenreceived by the Protecting Power..75.Ñ In no case shall persons condemned to death bedeprived ofthe right ofpetition for pardon or reprieve.No death sentence shall be carried out before the expiration ofaperiod ofat least six months from the date ofreceipt by theProtecting Power ofthe notification ofthe final judgmentconfirming such death sentence,or ofan order denying pardon orreprieve. PROTECTION OF CIVILIAN PERSONSRight ofappealIV.Assistance by theProtectingPowerDeathsentence 0031-0330 irl.qxd 2.3.2009 14:20 Page 193 The six months period ofsuspension ofthe death sentenceherein prescribed may be reduced in individual cases incircumstances ofgrave emergency involving an organized threat tothe security ofthe Occupying Power or its forces,provided alwaysthat the Protecting Power is notified ofsuch reduction and is givenreasonable time and opportunity to make representations to thecompetent occupying authorities in respect ofsuch death sentences..76.Ñ Protected persons accused ofoffences shall bedetained in the occupi
ed country,and ifconvicted they shall servetheir sentences therein.They shall,ifpossible,be separated fromother detainees and shall enjoy conditions offood and hygienewhich will be sufficient to keep them in good health,and which willbe at least equal to those obtaining in prisons in the occupiedcountry.They shall receive the medical attention required by their state ofhealth.They shall also have the right to receive any spiritual assistancewhich they may require.Women shall be confined in separate quarters and shall be underthe direct supervision ofwomen.Proper regard shall be paid to the special treatment due tominors.Protected persons who are detained shall have the right to bevisited by delegates ofthe Protecting Power and ofthe InternationalCommittee ofthe Red Cross,in accordance with the provisions ofArticle 143.Such persons shall have the right to receive at least one reliefparcel monthly..77.Ñ Protected persons who have been accused ofoffencesor convicted by the courts in occupied territory,shall be handedover at the close ofoccupation,with the relevant records,to theauthorities ofthe liberated territory..78.Ñ Ifthe Occupying Power considers it necessary,forimperative reasons ofsecurity,to take safety measures concerningprotected persons,it may,at the most,subject them to assignedresidence or to internment.Decisions regarding such assigned residence or internment shallbe made according to a regular procedure to be prescribed by theOccupying Power in accordance with the provisions ofthe presentConvention.This procedure shall include the right ofappeal for theparties concerned.Appeals shall be decided with the least possible FOURTH GENEVA CONVENTION OF 1949Treatment ofdetaineesHanding overofdetaineesat the close ofoccupationSecuritymeasures.Internmentand assignedresidence.Right ofappeal 0031-0330 irl.qxd 2.3.2009 14:20 Page 194 delay.In the event ofthe decision being upheld,it shall be subject toperiodical review,ifpossible every six months,by a competent bodyset up by the said Power.Protected persons made subject to assigned residence and thusrequired to leave their homes shall enjoy the full benefit ofArticle 39ofthe present Conventi
on.SECTION IVREGULATIONS FOR THE TREATMENT OF INTERNEESGeneral Provisions.79.Ñ The Parties to the conflict shall not intern protectedpersons,except in accordance with the provisions ofArticles 41,42,43,68 and 78..80.Ñ Internees shall retain their full civil capacity and shallexercise such attendant rights as may be compatible with theirstatus..81.Ñ Parties to the conflict who intern protected personsshall be bound to provide free ofcharge for their maintenance,andto grant them also the medical attention required by their state ofhealth.No deduction from the allowances,salaries or credits due to theinternees shall be made for the repayment ofthese costs.The Detaining Power shall provide for the support ofthosedependent on the internees,ifsuch dependents are withoutadequate means ofsupport or are unable to earn a living..82.Ñ The Detaining Power shall,as far as possible,accommodate the internees according to their nationality,language PROTECTION OF CIVILIAN PERSONSCases ofinternmentand applicableprovisionsCivil capacityMaintenanceGrouping ofinternees 0031-0330 irl.qxd 2.3.2009 14:20 Page 195 and customs.Internees who are nationals ofthe same country shallnot be separated merely because they have different languages.Throughout the duration oftheir internment,members ofthesame family,and in particular parents and children,shall be lodgedtogether in the same place ofinternment,except when separation ofa temporary nature is necessitated for reasons ofemployment orhealth or for the purposes ofenforcement ofthe provisions ofChapter IX ofthe present Section.Internees may request that theirchildren who are left at liberty without parental care shall beinterned with them.Wherever possible,interned members ofthe same family shall behoused in the same premises and given separate accommodationfrom other internees,together with facilities for leading a properfamily life.Places ofInternment.83.Ñ The Detaining Power shall not set up places ofinternment in areas particularly exposed to the dangers ofwar.The Detaining Power shall give the enemy Powers,through theintermediary ofthe Protecting Powers,all useful informationregarding the geographical location ofpl
aces ofinternment.Whenever military considerations permit,internment campsshall be indicated by the letters IC,placed so as to be clearly visiblein the daytime from the air.The Powers concerned may,however,agree upon any other system ofmarking.No place other than aninternment camp shall be marked as such..84.Ñ Internees shall be accommodated and administeredseparately from prisoners ofwar and from persons deprived ofliberty for any other reason..85.Ñ The Detaining Power is bound to take all necessaryand possible measures to ensure that protected persons shall,fromthe outset oftheir internment,be accommodated in buildings orquarters which afford every possible safeguard as regards hygieneand health,and provide efficient protection against the rigours ofthe climate and the effects ofthe war.In no case shall permanentplaces ofinternment be situated in unhealthy areas or in districts FOURTH GENEVA CONVENTION OF 1949Location ofplaces ofinternment.Marking ofcampsSeparateinternmentAccommoda-tion,hygiene 0031-0330 irl.qxd 2.3.2009 14:20 Page 196 the climate ofwhich is injurious to the internees.In all cases wherethe district,in which a protected person is temporarily interned,isin an unhealthy area or has a climate which is harmful to his health,he shall be removed to a more suitable place ofinternment asrapidly as circumstances permit.The premises shall be fully protected from dampness,adequatelyheated and lighted,in particular between dusk and lights out.Thesleeping quarters shall be sufficiently spacious and well ventilated,and the internees shall have suitable bedding and sufficientblankets,account being taken ofthe climate,and the age,sex,andstate ofhealth ofthe internees.Internees shall have for their use,day and night,sanitaryconveniences which conform to the rules ofhygiene and areconstantly maintained in a state ofcleanliness.They shall beprovided with sufficient water and soap for their daily personaltoilet and for washing their personal laundry;installations andfacilities necessary for this purpose shall be granted to them.Showers or baths shall also be available.The necessary time shall beset aside for washing and for cleaning.Whenever i
t is necessary,as an exceptional and temporarymeasure,to accommodate women internees who are not membersofa family unit in the same place ofinternment as men,theprovision ofseparate sleeping quarters and sanitary conveniencesfor the use ofsuch women internees shall be obligatory..86.Ñ The Detaining Power shall place at the disposal ofinterned persons,ofwhatever denomination,premises suitable forthe holding oftheir religious services..87.Ñ Canteens shall be installed in every place ofinternment,except where other suitable facilities are available.Theirpurpose shall be to enable internees to make purchases,at prices nothigher than local market prices,offoodstuffs and articles ofeveryday use,including soap and tobacco,such as would increasetheir personal well-being and comfort.Profits made by canteens shall be credited to a welfare fund to beset up for each place ofinternment,and administered for the benefitofthe internees attached to such place ofinternment.The InterneeCommittee provided for in Article 102 shall have the right to checkthe management ofthe canteen and ofthe said fund.When a place ofinternment is closed down,the balance ofthewelfare fund shall be transferred to the welfare fund ofa place ofinternment for internees ofthe same nationality,or,ifsuch a placedoes not exist,to a central welfare fund which shall be administered PROTECTION OF CIVILIAN PERSONSPremises for religionsservicesCanteens 0031-0330 irl.qxd 2.3.2009 14:20 Page 197 for the benefit ofall internees remaining in the custody oftheDetaining Power.In case ofa general release,the said profits shall bekept by the Detaining Power,subject to any agreement to thecontrary between the Powers concerned..88.Ñ In all places ofinternment exposed to air raids andother hazards ofwar,shelters adequate in number and structure toensure the necessary protection shall be installed.In case ofalarms,the internees shall be free to enter such shelters as quickly aspossible,excepting those who remain for the protection oftheirquarters against the aforesaid hazards.Any protective measurestaken in favour ofthe population shall also apply to them.All due precautions must be taken in places ofint
ernment againstthe danger offire.Food and Clothing.89.Ñ Daily food rations for internees shall be sufficient inquantity,quality and variety to keep internees in a good state ofhealth and prevent the development ofnutritional deficiencies.Account shall also be taken ofthe customary diet ofthe internees.Internees shall also be given the means by which they can preparefor themselves any additional food in their possession.Sufficient drinking water shall be supplied to internees.The useoftobacco shall be permitted.Internees who work shall receive additional rations in proportionto the kind oflabour which they perform.Expectant and nursing mothers and children under fifteen yearsofage shall be given additional food,in proportion to theirphysiological needs..90.Ñ When taken into custody,internees shall be given allfacilities to provide themselves with the necessary clothing,footwear and change ofunderwear,and later on,to procure furthersupplies ifrequired.Should any internees not have sufficientclothing,account being taken ofthe climate,and be unable toprocure any,it shall be provided free ofcharge to them by theDetaining Power. FOURTH GENEVA CONVENTION OF 1949Air raidshelters.ProtectivemeasuresFoodClothing 0031-0330 irl.qxd 2.3.2009 14:20 Page 198 The clothing supplied by the Detaining Power to internees andthe outward markings placed on their own clothes shall not beignominious nor expose them to ridicule.Workers shall receive suitable working outfits,includingprotective clothing,whenever the nature oftheir work so requires.Hygiene and Medical Attention.91.Ñ Every place ofinternment shall have an adequateinfirmary,under the direction ofa qualified doctor,where interneesmay have the attention they require,as well as an appropriate diet.Isolation wards shall be set aside for cases ofcontagious or mentalMaternity cases and internees suffering from serious diseases,orwhose condition requires special treatment,a surgical operation orhospital care,must be admitted to any institution where adequatetreatment can be given and shall receive care not inferior to thatprovided for the general population.Internees shall,for preference,have the attention ofmed
icalpersonnel oftheir own nationality.Internees may not be prevented from presenting themselves tothe medical authorities for examination.The medical authorities ofthe Detaining Power shall,upon request,issue to every internee whohas undergone treatment an official certificate showing the natureofhis illness or injury,and the duration and nature ofthe treatmentgiven.A duplicate ofthis certificate shall be forwarded to theCentral Agency provided for in Article 140.Treatment,including the provision ofany apparatus necessaryfor the maintenance ofinternees in good health,particularlydentures and other artificial appliances and spectacles,shall be freeofcharge to the internee..92.Ñ Medical inspections ofinternees shall be made atleast once a month.Their purpose shall be,in particular,tosupervise the general state ofhealth,nutrition and cleanliness ofinternees,and to detect contagious diseases,especially tuberculosis,malaria,and venereal diseases.Such inspections shall include,inparticular,the checking ofweight ofeach internee and,at least oncea year,radioscopic examination. PROTECTION OF CIVILIAN PERSONSMedicalattentionMedicalinspections 0031-0330 irl.qxd 2.3.2009 14:20 Page 199 Religious,Intellectual and Physical Activities.93.Ñ Internees shall enjoy complete latitude in the exerciseoftheir religious duties,including attendance at the services oftheirfaith,on condition that they comply with the disciplinary routineprescribed by the detaining authorities.Ministers ofreligion who are interned shall be allowed to ministerfreely to the members oftheir community.For this purpose,theDetaining Power shall ensure their equitable allocation amongst thevarious places ofinternment in which there are internees speakingthe same language and belonging to the same religion.Should suchministers be too few in number,the Detaining Power shall providethem with the necessary facilities,including means oftransport,formoving from one place to another,and they shall be authorized tovisit any internees who are in hospital.Ministers ofreligion shall beat liberty to correspond on matters concerning their ministry withthe religious authorities in the country ofdetention a
nd,as far aspossible,with the international religious organizations oftheir faith.Such correspondence shall not be considered as forming a part ofthequota mentioned in Article107.It shall,however,be subject to theprovisions ofArticle112.When internees do not have at their disposal the assistance ofministers oftheir faith,or should these latter be too few in number,the local religious authorities ofthe same faith may appoint,inagreement with the Detaining Power,a minister ofthe interneesÕfaith or,ifsuch a course is feasible from a denominational point ofview,a minister ofsimilar religion or a qualified layman.The lattershall enjoy the facilities granted to the ministry he has assumed.Persons so appointed shall comply with all regulations laid down bythe Detaining Power in the interests ofdiscipline and security..94.Ñ The Detaining Power shall encourage intellectual,educational and recreational pursuits,sports and games amongstinternees,whilst leaving them free to take part in them or not.Itshall take all practicable measures to ensure the exercise thereof,inparticular by providing suitable premises.All possible facilities shall be granted to internees to continuetheir studies or to take up new subjects.The education ofchildrenand young people shall be ensured;they shall be allowed to attendschools either within the place ofinternment or outside.Internees shall be given opportunities for physical exercise,sports and outdoor games.For this purpose,sufficient open spaces FOURTH GENEVA CONVENTION OF 1949ReligiousdutiesRecreation,study,sportsand games 0031-0330 irl.qxd 2.3.2009 14:20 Page 200 shall be set aside in all places ofinternment.Special playgroundsshall be reserved for children and young people..95.Ñ The Detaining Power shall not employ internees asworkers,unless they so desire.Employment which,ifundertakenunder compulsion by a protected person not in internment,wouldinvolve a breach ofArticles 40 or 51 ofthe present Convention,andemployment on work which is ofa degrading or humiliatingcharacter are in any case prohibited.After a working period ofsix weeks,internees shall be free to giveup work at any moment,subject to eight daysÕnotice.T
hese provisions constitute no obstacle to the right oftheDetaining Power to employ interned doctors,dentists and othermedical personnel in their professional capacity on behalfoftheirfellow internees,or to employ internees for administrative andmaintenance work in places ofinternment and to detail suchpersons for work in the kitchens or for other domestic tasks,or torequire such persons to undertake duties connected with theprotection ofinternees against aerial bombardment or other warrisks.No internee may,however,be required to perform tasks forwhich he is,in the opinion ofa medical officer,physically unsuited.The Detaining Power shall take entire responsibility for allworking conditions,for medical attention,for the payment ofwages,and for ensuring that all employed internees receivecompensation for occupational accidents and diseases.Thestandards prescribed for the said working conditions and forcompensation shall be in accordance with the national laws andregulations,and with the existing practice;they shall in no case beinferior to those obtaining for work ofthe same nature in the samedistrict.Wages for work done shall be determined on an equitablebasis by special agreements between the internees,the DetainingPower,and,ifthe case arises,employers other than the DetainingPower,due regard being paid to the obligation ofthe DetainingPower to provide for free maintenance ofinternees and for themedical attention which their state ofhealth may require.Interneespermanently detailed for categories ofwork mentioned in the thirdparagraph ofthis Article shall be paid fair wages by the DetainingPower.The working conditions and the scale ofcompensation foroccupational accidents and diseases to internees,thus detailed,shallnot be inferior to those applicable to work ofthe same nature in thesame district..96.Ñ All labour detachments shall remain part ofanddependent upon a place ofinternment.The competent authorities PROTECTION OF CIVILIAN PERSONSWorkingconditionsLabourdetachments 0031-0330 irl.qxd 2.3.2009 14:20 Page 201 ofthe Detaining Power and the commandant ofa place ofinternment shall be responsible for the observance in a labourdetachment ofthe
provisions ofthe present Convention.Thecommandant shall keep an up-to-date list ofthe labourdetachments subordinate to him and shall communicate it to thedelegates ofthe Protecting Power,ofthe International Committee ofthe Red Cross and ofother humanitarian organizations who mayvisit the places ofinternment.Personal Property and Financial Resources.97.Ñ Internees shall be permitted to retain articles ofpersonal use.Monies,cheques,bonds,etc.,and valuables in theirpossession may not be taken from them except in accordance withestablished procedure.Detailed receipts shall be given therefor.The amounts shall be paid into the account ofevery internee asprovided for in Article 98.Such amounts may not be converted intoany other currency unless legislation in force in the territory inwhich the owner is interned so requires or the internee gives hisconsent.Articles which have above all a personal or sentimental value maynot be taken away.A woman internee shall not be searched except by a woman.On release or repatriation,internees shall be given all articles,monies or other valuables taken from them during internment andshall receive in currency the balance ofany credit to their accountskept in accordance with Article 98,with the exception ofany articlesor amounts withheld by the Detaining Power by virtue ofitslegislation in force.Ifthe property ofan internee is so withheld,theowner shall receive a detailed receipt.Family or identity documents in the possession ofinternees maynot be taken away without a receipt being given.At no time shallinternees be left without identity documents.Ifthey have none,theyshall be issued with special documents drawn up by the detainingauthorities,which will serve as their identity papers until the end oftheir internment.Internees may keep on their persons a certain amount ofmoney,in cash or in the shape ofpurchase coupons,to enable them to makepurchases. FOURTH GENEVA CONVENTION OF 1949Valuablesand personaleffects 0031-0330 irl.qxd 2.3.2009 14:20 Page 202 .98.Ñ All internees shall receive regular allowances,sufficient to enable them to purchase goods and articles,such astobacco,toilet requisites,etc.Such allowances may
take the form ofcredits or purchase coupons.Furthermore,internees may receive allowances from the Powerto which they owe allegiance,the Protecting Powers,theorganizations which may assist them,or their families,as well as theincome on their property in accordance with the law oftheDetaining Power.The amount ofallowances granted by the Power towhich they owe allegiance shall be the same for each category ofinternees (infirm,sick,pregnant women,etc.),but may not beallocated by that Power or distributed by the Detaining Power onthe basis ofdiscriminations between internees which are prohibitedby Article 27 ofthe present Convention.The Detaining Power shall open a regular account for everyinternee,to which shall be credited the allowances named in thepresent Article,the wages earned and the remittances received,together with such sums taken from him as may be available underthe legislation in force in the territory in which he is interned.Internees shall be granted all facilities consistent with the legislationin force in such territory to make remittances to their families and toother dependants.They may draw from their accounts the amountsnecessary for their personal expenses,within the limits fixed by theDetaining Power.They shall at all times be afforded reasonablefacilities for consulting and obtaining copies oftheir accounts.Astatement ofaccounts shall be furnished to the Protecting Power onrequest,and shall accompany the internee in case oftransfer.Administration and Discipline.99.Ñ Every place ofinternment shall be put under theauthority ofa responsible officer,chosen from the regular militaryforces or the regular civil administration ofthe Detaining Power.The officer in charge ofthe place ofinternment must have in hispossession a copy ofthe present Convention in the official language,or one ofthe official languages,ofhis country and shall beresponsible for its application.The staffin control ofinternees shallbe instructed in the provisions ofthe present Convention and oftheadministrative measures adopted to ensure its application. PROTECTION OF CIVILIAN PERSONSFinancialresources andindividualaccountsCampadministra-tion.Posting oftheConvent
ionand oforders 0031-0330 irl.qxd 2.3.2009 14:20 Page 203 The text ofthe present Convention and the texts ofspecialagreements concluded under the said Convention shall be postedinside the place ofinternment,in a language which the interneesunderstand,or shall be in the possession ofthe Internee Committee.Regulations,orders,notices and publications ofevery kind shallbe communicated to the internees and posted inside the places ofinternment,in a language which they understand.Every order and command addressed to internees individuallymust likewise be given in a language which they understand..100.Ñ The disciplinary regime in places ofinternmentshall be consistent with humanitarian principles,and shall in nocircumstances include regulations imposing on internees anyphysical exertion dangerous to their health or involving physical ormoral victimization.Identification by tattooing or imprinting signsor markings on the body,is prohibited.In particular,prolonged standing and roll-calls,punishmentdrill,military drill and manÏuvres,or the reduction offoodrations,are prohibited..101.Ñ Internees shall have the right to present to theauthorities in whose power they are,any petition with regard to theconditions ofinternment to which they are subjected.They shall also have the right to apply without restrictionthrough the Internee Committee or,ifthey consider it necessary,direct to the representatives ofthe Protecting Power,in order toindicate to them any points on which they may have complaints tomake with regard to the conditions ofinternment.Such petitions and complaints shall be transmitted forthwith andwithout alteration,and even ifthe latter are recognized to beunfounded,they may not occasion any punishment.Periodic reports on the situation in places ofinternment and asto the needs ofthe internees may be sent by the InterneeCommittees to the representatives ofthe Protecting Powers..102.Ñ In every place ofinternment,the internees shallfreely elect by secret ballot every six months,the members ofaCommittee empowered to represent them before the Detaining andthe Protecting Powers,the International Committee ofthe RedCross and any other organization whi
ch may assist them.Themembers ofthe Committee shall be eligible for re-election.Internees so elected shall enter upon their duties after theirelection has been approved by the detaining authorities.Thereasons for any refusals or dismissals shall be communicated to theProtecting Powers concerned. FOURTH GENEVA CONVENTION OF 1949GeneraldisciplineComplaintsand petitionsInterneeCommitteesElection ofmembers 0031-0330 irl.qxd 2.3.2009 14:20 Page 204 .103.Ñ The Internee Committees shall further the physical,spiritual and intellectual well-being ofthe internees.In case the internees decide,in particular,to organize a system ofmutual assistance amongst themselves,this organization would bewithin the competence ofthe Committees in addition to the specialduties entrusted to them under other provisions ofthe presentConvention..104.Ñ Members ofInternee Committees shall not berequired to perform any other work,ifthe accomplishment oftheirduties is rendered more difficult thereby.Members ofInternee Committees may appoint from amongstthe internees such assistants as they may require.All materialfacilities shall be granted to them,particularly a certain freedom ofmovement necessary for the accomplishment oftheir duties (visitsto labour detachments,receipt ofsupplies,etc.).All facilities shall likewise be accorded to members ofInterneeCommittees for communication by post and telegraph with thedetaining authorities,the Protecting Powers,the InternationalCommittee ofthe Red Cross and their delegates,and with theorganizations which give assistance to internees,Committeemembers in labour detachments shall enjoy similar facilities forcommunication with their Internee Committee in the principalplace ofinternment.Such communications shall not be limited,norconsidered as forming a part ofthe quota mentioned in Article 107.Members ofInternee Committees who are transferred shall beallowed a reasonable time to acquaint their successors with currentaffairs.Relations with the Exterior.105.Ñ Immediately upon interning protected persons,theDetaining Powers shall inform them,the Power to which they oweallegiance and their Protecting Power ofthe measures taken forexecuting th
e provisions ofthe present Chapter.The DetainingPowers shall likewise inform the Parties concerned ofanysubsequent modifications ofsuch measures. PROTECTION OF CIVILIAN PERSONSDutiesPrerogativesNotificationofmeasurestaken 0031-0330 irl.qxd 2.3.2009 14:20 Page 205 .106.As soon as he is interned,or at the latest not morethan one week after his arrival in a place ofinternment,and likewisein cases ofsickness or transfer to another place ofinternment or to ahospital,every internee shall be enabled to send direct to his family,on the one hand,and to the Central Agency provided for byArticle140,on the other,an internment card similar,ifpossible,tothe model annexed to the present Convention,informing his relativesofhis detention,address and state ofhealth.The said cards shall beforwarded as rapidly as possible and may not be delayed in any way..107.Ñ Internees shall be allowed to send and receive lettersand cards.Ifthe Detaining Power deems it necessary to limit thenumber ofletters and cards sent by each internee,the said numbershall not be less than two letters and four cards monthly;these shallbe drawn up so as to conform as closely as possible to the modelsannexed to the present Convention.Iflimitations must be placed onthe correspondence addressed to internees,they may be orderedonly by the Power to which such internees owe allegiance,possiblyat the request ofthe Detaining Power.Such letters and cards must beconveyed with reasonable despatch;they may not be delayed orretained for disciplinary reasons.Internees who have been a long time without news,or who find itimpossible to receive news from their relatives,or to give them newsby the ordinary postal route,as well as those who are at aconsiderable distance from their homes,shall be allowed to sendtelegrams,the charges being paid by them in the currency at theirdisposal.They shall likewise benefit by this provision in cases whichare recognized to be urgent.As a rule,interneesÕmail shall be written in their own language.The Parties to the conflict may authorize correspondence in otherlanguages..108.Ñ Internees shall be allowed to receive,by post or byany other means,individual parcels or collecti
ve shipmentscontaining in particular foodstuffs,clothing,medical supplies,aswell as books and objects ofa devotional,educational orrecreational character which may meet their needs.Such shipmentsshall in no way free the Detaining Power from the obligationsimposed upon it by virtue ofthe present Convention.Should military necessity require the quantity ofsuch shipmentsto be limited,due notice thereofshall be given to the ProtectingPower and to the International Committee ofthe Red Cross,or toany other organization giving assistance to the internees andresponsible for the forwarding ofsuch shipments. FOURTH GENEVA CONVENTION OF 1949InternmentcardCorrespon-denceReliefshipmentsGeneralprinciples 0031-0330 irl.qxd 2.3.2009 14:20 Page 206 The conditions for the sending ofindividual parcels andcollective shipments shall,ifnecessary,be the subject ofspecialagreements between the Powers concerned,which may in no casedelay the receipt by the internees ofreliefsupplies.Parcels ofclothing and foodstuffs may not include books.Medical reliefsupplies shall,as a rule,be sent in collective parcels..109.Ñ In the absence ofspecial agreements between Partiesto the conflict regarding the conditions for the receipt anddistribution ofcollective reliefshipments,the regulationsconcerning collective reliefwhich are annexed to the presentConvention shall be applied.The special agreements provided for above shall in no caserestrict the right ofInternee Committees to take possession ofcollective reliefshipments intended for internees,to undertake theirdistribution and to dispose ofthem in the interests ofthe recipients.Nor shall such agreements restrict the right ofrepresentatives ofthe Protecting Powers,the International Committee ofthe RedCross,or any other organization giving assistance to internees andresponsible for the forwarding ofcollective shipments,to supervisetheir distribution to the recipients..110.Ñ All reliefshipments for internees shall be exemptfrom import,customs and other dues.All matter sent by mail,including reliefparcels sent by parcel postand remittances ofmoney,addressed from other countries tointernees or despatched by them through the post offic
e,eitherdirect or through the Information Bureaux provided for inArticle136 and the Central Information Agency provided for inArticle140,shall be exempt from all postal dues both in thecountries oforigin and destination and in intermediate countries.To this end,in particular,the exemption provided by the UniversalPostal Convention of1947 and by the agreements ofthe UniversalPostal Union in favour ofcivilians ofenemy nationality detained incamps or civilian prisons,shall be extended to the other internedpersons protected by the present Convention.The countries notsignatory to the above-mentioned agreements shall be bound togrant freedom from charges in the same circumstances.The cost oftransporting reliefshipments which are intended forinternees and which,by reason oftheir weight or any other cause,cannot be sent through the post office,shall be borne by theDetaining Power in all the territories under its control.OtherPowers which are Parties to the present Convention shall bear thecost oftransport in their respective territories. PROTECTION OF CIVILIAN PERSONSCollectivereliefExemptionfrom postalandtransportcharges 0031-0330 irl.qxd 2.3.2009 14:20 Page 207 Costs connected with the transport ofsuch shipments,which arenot covered by the above paragraphs,shall be charged to the senders.The High Contracting Parties shall endeavour to reduce,so far aspossible,the charges for telegrams sent by internees,or addressed tothem..111.Should military operations prevent the Powersconcerned from fulfilling their obligation to ensure the conveyance ofthe mail and reliefshipments provided for in Articles 106,107,108and 113,the Protecting Powers concerned,the InternationalCommittee ofthe Red Cross or any other organization duly approvedby the Parties to the conflict may undertake the conveyance ofsuchshipments by suitable means (rail,motor vehicles,vessels or aircraft,etc.).For this purpose,the High Contracting Parties shall endeavourto 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:correspondence,lists and reports exchanged between theCentral Information
Agency referred to in Article 140 and theNational Bureaux referred to in Article 136;correspondence and reports relating to internees which theProtecting Powers,the International Committee ofthe RedCross or any other organization assisting the internees exchangeeither with their own delegates or with the Parties to the conflict.These provisions in no way detract from the right ofany Party tothe conflict to arrange other means oftransport ifit should soprefer,nor preclude the granting ofsafe-conducts,under mutuallyagreed conditions,to such means oftransport.The costs occasioned by the use ofsuch means oftransport shallbe borne,in proportion to the importance ofthe shipments,by theParties to the conflict whose nationals are benefited thereby..112.The censoring ofcorrespondence addressed tointernees or despatched by them shall be done as quickly as possible.The examination ofconsignments intended for internees shallnot be carried out under conditions that will expose the goodscontained in them to deterioration.It shall be done in the presenceofthe addressee,or ofa fellow-internee duly delegated by him.Thedelivery to internees ofindividual or collective consignments shallnot be delayed under the pretext ofdifficulties ofcensorship.Any prohibition ofcorrespondence ordered by the Parties to theconflict either for military or political reasons,shall be onlytemporary and its duration shall be as short as possible. FOURTH GENEVA CONVENTION OF 1949Specialmeans oftransportCensorshipandexamination 0031-0330 irl.qxd 2.3.2009 14:20 Page 208 .113.Ñ The Detaining Powers shall provide all reasonablefacilities for the transmission,through the Protecting Power or theCentral Agency provided for in Article 140,or as otherwiserequired,ofwills,powers ofattorney,letters ofauthority,or anyother documents intended for internees or despatched by them.In all cases the Detaining Powers shall facilitate the execution andauthentication in due legal form ofsuch documents on behalfofinternees,in particular by allowing them to consult a lawyer..114.Ñ The Detaining Power shall afford internees allfacilities to enable them to manage their property,provided this isnot incompat
ible with the conditions ofinternment and the lawwhich is applicable.For this purpose,the said Power may give thempermission to leave the place ofinternment in urgent cases and ifcircumstances allow..115.Ñ In all cases where an internee is a party toproceedings in any court,the Detaining Power shall,ifhe sorequests,cause the court to be informed ofhis detention and shall,within legal limits,ensure that all necessary steps are taken toprevent him from being in any way prejudiced,by reason ofhisinternment,as regards the preparation and conduct ofhis case or asregards the execution ofany judgment ofthe court..116.Ñ Every internee shall be allowed to receive visitors,especially near relatives,at regular intervals and as frequently aspossible.As far as is possible,internees shall be permitted to visit theirhomes in urgent cases,particularly in cases ofdeath or seriousillness ofrelatives.Penal and Disciplinary Sanctions.117.Ñ Subject to the provisions ofthe present Chapter,the laws in force in the territory in which they are detained willcontinue to apply to internees who commit offences during internment.Ifgeneral laws,regulations or orders declare acts committed byinternees to be punishable,whereas the same acts are not PROTECTION OF CIVILIAN PERSONSExecutionandtransmissionoflegaldocumentsManagementofpropertyFacilities forpreparationand conductofcasesVisitsGeneralprovisions.Applicablelegislation 0031-0330 irl.qxd 2.3.2009 14:20 Page 209 punishable when committed by persons who are not internees,suchacts shall entail disciplinary punishments only.No internee may be punished more than once for the same act,oron the same count..118.Ñ The courts or authorities shall in passing sentencetake as far as possible into account the fact that the defendant is nota national ofthe Detaining Power.They shall be free to reduce thepenalty prescribed for the offence with which the internee ischarged and shall not be obliged,to this end,to apply the minimumsentence prescribed.Imprisonment in premises without daylight,and,in general,allforms ofcruelty without exception are forbidden.Internees who have served disciplinary or judicial sentences shallnot be treated di
fferently from other internees.The duration ofpreventive detention undergone by an interneeshall be deducted from any disciplinary or judicial penaltyinvolving confinement to which he may be sentenced.Internee Committees shall be informed ofall judicialproceedings instituted against internees whom they represent,andoftheir result..119.Ñ The disciplinary punishments applicable tointernees shall be the following:1)A fine which shall not exceed 50 per cent ofthe wages whichthe internee would otherwise receive under the provisions ofArticle 95 during a period ofnot more than thirty days.2)Discontinuance ofprivileges granted over and above thetreatment provided for by the present Convention.3)Fatigue duties,not exceeding two hours daily,in connectionwith the maintenance ofthe place ofinternment.4)Confinement.In no case shall disciplinary penalties be inhuman,brutal ordangerous for the health ofinternees.Account shall be taken oftheinterneeÕs age,sex and state ofhealth.The duration ofany single punishment shall in no case exceed amaximum ofthirty consecutive days,even ifthe internee isanswerable for several breaches ofdiscipline when his case is dealtwith,whether such breaches are connected or not..120.Ñ Internees who are recaptured after having escapedor when attempting to escape,shall be liable only to disciplinarypunishment in respect ofthis act,even ifit is a repeated offence. FOURTH GENEVA CONVENTION OF 1949PenaltiesDisciplinarypunishmentsEscapes 0031-0330 irl.qxd 2.3.2009 14:20 Page 210 Article 118,paragraph 3,notwithstanding,internees punished asa result ofescape or attempt to escape,may be subjected to specialsurveillance,on condition that such surveillance does not affect thestate oftheir health,that it is exercised in a place ofinternment andthat it does not entail the abolition ofany ofthe safeguards grantedby the present Convention.Internees who aid and abet an escape,or attempt to escape,shallbe liable on this count to disciplinary punishment only..121.Ñ Escape,or attempt to escape,even ifit is a repeatedoffence,shall not be deemed an aggravating circumstance in caseswhere an internee is prosecuted for offences committed during hisesc
ape.The Parties to the conflict shall ensure that the competentauthorities exercise leniency in deciding whether punishmentinflicted for an offence shall be ofa disciplinary or judicial nature,especially in respect ofacts committed in connection with anescape,whether successful or not..122.Ñ Acts which constitute offences against disciplineshall be investigated immediately.This rule shall be applied,inparticular,in cases ofescape or attempt to escape.Recapturedinternees shall be handed over to the competent authorities as soonas possible.In case ofoffences against discipline,confinement awaiting trialshall be reduced to an absolute minimum for all internees,and shallnot exceed fourteen days.Its duration shall in any case be deductedfrom any sentence ofconfinement.The provisions ofArticles 124 and 125 shall apply to internees whoare in confinement awaiting trial for offences against discipline..123.Ñ Without prejudice to the competence ofcourts andhigher authorities,disciplinary punishment may be ordered only bythe commandant ofthe place ofinternment,or by a responsibleofficer or official who replaces him,or to whom he has delegated hisdisciplinary powers.Before any disciplinary punishment is awarded,the accusedinternee shall be given precise information regarding the offences ofwhich he is accused,and given an opportunity ofexplaining hisconduct and ofdefending himself.He shall be permitted,inparticular,to call witnesses and to have recourse,ifnecessary,to theservices ofa qualified interpreter.The decision shall be announcedin the presence ofthe accused and ofa member ofthe InterneeCommittee. PROTECTION OF CIVILIAN PERSONSConnectedoffencesInvestigations.ConfinementawaitinghearingCompetentauthorities.Procedure 0031-0330 irl.qxd 2.3.2009 14:20 Page 211 The period elapsing between the time ofaward ofa disciplinarypunishment and its execution shall not exceed one month.When an internee is awarded a further disciplinary punishment,a period ofat least three days shall elapse between the execution ofany two ofthe punishments,ifthe duration ofone ofthese is tendays or more.A record ofdisciplinary punishments shall be maintained by thecommandant ofth
e place ofinternment and shall be open toinspection by representatives ofthe Protecting Power..124.Ñ Internees shall not in any case be transferred topenitentiary establishments (prisons,penitentiaries,convictprisons,etc.) to undergo disciplinary punishment therein.The premises in which disciplinary punishments are undergoneshall conform to sanitary requirements;they shall in particular beprovided with adequate bedding.Internees undergoing punishmentshall be enabled to keep themselves in a state ofcleanliness.Women internees undergoing disciplinary punishment shall beconfined in separate quarters from male internees and shall beunder the immediate supervision ofwomen..125.Ñ Internees awarded disciplinary punishment shall beallowed to exercise and to stay in the open air at least two hoursdaily.They shall be allowed,ifthey so request,to be present at the dailymedical inspections.They shall receive the attention which theirstate ofhealth requires and,ifnecessary,shall be removed to theinfirmary ofthe place ofinternment or to a hospital.They shall have permission to read and write,likewise to sendand receive letters.Parcels and remittances ofmoney,however,maybe withheld from them until the completion oftheir punishment;such consignments shall meanwhile be entrusted to the InterneeCommittee,who will hand over to the infirmary the perishablegoods contained in the parcels.No internee given a disciplinary punishment may be deprived ofthe benefit ofthe provisions ofArticles 107 and 143 ofthe presentConvention..126.Ñ The provisions ofArticles 71 to 76 inclusive shallapply,by analogy,to proceedings against internees who are in thenational territory ofthe Detaining Power. FOURTH GENEVA CONVENTION OF 1949Premises fordisciplinarypunishmentsEssentialsafeguardsProvisionsapplicable tojudicialproceedings 0031-0330 irl.qxd 2.3.2009 14:20 Page 212 Transfers ofInternees.127.The transfer ofinternees shall always be effectedhumanely.As a general rule,it shall be carried out by rail or othermeans oftransport,and under conditions at least equal to thoseobtaining for the forces ofthe Detaining Power in their changes ofsta-tion.If,as an exceptional measure,such remov
als have to be effectedon foot,they may not take place unless the internees are in a fit state ofhealth,and may not in any case expose them to excessive fatigue.The Detaining Power shall supply internees during transfer withdrinking water and food sufficient in quantity,quality and variety tomaintain them in good health,and also with the necessary clothing,adequate shelter and the necessary medical attention.TheDetaining Power shall take all suitable precautions to ensure theirsafety during transfer,and shall establish before their departure acomplete list ofall internees transferred.Sick,wounded or infirm internees and maternity cases shall notbe transferred ifthe journey would be seriously detrimental tothem,unless their safety imperatively so demands.Ifthe combat zone draws close to a place ofinternment,theinternees in the said place shall not be transferred unless theirremoval can be carried out in adequate conditions ofsafety,orunless they are exposed to greater risks by remaining on the spotthan by being transferred.When making decisions regarding the transfer ofinternees,theDetaining Power shall take their interests into account and,inparticular,shall not do anything to increase the difficulties ofrepatriating them or returning them to their own homes..128.Ñ In the event oftransfer,internees shall be officiallyadvised oftheir departure and oftheir new postal address.Suchnotification shall be given in time for them to pack their luggage andinform their next ofkin.They shall be allowed to take with them their personal effects,and the correspondence and parcels which have arrived for them.The weight ofsuch baggage may be limited ifthe conditions oftransfer so require,but in no case to less than twenty-five kilogramsper internee.Mail and parcels addressed to their former place ofinternmentshall be forwarded to them without delay.The commandant ofthe place ofinternment shall take,inagreement with the Internee Committee,any measures needed to PROTECTION OF CIVILIAN PERSONSConditionsMethod 0031-0330 irl.qxd 2.3.2009 14:20 Page 213 ensure the transport ofthe interneesÕcommunity property and oftheluggage the internees are unable to take with t
hem in consequence ofrestrictions imposed by virtue ofthe second paragraph.Deaths.129.Ñ The wills ofinternees shall be received forsafekeeping by the responsible authorities;and in the event ofthedeath ofan internee his will shall be transmitted without delay to aperson whom he has previously designated.Deaths ofinternees shall be certified in every case by a doctor,and a death certificate shall be made out,showing the causes ofdeath and the conditions under which it occurred.An official record ofthe death,duly registered,shall be drawn upin accordance with the procedure relating thereto in force in theterritory where the place ofinternment is situated,and a dulycertified copy ofsuch record shall be transmitted without delay tothe Protecting Power as well as to the Central Agency referred to inArticle 140..130.Ñ The detaining authorities shall ensure that interneeswho die while interned are honourably buried,ifpossible accordingto the rites ofthe religion to which they belonged and that theirgraves are respected,properly maintained,and marked in such away that they can always be recognized.Deceased internees shall be buried in individual graves unlessunavoidable circumstances require the use ofcollective graves.Bodies may be cremated only for imperative reasons ofhygiene,onaccount ofthe religion ofthe deceased or in accordance with hisexpressed wish to this effect.In case ofcremation,the fact shall bestated and the reasons given in the death certificate ofthe deceased.The ashes shall be retained for safekeeping by the detainingauthorities and shall be transferred as soon as possible to the next ofkin on their request.As soon as circumstances permit,and not later than the close ofhostilities,the Detaining Power shall forward lists ofgraves ofdeceased internees to the Powers on whom the deceased interneesdepended,through the Information Bureaux provided for inArticle136.Such lists shall include all particulars necessary for the FOURTH GENEVA CONVENTION OF 1949Wills.DeathcertificatesBurial.Cremation 0031-0330 irl.qxd 2.3.2009 14:20 Page 214 identification ofthe deceased internees,as well as the exact locationoftheir graves..131.Every death or s
erious injury ofan internee,caused orsuspected to have been caused by a sentry,another internee or anyother person,as well as any death the cause ofwhich is unknown,shallbe immediately followed by an official enquiry by the Detaining Power.A communication on this subject shall be sent immediately to theProtecting Power.The evidence ofany witnesses shall be taken,anda report including such evidence shall be prepared and forwarded tothe said Protecting Power.Ifthe enquiry indicates the guilt ofone or more persons,theDetaining Power shall take all necessary steps to ensure theprosecution ofthe person or persons responsible.Release,Repatriation and Accommodation in Neutral Countries.132.Ñ Each interned person shall be released by theDetaining Power as soon as the reasons which necessitated hisinternment no longer exist.The Parties to the conflict shall,moreover,endeavour during thecourse ofhostilities,to conclude agreements for the release,therepatriation,the return to places ofresidence or theaccommodation in a neutral country ofcertain classes ofinternees,in particular children,pregnant women and mothers with infantsand young children,wounded and sick,and internees who havebeen detained for a long time..133.Ñ Internment shall cease as soon as possible after theclose ofhostilities.Internees in the territory ofa Party to the conflict,against whompenal proceedings are pending for offences not exclusively subjectto disciplinary penalties,may be detained until the close ofsuchproceedings and,ifcircumstances require,until the completion ofthe penalty.The same shall apply to internees who have beenpreviously sentenced to a punishment depriving them ofliberty.By agreement between the Detaining Power and the Powersconcerned,committees may be set up after the close ofhostilities,orofthe occupation ofterritories,to search for dispersed internees. PROTECTION OF CIVILIAN PERSONSInterneeskilled or injured in specialcircum-stancesDuringhostilities oroccupationAfter theclose ofhostilities 0031-0330 irl.qxd 2.3.2009 14:20 Page 215 .134.Ñ The High Contracting Parties shall endeavour,uponthe close ofhostilities or occupation,to ensure the return ofallinternees t
o their last place ofresidence,or to facilitate theirrepatriation..135.Ñ The Detaining Power shall bear the expense ofreturning released internees to the places where they were residingwhen interned,or,ifit took them into custody while they were intransit or on the high seas,the cost ofcompleting their journey or oftheir return to their point ofdeparture.Where a Detaining Power refuses permission to reside in itsterritory to a released internee who previously had his permanentdomicile therein,such Detaining Power shall pay the cost ofthe saidinterneeÕs repatriation.If,however,the internee elects to return tohis country on his own responsibility or in obedience to theGovernment ofthe Power to which he owes allegiance,theDetaining Power need not pay the expenses ofhis journey beyondthe point ofhis departure from its territory.The Detaining Powerneed not pay the costs ofrepatriation ofan internee who wasinterned at his own request.Ifinternees are transferred in accordance with Article 45,thetransferring and receiving Powers shall agree on the portion oftheabove costs to be borne by each.The foregoing shall not prejudice such special agreements as maybe concluded between Parties to the conflict concerning theexchange and repatriation oftheir nationals in enemy hands.SECTION VINFORMATION BUREAUX AND CENTRAL AGENCY.136.Ñ Upon the outbreak ofa conflict and in all cases ofoccupation,each ofthe Parties to the conflict shall establish anofficial Information Bureau responsible for receiving andtransmitting information in respect ofthe protected persons whoare in its power.Each ofthe Parties to the conflict shall,within the shortestpossible period,give its Bureau information ofany measure takenby it concerning any protected persons who are kept in custody formore than two weeks,who are subjected to assigned residence orwho are interned.It shall,furthermore,require its various FOURTH GENEVA CONVENTION OF 1949Repatriationand return tolast place ofresidenceCostsNationalBureaux 0031-0330 irl.qxd 2.3.2009 14:20 Page 216 departments concerned with such matters to provide the aforesaidBureau promptly with information concerning all changespertaining to these p
rotected persons,as,for example,transfers,releases,repatriations,escapes,admittances to hospitals,births anddeaths..137.Ñ Each national Bureau shall immediately forwardinformation concerning protected persons by the most rapid meansto the Powers ofwhom the aforesaid persons are nationals,or toPowers in whose territory they resided,through the intermediary ofthe Protecting Powers and likewise through the Central Agencyprovided for in Article 140.The Bureaux shall also reply to allenquiries which may be received regarding protected persons.Information Bureaux shall transmit information concerning aprotected person unless its transmission might be detrimental tothe person concerned or to his or her relatives.Even in such a case,the information may not be withheld from the Central Agencywhich,upon being notified ofthe circumstances,will take thenecessary precautions indicated in Article 140.All communications in writing made by any Bureau shall beauthenticated by a signature or a seal..138.Ñ The information received by the national Bureauand transmitted by it shall be ofsuch a character as to make itpossible to identify the protected person exactly and to advise hisnext ofkin quickly.The information in respect ofeach person shallinclude at least his surname,first names,place and date ofbirth,nationality,last residence and distinguishing characteristics,thefirst name ofthe father and the maiden name ofthe mother,thedate,place and nature ofthe action taken with regard to theindividual,the address at which correspondence may be sent to himand the name and address ofthe person to be informed.Likewise,information regarding the state ofhealth ofinterneeswho are seriously ill or seriously wounded shall be suppliedregularly and ifpossible every week..139.Ñ Each national Information Bureau shall,furthermore,be responsible for collecting all personal valuables leftby protected persons mentioned in Article 136,in particular thosewho have been repatriated or released,or who have escaped or died;it shall forward the said valuables to those concerned,either direct,or,ifnecessary,through the Central Agency.Such articles shall besent by the Bureau in sealed packet
s which shall be accompanied bystatements giving clear and full identity particulars ofthe person to PROTECTION OF CIVILIAN PERSONSTransmissioninformationParticularsrequiredForwardingofpersonalvaluables 0031-0330 irl.qxd 2.3.2009 14:20 Page 217 whom the articles belonged,and by a complete list ofthe contents ofthe parcel.Detailed records shall be maintained ofthe receipt anddespatch ofall such valuables..140.Ñ A Central Information Agency for protectedpersons,in particular for internees,shall be created in a neutralcountry.The International Committee ofthe Red Cross shall,ifitdeems necessary,propose to the Powers concerned the organizationofsuch an Agency,which may be the same as that provided for inArticle 123 ofthe Geneva Convention relative to the Treatment ofPrisoners ofWar ofAugust 12,1949.The function ofthe Agency shall be to collect all information ofthe type set forth in Article 136 which it may obtain through officialor private channels and to transmit it as rapidly as possible to thecountries oforigin or ofresidence ofthe persons concerned,exceptin cases where such transmissions might be detrimental to thepersons whom the said information concerns,or to their relatives.Itshall receive from the Parties to the conflict all reasonable facilitiesfor effecting such transmissions.The High Contracting Parties,and in particular those whosenationals benefit by the services ofthe Central Agency,arerequested to give the said Agency the financial aid it may require.The foregoing provisions shall in no way be interpreted asrestricting the humanitarian activities ofthe InternationalCommittee ofthe Red Cross and ofthe reliefSocieties described inArticle 142..141.Ñ The national Information Bureaux and the CentralInformation Agency shall enjoy free postage for all mail,likewise theexemptions provided for in Article 110,and further,so far aspossible,exemption from telegraphic charges or,at least,greatlyreduced rates. FOURTH GENEVA CONVENTION OF 1949CentralAgencyExemptionfrom charges 0031-0330 irl.qxd 2.3.2009 14:20 Page 218 PART IVSECTION IGENERAL PROVISIONS.142.Ñ Subject to the measures which the Detaining Powersmay consider essential to ensure
their security or to meet any otherreasonable need,the representatives ofreligious organizations,reliefsocieties,or any other organizations assisting the protected persons,shall receive from these Powers,for themselves or their dulyaccredited agents,all facilities for visiting the protected persons,fordistributing reliefsupplies and material from any source,intendedfor educational,recreational or religious purposes,or for assistingthem in organizing their leisure time within the places ofinternment.Such societies or organizations may be constituted inthe territory ofthe Detaining Power,or in any other country,or theymay have an international character.The Detaining Power may limit the number ofsocieties andorganizations whose delegates are allowed to carry out theiractivities in its territory and under its supervision,on condition,however,that such limitation shall not hinder the supply ofeffectiveand adequate reliefto all protected persons.The special position ofthe International Committee ofthe RedCross in this field shall be recognized and respected at all times..143.Ñ Representatives or delegates ofthe ProtectingPowers shall have permission to go to all places where protectedpersons are,particularly to places ofinternment,detention andwork.They shall have access to all premises occupied by protectedpersons and shall be able to interview the latter without witnesses,personally or through an interpreter.Such visits may not be prohibited except for reasons ofimperative military necessity,and then only as an exceptional andtemporary measure.Their duration and frequency shall not berestricted.Such representatives and delegates shall have full liberty to selectthe places they wish to visit.The Detaining or Occupying Power,the PROTECTION OF CIVILIAN PERSONSReliefsocieties and otherorganizationsSupervision 0031-0330 irl.qxd 2.3.2009 14:20 Page 219 Protecting Power and when occasion arises the Power oforigin ofthe persons to be visited,may agree that compatriots oftheinternees shall be permitted to participate in the visits.The delegates ofthe International Committee ofthe Red Crossshall also enjoy the above prerogatives.The appointment ofsuchdel
egates shall be submitted to the approval ofthe Power governingthe territories where they will carry out their duties..144.Ñ The High Contracting Parties undertake,in time ofpeace as in time ofwar,to disseminate the text ofthe presentConvention as widely as possible in their respective countries,and,in particular,to include the study thereofin their programmes ofmilitary and,ifpossible,civil instruction,so that the principlesthereofmay become known to the entire population.Any civilian,military,police or other authorities,who in time ofwar assume responsibilities in respect ofprotected persons,mustpossess the text ofthe Convention and be specially instructed as toits provisions..145.Ñ The High Contracting Parties shall communicate toone another through the Swiss Federal Council and,duringhostilities,through the Protecting Powers,the official translations ofthe present Convention,as well as the laws and regulations whichthey may adopt to ensure the application thereof..146.Ñ The High Contracting Parties undertake to enactany legislation necessary to provide effective penal sanctions forpersons committing,or ordering to be committed,any ofthe gravebreaches ofthe present Convention defined in the following Article.Each High Contracting Party shall be under the obligation tosearch for persons alleged to have committed,or to have ordered tobe committed,such grave breaches,and shall bring such persons,regardless oftheir nationality,before its own courts.It may also,ifitprefers,and in accordance with the provisions ofits own legislation,hand such persons over for trial to another High Contracting Partyconcerned,provided such High Contracting Party has made out aprima faciecase.Each High Contracting Party shall take measures necessary forthe suppression ofall acts contrary to the provisions ofthe presentConvention other than the grave breaches defined in the followingArticle.In all circumstances,the accused persons shall benefit bysafeguards ofproper trial and defence,which shall not be lessfavourable than those provided by Article 105 and those following FOURTH GENEVA CONVENTION OF 1949PenalsanctionsGeneralobservationsTranslations.Rules ofapplicationD
isseminationoftheConvention 0031-0330 irl.qxd 2.3.2009 14:20 Page 220 ofthe Geneva Convention relative to the Treatment ofPrisoners ofWar ofAugust 12,1949..147.Ñ Grave breaches to which the preceding Articlerelates shall be those involving any ofthe following acts,ifcommitted against persons or property protected by the presentConvention:wilful killing,torture or inhuman treatment,includingbiological experiments,wilfully causing great suffering or seriousinjury to body or health,unlawful deportation or transfer orunlawful confinement ofa protected person,compelling a protectedperson to serve in the forces ofa hostile Power,or wilfully deprivinga protected person ofthe rights offair and regular trial prescribedin the present Convention,taking ofhostages and extensivedestruction and appropriation ofproperty,not justified by militarynecessity and carried out unlawfully and wantonly..148.Ñ No High Contracting Party shall be allowed toabsolve itselfor any other High Contracting Party ofany liabilityincurred by itselfor by another High Contracting Party in respect ofbreaches referred to in the preceding Article..149.Ñ At the request ofa Party to the conflict,an enquiryshall be instituted,in a manner to be decided between the interestedParties,concerning any alleged violation ofthe Convention.Ifagreement has not been reached concerning the procedure forthe enquiry,the Parties should agree on the choice ofan umpirewho will decide upon the procedure to be followed.Once theviolation has been established,the Parties to the conflict shall put anend to it and shall repress it with the least possible delay.SECTION IIFINAL PROVISIONS.150.Ñ The present Convention is established in Englishand in French.Both texts are equally authentic.The Swiss Federal Council shall arrange for official translationsofthe Convention to be made in the Russian and Spanish languages. PROTECTION OF CIVILIAN PERSONSGravebreachesResponsibi-lities oftheContractingPartiesEnquiryprocedureLanguages 0031-0330 irl.qxd 2.3.2009 14:20 Page 221 .151.Ñ The present Convention,which bears the date ofthisday,is open to signature until February 12,1950,in the name ofthePowers represented at t
he Conference which opened at Geneva onApril 21,1949..152.Ñ The present Convention shall be ratified as soon aspossible and the ratifications shall be deposited at Berne.A record shall be drawn up ofthe deposit ofeach instrument ofratification and certified copies ofthis record shall be transmittedby the Swiss Federal Council to all the Powers in whose name theConvention has been signed,or whose accession has been notified..153.Ñ The present Convention shall come into force sixmonths after not less than two instruments ofratification have beendeposited.Thereafter,it shall come into force for each High ContractingParty six months after the deposit ofthe instrument ofratification..154.Ñ In the relations between the Powers who are boundby the Hague Conventions respecting the Laws and Customs ofWaron Land,whether that ofJuly 29,1899,or that ofOctober 18,1907,and who are parties to the present Convention,this last Conventionshall be supplementary to Sections II and III ofthe Regulationsannexed to the above-mentioned Conventions ofThe Hague..155.Ñ From the date ofits coming into force,it shall beopen to any Power in whose name the present Convention has notbeen signed,to accede to this Convention..156.Ñ Accessions shall be notified in writing to the SwissFederal Council,and shall take effect six months after the date onwhich they are received.The Swiss Federal Council shall communicate the accessions toall the Powers in whose name the Convention has been signed,orwhose accession has been notified..157.Ñ The situations provided for in Articles 2 and 3 shallgive immediate effect to ratifications deposited and accessionsnotified by the Parties to the conflict before or after the beginning ofhostilities or occupation.The Swiss Federal Council shallcommunicate by the quickest method any ratifications or accessionsreceived from Parties to the conflict. FOURTH GENEVA CONVENTION OF 1949SignatureRatificationComing into forceRelation withthe HagueConventionsAccessionNotificationofaccessionsImmediateeffect 0031-0330 irl.qxd 2.3.2009 14:20 Page 222 .158.Ñ Each ofthe High Contracting Parties shall be atliberty to denounce the present Convention.The denunciatio
n shall be notified in writing to the Swiss FederalCouncil,which shall transmit it to the Governments ofall the HighContracting Parties.The denunciation shall take effect one year after the notificationthereofhas been made to the Swiss Federal Council.However,adenunciation ofwhich notification has been made at a time whenthe denouncing Power is involved in a conflict shall not take effectuntil peace has been concluded,and until after operationsconnected with the release,repatriation and re-establishment ofthepersons protected by the present Convention have been terminated.The denunciation shall have effect only in respect ofthedenouncing Power.It shall in no way impair the obligations whichthe Parties to the conflict shall remain bound to fulfil by virtue ofthe principles ofthe law ofnations,as they result from the usagesestablished among civilized peoples,from the laws ofhumanity andthe dictates ofthe public conscience..159.Ñ The Swiss Federal Council shall register the presentConvention with the Secretariat ofthe United Nations.The SwissFederal Council shall also inform the Secretariat ofthe UnitedNations ofall ratifications,accessions and denunciations receivedby it with respect to the present Convention.NWITNESSWHEREOFthe undersigned,having deposited theirrespective full powers,have signed the present Convention.at Geneva this twelfth day ofAugust 1949,in the Englishand French languages.The original shall be deposited in theArchives ofthe Swiss Confederation.The Swiss Federal Councilshall transmit certified copies thereofto each ofthe signatory andacceding States. PROTECTION OF CIVILIAN PERSONSDenunciationRegistrationwith theUnitedNations 0031-0330 irl.qxd 2.3.2009 14:20 Page 223 (Size ofcorrespondence card Ñ 10 x15 cm)Date:Write on the dotted lines only and as legibly as possible 2.Reverse side 1.FrontCIVILIAN INTERNEE MAIL POST CARDPostage free Street and number l a c e o f d e s t i n a t i o n (in block capitals)Province or DepartmentCountry (in block capitals)Sender:Surname and first namesDate and place ofbirthInternment addressIII.CORRESPONDENCE CARD 0031-0330 irl.qxd 2.3.2009 14:20 Page 231 ERVICEPostage freeStreet and number l
a c e o f d e s t i n a t i o n (in block capitals)Province or DepartmentCountry (in block capitals)(Size ofletter Ñ 29 x 15 cm)II.LETTERSender:Surname and first namesDate and place ofbirthInternment address 0031-0330 irl.qxd 2.3.2009 14:20 Page 230 Write legibly and in block letters Ñ 1.Nationality...............................................2.Surname3.First names (in full)4.First name offather5.Date ofbirth .................É................6.Place ofbirth.......................................7.Occupation.........................................................................................................8.Address before detention....................................................................................9.Address ofnext ofkin........................................................................................ 10.Interned on:*...................................................................................................(or)Coming from (hospital,etc.) on:.......................................................................... 11.State ofhealth *................................................................................................12.Present address................................................................................................. 13.Date.....................É........................14.Signature............................................* Strike out what is not applicable.Do not add any remarks.See explanations onother side ofcard. (Size ofinternment card Ñ 10 x 15 cm)2.Reverse side 1.FrontI.INTERNMENT CARD IMPORTANTThis card must be completedby each internee immediatelyon being interned and eachtime his address is altered byreason oftransfer to anotherplace ofinternment or to ahospital.This card is not the same asthe special card which eachinternee is allowed to send tohis relatives.CENTRAL INFORMATION AGENCYFOR PROTECTED PERSONSNTERNATIONALOMMITTEEOFTHEROSSCIVILIAN INTERNEE MAIL POST CARDPostage free 0031-0330 irl.qxd 2.3.2009 14:20 Page 229 .7.Ñ The High Contracting Parties,and the Detaining Powers in particular,shall,so far as is in any way possible and subject to the regulations governi
ng thefood supply ofthe population,authorize purchases ofgoods to be made in theirterritories for the distribution ofcollective reliefto the internees.They shalllikewise facilitate the transfer offunds and other financial measures ofa technicalor administrative nature taken for the purpose ofmaking such purchases..8.Ñ The foregoing provisions shall not constitute an obstacle to the rightofinternees to receive collective reliefbefore their arrival in a place ofinternmentor in the course oftheir transfer,nor to the possibility ofrepresentatives oftheProtecting Power,or ofthe International Committee ofthe Red Cross or any otherhumanitarian organization giving assistance to internees and responsible forforwarding such supplies,ensuring the distribution thereofto the recipients by anyother means they may deem suitable. FOURTH GENEVA CONVENTION OF 1949 Ð ANNEX II 0031-0330 irl.qxd 2.3.2009 14:20 Page 228 DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEFRTICLEÑ The Internee Committees shall be allowed to distribute collectivereliefshipments for which they are responsible,to all internees who are dependentfor administration on the said CommitteeÕs place ofinternment,including thoseinternees who are in hospitals,or in prisons or other penitentiary establishments..2.Ñ The distribution ofcollective reliefshipments shall be effected inaccordance with the instructions ofthe donors and with a plan drawn up by theInternee Committees.The issue ofmedical stores shall,however,be made forpreference in agreement with the senior medical officers,and the latter may,inhospitals and infirmaries,waive the said instructions,ifthe needs oftheir patientsso demand.Within the limits thus defined,the distribution shall always be carriedout equitably..3.Ñ Members ofInternee Committees shall be allowed to go to the railwaystations or other points ofarrival ofreliefsupplies near their places ofinternmentso as to enable them to verify the quantity as well as the quality ofthe goodsreceived and to make out detailed reports thereon for the donors..4.Ñ Internee Committees shall be given the facilities necessary forverifying whether the distribution ofcollective reliefin all sub-div
isions andannexes oftheir places ofinternment has been carried out in accordance with theirinstructions..5.Ñ Internee Committees shall be allowed to complete,and to cause to becompleted by members ofthe Internee Committees in labour detachments or bythe senior medical officers ofinfirmaries and hospitals,forms or questionnairesintended for the donors,relating to collective reliefsupplies (distribution,requirements,quantities,etc.).Such forms and questionnaires,duly completed,shall be forwarded to the donors without delay..6.Ñ In order to secure the regular distribution ofcollective reliefsuppliesto the internees in their place ofinternment,and to meet any needs that may arisethrough the arrival offresh parties ofinternees,the Internee Committees shall beallowed to create and maintain sufficient reserve stocks ofcollective relief.For thispurpose,they shall have suitable warehouses at their disposal;each warehouse shallbe provided with two locks,the Internee Committee holding the keys ofone lock,and the commandant ofthe place ofinternment the keys ofthe other. 0031-0330 irl.qxd 2.3.2009 14:20 Page 227 Their purpose may,however,be modified by the Occupying Power,on conditionthat all measures are taken to ensure the safety ofthe persons accommodated..13.Ñ The present agreement shall also apply to localities which the Powersmay utilize for the same purposes as hospital and safety zones. FOURTH GENEVA CONVENTION OF 1949 Ð ANNEX I 0031-0330 irl.qxd 2.3.2009 14:20 Page 226 Zones reserved exclusively for the wounded and sick may be marked by meansofthe Red Cross (Red Crescent,Red Lion and Sun) emblem on a white ground.They may be similarly marked at night by means ofappropriate illumination..7.Ñ The Powers shall communicate to all the High Contracting Parties inpeacetime or on the outbreak ofhostilities,a list ofthe hospital and safety zones inthe territories governed by them.They shall also give notice ofany new zones setup during hostilities.As soon as the adverse Party has received the above-mentioned notification,thezone shall be regularly established.If,however,the adverse Party considers that the conditions ofthe presentagreement have not be
en fulfilled,it may refuse to recognize the zone by givingimmediate notice thereofto the Party responsible for the said zone,or may makeits recognition ofsuch zone dependent upon the institution ofthe control providedfor in Article 8..8.Ñ Any Power having recognized one or several hospital and safety zonesinstituted by the adverse Party shall be entitled to demand control by one or moreSpecial Commissions,for the purpose ofascertaining ifthe zones fulfil theconditions and obligations stipulated in the present agreement.For this purpose,members ofthe Special Commissions shall at all times havefree access to the various zones and may even reside there permanently.They shallbe given all facilities for their duties ofinspection..9.Ñ Should the Special Commissions note any facts which they considercontrary to the stipulations ofthe present agreement,they shall at once draw theattention ofthe Power governing the said zone to these facts,and shall fix a timelimit offive days within which the matter should be rectified.They shall duly notifythe Power who has recognized the zone.If,when the time limit has expired,the Power governing the zone has notcomplied with the warning,the adverse Party may declare that it is no longer boundby the present agreement in respect ofthe said zone..10.Ñ Any Power setting up one or more hospital and safety zones,and theadverse Parties to whom their existence has been notified,shall nominate or havenominated by the Protecting Powers or by other neutral Powers,persons eligible tobe members ofthe Special Commissions mentioned in Articles 8 and 9..11.Ñ In no circumstances may hospital and safety zones be the object ofattack.They shall be protected and respected at all times by the Parties to theconflict..12.Ñ In the case ofoccupation ofa territory,the hospital and safety zonestherein shall continue to be respected and utilized as such.HOSPITAL AND SAFETY ZONES 225 0031-0330 irl.qxd 2.3.2009 14:20 Page 225 DRAFT AGREEMENT RELATING TO HOSPITAL AND SAFETY ZONES AND LOCALITIESRTICLEHospital and safety zones shall be strictly reserved for the personsmentioned in Article 23 ofthe Geneva Convention for the Amelioration ofthe 0031