Law of armed conflict
International criminal law
Disarmament and non-proliferation
INTERNATIONAL LAW HANDBOOK COLLECTION OF INSTRUMENTS
BOOK TWO
INTERNATIONAL LAW HANDBOOK
COLLECTION OF INSTRUMENTS
BOOK TWO
BOOK TWO
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The photograph on the cover is of a stained
glass window in the United Nations
Headquarters building in New York. The
staff of the United Nations and Marc Chagall
donated the stained glass panel designed
by the French artist as a memorial to Dag
Hammarskjöld and 15 others who died in a
plane crash while on a peace mission in the
Congo in 1961. Dag Hammarskjöld served as
the second Secretary-General of the United
Nations from 10 April 1953 until his death
on 18 September 1961. He introduced the
concept of peacekeeping and was awarded
Dag Hammarskjöld
the Nobel Peace Prize. He also defined the
role of an international civil servant based on his personal devotion to the
Charter of the United Nations and to public service.
In the panel Chagall sought to express the simplicity and beauty of the
ideals of peace and brotherhood for which the United Nations was
founded. Symbols of peace and love can be found throughout the panel.
In the center is the figure of a young child being kissed on the cheek by
an angelic face which emerges from a mass of flowers; the right hand
side suggests mankind’s yearning for peace, its prophets and its victims,
and symbols of law. On the left are depicted motherhood and people
struggling for peace.
The cover design is courtesy of the graphic designer, Sean Bacon.
INTERNATIONAL LAW HANDBOOK
COLLECTION OF INSTRUMENTS
UNITED NATIONS . NEW YORK, 2017
Copyright © United Nations, 2017
The fundamental goal of the International Law Handbook is to promote the teaching and dissemination of international law around the world under the United Nations Programme of Assistance in
the Teaching, Study, Dissemination and Wider Appreciation of International Law. This publication
may be reproduced for academic purposes to further this goal anywhere in the world. It may be
downloaded free of charge from the following United Nations websites: http://legal.un.org/poa and
http://legal.un.org/avl.
Book One
Chapter I. Charter of the United Nations and Statute of the International Court
of Justice
Chapter II. Law of treaties
Chapter III. Subjects of international law
States
International organizations
Chapter IV. Diplomatic and consular relations
Chapter V. International responsibility
Chapter VI. Peaceful settlement of international disputes
General instruments
Institutional and procedural rules
Chapter VII. International peace and security
Chapter VIII. International human rights law
Main instruments
Implementation and monitoring
Self-determination
Indigenous peoples
Development
Religion or belief
Business and human rights
Right to a remedy and reparation
Chapter IX. Movement of persons and international migration law
Refugees
Statelessness
Internally displaced persons
Migrant workers
Book Two
Chapter X. Law of armed conflict
Main instruments
Cultural protection in armed conflict and against intentional destruction
Chapter XI. International criminal law
International crimes
Statute of limitations
United Nations personnel
Mercenaries
Mutual legal assistance and extradition
Chapter XI. International criminal law (cont.)
International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for Rwanda
International Residual Mechanism for Criminal Tribunals
International Criminal Court
Chapter XII. Disarmament and non-proliferation
Book Three
Chapter XIII. Law of the Sea
United Nations Convention on the Law of the Sea and related instruments
Maritime disputes
Chapter XIV. International environmental law
Development and environment
Atmospheric protection and climate change
Biological diversity
Hazardous activities and substances
Desertification
Chapter XV. International watercourses
Book Four
Chapter XVI. International labour law
Fundamental instruments
Declarations
Chapter XVI. Law of cultural relations
Chapter XVIII. International trade and investment law
World Trade Organization
United Nations Commission on International Trade Law
Development
Trade and investment disputes
INTERNATIONAL LAW HANDBOOK
COLLECTION OF INSTRUMENTS
BOOK TWO
Table of Contents
Book Two
Page
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
Chapter X
Law of armed conflict
Main instruments
64. Declaration renouncing the use, in time of war, of explosive projectiles
under 400 grammes weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
65. Declaration concerning expanding bullets . . . . . . . . . . . . . . . . . . . . . . . . . 4
66. International Convention concerning the laws and customs of war on land . . . . . . 5
67. Protocol for the prohibition of the use of asphyxiating, poisonous or other gases,
and of bacteriological methods of warfare . . . . . . . . . . . . . . . . . . . . . . . . .
15
68. Geneva Convention for the amelioration of the condition of the wounded and sick
in armed forces in the field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
69. Geneva Convention for the amelioration of the condition of wounded, sick
and shipwrecked members of armed forces at sea . . . . . . . . . . . . . . . . . . . . . 34
70. Geneva convention relative to the treatment of prisoners of war . . . . . . . . . . . .
49
71. Geneva Convention relative to the protection of civilian persons in time of war . . .
98
72. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
protection of victims of international armed conflicts (Protocol I) . . . . . . . . . . .
141
73. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
protection of victims of non-international armed conflicts (Protocol II) . . . . . . . . 189
74. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
the adoption of an additional distinctive emblem (Protocol III) . . . . . . . . . . . . . 195
75. Convention on prohibitions or restrictions on the use of certain conventional weapons
which may be deemed to be excessively injurious or to have indiscriminate effects . . 75.(a) Protocol on non-detectable fragments (Protocol I) . . . . . . . . . . . . . . . 200
204
75.(b)
Protocol on prohibitions or restrictions on the use of mines, booby-traps and
other devices (Protocol II). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
75.(c)
Protocol on prohibitions or restrictions on the use of incendiary weapons
(Protocol III) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
208
vii
International Law Handbook
viii
Page
75.(d)
75.(e)
75.(f)
75.(g)
Additional Protocol to the Convention on prohibitions or restrictions on the
use of certain conventional weapons which may be deemed to be excessively
injurious or to have indiscriminate effects (Protocol IV). . . . . . . . . . . . 209
Protocol on prohibitions or restrictions on the use of mines, booby-traps and
other devices as amended on 3 May 1996 (Protocol II as amended on 3 May 1996)
annexed to the Convention on prohibitions or restrictions on the use of certain
conventional weapons which may be deemed to be excessively injurious or to
have indiscriminate effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Amendment to Article I of the Convention on prohibitions or restrictions on
the use of certain conventional weapons which may be deemed to be
excessively injurious or to have indiscriminate effects. . . . . . . . . . . . . .
219
Protocol on explosive remnants of war. . . . . . . . . . . . . . . . . . . . . . 220
(See also International Convention against the recruitment, use, financing and training of
mercenaries, Chapter XI, No. 84)
Cultural protection in armed conflict and against intentional destruction
76. Convention for the protection of cultural property in the event of armed conflict . .
77.
227
76.(a)
Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
243
76.(b)
Second Protocol to the Hague Convention of 1954 for the protection
of cultural property in the event of armed conflict. . . . . . . . . . . . . . . .
245
UNESCO Declaration concerning the intentional destruction of cultural heritage . . 257
Chapter XI
International criminal law
International crimes
78. Affirmation of the principles of international law recognized by
the Charter of the Nürnberg Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . .
263
79. Convention on the prevention and punishment of the crime of genocide . . . . . . .
264
(See also Geneva Conventions and additional protocols thereto, Chapter X, Nos. 68-74)
80. International Convention on the suppression and punishment of
the crime of apartheid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See also Convention against torture and other cruel, inhuman or degrading treatment or
punishment and the Optional Protocol thereto, Chapter VIII, Nos. 40 and 40.(a))
267
Table of Contents
ix
Page
81. Draft Code of crimes against the peace and security of mankind . . . . . . . . . . . .
271
(See also International Convention for the protection of all persons from enforced disappearance,
Chapter VIII, No. 44)
(See also section on the International Criminal Court below)
Statute of limitations
82. Convention on the non-applicability of statutory limitations to war crimes
and crimes against humanity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
United Nations personnel
83. Convention on the safety of United Nations and associated personnel . . . . . . . . . 83.(a)
279
Optional Protocol to the Convention on the safety of
United Nations and associated personnel. . . . . . . . . . . . . . . . . . . . .
286
84. International Convention against the recruitment, use, financing and
training of mercenaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
Mercenaries
Mutual legal assistance and extradition
85. Model Treaty on extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
86. United Nations Model Treaty on mutual assistance in criminal matters . . . . . . . . 298
International Criminal Tribunal for the former Yugoslavia
87. United Nations Security Council resolution 827 (1993) . . . . . . . . . . . . . . . . .
304
88. Statute of the International Criminal Tribunal for the former Yugoslavia . . . . . . . 305
International Criminal Tribunal for Rwanda
89. Security Council resolution 955 (1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
90. Statute of the International Criminal Tribunal for Rwanda . . . . . . . . . . . . . . .
317
International Residual Mechanism for Criminal Tribunals
91. Statute of the International Residual Mechanism for Criminal Tribunals (IRMCT) .
326
Page
International Criminal Court
92. Rome Statute of the International Criminal Court . . . . . . . . . . . . . . . . . . . .
337
93. Elements of Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
Chapter XII
Disarmament and non-proliferation
94. Treaty banning nuclear weapon tests in the atmosphere, in outer space
and under water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
95. Treaty on the non-proliferation of nuclear weapons . . . . . . . . . . . . . . . . . . .
431
96. Convention on the prohibition of the development, production and stockpiling of
bacteriological (biological) and toxin weapons and on their destruction . . . . . . . . 435
97. Convention on the prohibition of military or any other hostile use of environmental
modification techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
438
98. Convention on the prohibition of the development, production, stockpiling and
use of chemical weapons and on their destruction . . . . . . . . . . . . . . . . . . . .
442
99. Comprehensive Nuclear-Test-Ban Treaty . . . . . . . . . . . . . . . . . . . . . . . . .
536
100. Convention on the prohibition of the use, stockpiling, production and transfer of antipersonnel mines and on their destruction . . . . . . . . . . . . . . . . . . . . . . . . .
596
101. Convention on cluster munitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
102. Arms Trade Treaty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
618
(See also Convention on prohibitions or restrictions on the use of certain conventional weapons
which may be deemed to be excessively injurious or to have indiscriminate effects and the protocols
thereto, Chapter X, Nos. 75, and 75.(a)–(g))
Foreword
The International Law Handbook was prepared by the Codification Division of the Office
of Legal Affairs under the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, pursuant to General Assembly resolution 70/116 of 14 December 2015.
Ambassador Emmanuel K. Dadzie of Ghana proposed the establishment of this programme
when he served as Vice-Chairman of the Sixth Committee of the General Assembly at its 18th session in 1963. Following efforts led by Afghanistan, Belgium, Ghana and Ireland, the General Assembly decided, by resolution 2099 (XX) of 20 December 1965, to establish the Programme of Assistance
to contribute towards a better knowledge of international law as a means of strengthening international peace and security and promoting friendly relations and cooperation among States.
The International Law Handbook is a collection of instruments used by the Codification Division as study materials for its training courses under the Programme of Assistance. This publication
was prepared to celebrate the fiftieth anniversary of the establishment of the Programme in 2015 and
to promote the teaching and dissemination of international law around the world. It is available on
the United Nations Programme of Assistance website as well as the Audiovisual Library of International Law free of charge.1 It may be reproduced for academic purposes to further the teaching and
dissemination of international law anywhere in the world.
The International Law Handbook is intended to be used as a general work of reference. It
comprises four books:
Book One contains the Charter of the United Nations and the Statute of the International
Court of Justice, as well as instruments relating to the law of treaties, subjects of international law,
diplomatic and consular relations, international responsibility, peaceful settlement of international
disputes, international peace and security, international human rights law as well as movement of
persons and international migration law.
Book Two contains instruments relating to the law of armed conflict, international criminal
law as well as disarmament and non-proliferation.
Book Three contains instruments relating to the law of the sea, international environmental
law and international watercourses.
Book Four contains instruments relating to international labour law, law of cultural relations
as well as international trade and investment law.
For ease of reference, each book includes an overview of the content of all four books, as well
as a detailed table of contents for each respective volume.
The present collection of international instruments is not exhaustive. The texts incorporate
amendments and corrections to the instruments subsequent to their entry into force, as appropriate, and whether or not the amendments have entered into force for all parties. Only the texts of the
instruments as kept in the custody of the respective depositary constitute the authentic versions. The
International Law Handbook is issued for information and educational purposes only.
1
See, respectively, http://legal.un.org/poa/ and http://legal.un.org/avl.
xi
Chapter X
Law of Armed Conflict
Main instruments
64. Declaration Renouncing the Use, in Time of War, of
Explosive Projectiles Under 400 Grammes Weight
Done at Saint Petersburg on 29 November/11 December 1868
Entry into force: 11 December 1868
Parliamentary Papers (1869), vol. LXIV, p. 659 [original: French]
[Translation]
On the proposition of the Imperial Cabinet of Russia, an International Military Commission having assembled at St. Petersburg in order to examine the expediency of forbidding the use
of certain projectiles in time of war between civilized nations, and that Commission having by
common agreement fixed the technical limits at which the necessities of war ought to yield to the
requirements of humanity, the Undersigned are authorized by the orders of their Governments to
declare as follows:
Considering:
That the progress of civilization should have the effect of alleviating as much as possible the
calamities of war;
That the only legitimate object which States should endeavour to accomplish during war is to
weaken the military forces of the enemy;
That for this purpose it is sufficient to disable the greatest possible number of men;
That this object would be exceeded by the employment of arms which uselessly aggravate the
sufferings of disabled men, or render their death inevitable;
That the employment of such arms would, therefore, be contrary to the laws of humanity;
The Contracting Parties engage mutually to renounce, in case of war among themselves, the
employment by their military or naval troops of any projectile of a weight below 400 grammes,
which is either explosive or charged with fulminating or inflammable substances.
They will invite all the States which have not taken part in the deliberations of the International Military Commission assembled at St. Petersburg by sending Delegates thereto, to accede to
the present engagement.
This engagement is compulsory only upon the Contracting or Acceding Parties thereto in case
of war between two or more of themselves; it is not applicable to non-Contracting Parties, or Parties
who shall not have acceded to it.
It will also cease to be compulsory from the moment when, in a war between Contracting or
Acceding Parties, a non-Contracting Party or a non-Acceding Party shall join one of the belligerents.
The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which
science may effect in the armament of troops, in order to maintain the principles which they have
established, and to conciliate the necessities of war with the laws of humanity.
Done at St. Petersburg, 29 November (11 December) 1868.
3
4
X. Law of armed conflict
65. Declaration concerning Expanding Bullets
Done at The Hague on 29 July 1899
Entry into force: 4 September 1900
United Kingdom, Treaty Series, No. 32 (Cd. 3751) (1907) [original: French]
[Translation]
The Undersigned, Plenipotentiaries of the Powers represented at the International Peace
Conference at The Hague, duly authorized to that effect by their Governments, inspired by the
sentiments which found expression in the Declaration of St. Petersburgh of the 29th November
(11th December) 1868,
Declare that:
The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily
in the human body, such as bullets with a hard envelope which does not entirely cover the core, or
is pierced with incisions.
The present Declaration is only binding for the Contracting Powers in the case of a war
between two or more of them.
It shall cease to be binding from the time when, in a war between the Contracting Powers, one
of the belligerents is joined by a non-Contracting Power.
The present Declaration shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
A procès-verbal shall be drawn up on the receipt of each ratification, a copy of which, duly
certified, shall be sent through the diplomatic channel to all the Contracting Powers.
The non-Signatory Powers may accede to the present Declaration. For this purpose they must
make their accession known to the Contracting Powers by means of a written notification addressed
to the Netherlands Government, and by it communicated to all the other Contracting Powers.
In the event of one of the High Contracting Parties denouncing the present Declaration, such
denunciation shall not take effect until a year after the notification made in writing to the Netherlands Government, and forthwith communicated by it to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Declaration, and have affixed
their seals thereto.
Done at The Hague the 29th July, 1899, in a single copy, which shall be kept in the archives of
the Netherlands Government, and of which copies, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
Laws and customs of war on land
5
66. INTERNATIONAL CONVENTION CONCERNING THE LAWS AND
CUSTOMS OF WAR ON LAND*
Done at The Hague, on 18 October 1907
Entry into force: 26 January 1910
United Kingdom, Treaty Series, No. 9, (Cd. 5030) (1910) [original: French]
[Translation]
(List of Contracting Parties)
Considering that, while seeking means to preserve peace and prevent armed conflicts between
nations, it is likewise necessary to bear in mind the case where an appeal to arms may be brought
about by events beyond their responsibility to control;
Being animated also by the desire to serve, even in this extreme case, the interests of humanity
and the ever-progressive needs of civilization; and
Thinking it important, with this object, to revise the general laws and customs of war, with the
view on the one hand of defining them with greater precision, and, on the other hand, of confining
them within limits intended to mitigate their severity as far as possible;
Have deemed it necessary to complete and render more precise in certain particulars the work
of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by
the ideas dictated by a wise and generous forethought, adopted provisions intended to define and
regulate the usages of war on land.
According to the views of the High Contracting Parties, these provisions, the drafting of which
has been inspired by the desire to diminish the evils of war, so far as military requirements permit,
are intended to serve as a general rule of conduct for the belligerents in their mutual relations and
in their relations with the inhabitants.
It has not, however, been found possible at present to concert stipulations covering all the
circumstances which arise in practice;
On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases
should, in default of written agreement, be left to the arbitrary opinion of military commanders.
Until a more complete code of the laws of war can be drawn up, the High Contracting Parties
deem it expedient to declare that, in cases not covered by the rules adopted by them, the inhabitants and the belligerents remain under the protection and governance of the principlesof the law of
nations, derived from the usages established among civilized peoples, from the laws of humanity,
and from the dictates of the public conscience.
They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted
must be understood.
The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have
appointed as their Plenipotentiaries, that is to say:
(Here follow the names of the Plenipotentiaries)
Who, after having deposited their full powers, found to be in good and due form, have agreed
upon, the following:
Article 1
The Contracting Powers shall issue instructions to their armed land forces which shall he in
conformity with the Regulations respecting the Laws and Customs of War on Land, annexed to the
present Convention.
* This Convention is referred to as No. IV of the Instruments signed at the Second Peace Conference at
the Hague.
6
X. Law of armed conflict
Article 2
The provisions contained in the Regulations referred to in Article 1 as well as in the present
Convention, do not apply except between Contracting Powers, and then only if all the belligerents
are parties to the Convention.
Article 3
A belligerent party which violates the provisions of the said Regulations shall, if the case
demands, be liable to pay compensation. It shall be responsible for all acts committed by persons
forming part of its armed forces.
Article 4
The present Convention, duly ratified, shall replace, as between the Contracting Powers, the
Convention of the 29th July, 1899, respecting the Laws and Customs of War on Land.
The Convention of 1899 remains in force as between the Powers which signed it, but which do
not ratify the present Convention.
Article 5
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a Protocol signed by the Representatives of
the Powers which take part therein and by the Netherlands Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification,
addressed to the Netherlands Government and accompanied by the instrument of ratification.
A duly certified copy of the Protocol relating to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to
the Second Peace Conference, as well as to the other Powers which have acceded to the Convention.
The said Government shall, in the cases contemplated in the preceding paragraph, inform them at
the same time of the date on which it received the notification.
Article 6
Non-Signatory Powers may accede to the present Convention.
A Power which desires to accede notifies its intention in writing to the Netherlands Government, forwarding to it the act of accession, which shall be deposited in the archives of the said
Government.
The said Government shall immediately forward to all the other Powers a duly certified copy
of the notification as well as of the act of accession, mentioning the date on which it received the
notification.
Article 7
The present Convention shall take effect, in the case of the Powers which were parties to the first
deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case
of the Powers which shall ratify subsequently or which shall accede, sixty days after the notification of
their ratification or of their accession has been received by the Netherlands Government.
Article 8
In the event of one of the Contracting Powers wishing to denounce the present Convention, the
denunciation shall be notified in writing to the Netherlands Government, which shall immediately
Laws and customs of war on land
7
communicate a duly certified copy of the notification to all the other Powers, informing them of the
date on which it was received.
The denunciation shall only operate in respect of the denouncing Power, and only on the
expiry of one year after the notification has reached the Netherlands Government.
Article 9
A register kept by the Netherlands Ministry for Foreign Affairs shall record the date of the
deposit of ratifications effected in virtue of Article 5, paragraphs 3 and 4, as well as the date on which
the notifications of accession (Article 6, paragraph 2) or of denunciation (Article 8, paragraph 1)
have been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly
certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single original, which shall remain deposited
in the archives of the Netherlands Government, and of which duly certified copies shall be sent,
through the diplomatic channel, to the Powers invited to the Second Peace Conference.
Annex to the Convention
Regulations respecting the Laws and Customs of War on Land
Section I. Of Belligerents
Chapter I. The Status of Belligerent
Article 1
The laws, rights, and duties of war apply not only to the army, but also to militia and volunteer
corps fulfilling all the following conditions:
1. They must be commanded by a person responsible for his subordinates;
2. They must have a fixed distinctive sign recognizable at a distance;
3. They must carry arms openly; and
4. They must conduct their operations in accordance with the laws and customs of war.
In countries where militia or volunteer corps constitute the army, or form part of it, they are
included under the denomination “ army”.
Article 2
The inhabitants of a territory not under occupation, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves
in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they
respect the laws and customs of war.
Article 3
The armed forces of the belligerents may consist of combatants and non-combatants. In the
case of capture by the enemy, both have the right to be treated as prisoners of war.
Chapter II. Prisoners of War
Article 4
Prisoners of war are in the power of the hostile Government, but not of the individuals or
corps who capture them.
They must be humanely treated.
8
X. Law of armed conflict
All their personal belongings, except arms, horses and military papers, remain their property.
Article 5
Prisoners of war may be interned in a town, fortress, camp, or other place, and are bound not to
go beyond certain fixed limits; but they cannot be placed in confinement except as an indispensable
measure of safety and only while the circumstances which necessitate the measure continue to exist.
Article 6
The State may employ the labour of prisoners of war, other than officers, according to their
rank and capacity. The work shall not be excessive and shall have no connection with the operations
of the war.
Prisoners may be authorized to work for the public service, for private persons, or on their
own account.
Work done for the State is paid for at rates proportional to the work of a similar kind executed
by soldiers of the national army, or, if there are no such rates in force, at rates proportional to the
work executed.
When the work is for other branches of the public service or for private persons the conditions
are settled in agreement with the military authorities.
The wages of the prisoners shall go towards improving their position, and the balance shall be
paid them on their release, deductions on account of the cost of maintenance excepted.
Article 7
The Government into whose hands prisoners of war have fallen is charged with their maintenance.
In default of special agreement between the belligerents, prisoners of war shall be treated as
regards rations, quarters, and clothing on the same footing as the troops of the Government which
captured them.
Article 8
Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the
State in the power of which they are. Any act of insubordination justifies the adoption towards them
of such measures of severity as may be considered necessary.
Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any
punishment on account of their previous escape.
Article 9
Every prisoner of war is bound to give, if questioned on the subject, his true name and rank,
and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.
Article 10
Prisoners of war may be set at liberty on parole if the laws of their country allow it, and, in
such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own
Government and the Government by which they were made prisoners, the engagements they may
have contracted.
Laws and customs of war on land
9
In such cases their own Government is bound neither to require of nor accept from them any
service incompatible with the parole given.
Article 11
A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile
Government is not obliged to accede to the request of a prisoner to be set at liberty on parole.
Article 12
Prisoners of war liberated on parole and recaptured bearing arms against the Government to
which they had pledged their honour, or against the allies of that Government, forfeit their right to
be treated as prisoners of war, and may be put on trial before the Courts.
Article 13
Individuals following an army without directly belonging to it, such as newspaper correspondents or reporters, sutlers or contractors, who fall into the enemy’s hands and whom the latter thinks
it expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession
of a certificate from the military authorities of the army which they were accompanying.
Article 14
A bureau for information relative to prisoners of war is instituted at the commencement of
hostilities in each of the belligerent States, and, when necessary, in neutral countries which have
received belligerents on their territory. The business of this bureau is to reply to all inquiries about
the prisoners, to receive from the various services concerned full information respecting internments and transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well
as all other information necessary to enable it to make out and keep up to date an individual return
for each prisoner of war. The bureau must state in this return the regimental number, name and
surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding,
and death, as well as any observations of a special character. The individual return shall be sent to
the Government of the other belligerent after the conclusion of peace.
It is also the business of the information bureau to gather and keep together all personal
effects, valuables, letters, &c., found on the field of battle or left by prisoners who have been released
on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward
them to those concerned.
Article 15
Societies for the relief of prisoners of war, if properly constituted in accordance with the laws
of their country and with the object of serving as the channel for charitable effort, shall receive
from the belligerents, for themselves and their duly accredited agents, every facility for the efficient
performance of their humane task within the bounds imposed by military exigencies and administrative regulations. Representatives of these societies, when furnished with a personal permit by the
military authorities, may, on giving an undertaking in writing to comply with all measures of order
and police which they may have to issue, be admitted to the places of internment for the purpose of
distributing relief, as also to the halting places of repatriated prisoners.
Article 16
Information bureaux enjoy the privilege of free carriage. Letters, money, orders, and valuables,
as well as postal parcels, intended for prisoners of war, or dispatched by them, shall be exempt from
all postal charges in the countries of origin and destination, as well as in the countries they pass
through.
X. Law of armed conflict
10
Presents and relief in kind for prisoners of war shall be admitted free of all import or other
duties, as well as any payment for carriage by State railways.
Article 17
Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank
in the country where they are detained; the amount shall be refunded by their own Government.
Article 18
Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of their own Church, on the sole condition that they comply with the police
regulations issued by the military authorities.
Article 19
The wills of prisoners of war are received or drawn up in the same way as for soldiers of the
national army.
The same rules shall be followed as regards documents concerning the certification of the
death and also as to the burials of prisoners of war, due regard being paid to their grade and rank.
Article 20
After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.
Chapter III. The Sick and Wounded
Article 21
The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.
Section II. Of Hostilities
Chapter I. Means of Injuring the Enemy, Sieges, and Bombardments‘
Article 22
Belligerents have not got an unlimited right as to the choice of means of injuring the enemy.
Article 23
In addition to the prohibitions provided by special Conventions, it is particularly forbidden:
(a)
To employ poison or poisoned weapons;
(b) To kill or wound by treachery individuals belonging to the hostile nation or army;
(c) To kill or wound an enemy who, having laid down his arms, or no longer having means
of defence, has surrendered at discretion;
(d) To declare that no quarter will be given;
(e)
To employ arms, projectiles, or material calculated to cause unnecessary suffering;
(f ) To make improper use of a flag of truce, of the national flag, or of the military insignia
and uniform of the enemy, as well as of the distinctive signs of the Geneva Convention;
(g) To destroy or seize enemy property, unless such destruction or seizure be imperatively
demanded by the necessities of war;
(h) To declare abolished, suspended, or inadmissible the right of the subjects of the hostile
party to institute legal proceedings.
Laws and customs of war on land
11
A belligerent is likewise forbidden to compel the subjects of the hostile party to take part in
the operations of war directed against their own country, even if they were in the service of the belligerent before the commencement of the war.
Article 24
Ruses of war and the employment of measures necessary for obtaining information about the
enemy and the country are considered permissible.
Article 25
The attack or bombardment, by any means whatever, of undefended towns, villages, dwellings,
or buildings, is forbidden.
Article 26
The officer in command of an attacking force must do all in his power to warn the authorities
before commencing a bombardment, except in cases of assault.
Article 27
In sieges and bombardments all necessary steps must be taken to spare, as far as possible,
buildings dedicated to public worship, art, science, or charitable purposes, historic monuments,
hospitals, and places where the sick and wounded are collected, provided they are not being used at
the time for military purposes.
It is the duty of the besieged to indicate such buildings or places by distinctive and visible signs,
which shall be notified to the enemy beforehand.
Article 28
The giving over to pillage of a town or place, even when taken by assault, is forbidden.
Chapter II. Spies
Article 29
A person can only be considered a spy when, acting clandestinely or on false pretences, he
obtains or endeavours to obtain information in the zone of operations of a belligerent, with the
intention of communicating it to the hostile party.
Accordingly, soldiers not wearing a disguise who have penetrated into the zone of operations
of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the
following are not considered spies: Soldiers and civilians intrusted with the delivery of despatches
intended either for their own army or for the enemy’s army, and carrying out their mission openly.
To this class likewise belong persons sent in balloons for the purpose of carrying despatches and,
generally, of maintaining communications between the different parts of an army or a territory.
Article 30
A spy taken in the act shall not be punished without previous trial.
Article 31
A spy who, after rejoining the army to which he belongs, is subsequently captured by the
enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts as a spy.
12
X. Law of armed conflict
Chapter III. Flags of Truce
Article 32
A person is regarded as bearing a flag of truce who has been authorized by one of the belligerents to enter into communication with the other, and who presents himself under a white flag.
He is entitled to inviolability, as also the trumpeter, bugler or drummer, the flag-bearer and the
interpreter who might accompany him.
Article 33
The commander to whom a flag of truce is sent is not obliged in every case to receive it.
He may take all steps necessary in order to prevent the envoy from taking advantage of his
mission to obtain information.
In case of abuse, he has the right temporarily to detain the envoy.
Article 34
The envoy loses his rights of inviolability if it is proved in a positive and incontestable manner
that he has taken advantage of his privileged position to provoke or commit an act of treachery.
Chapter IV. Capitulations
Article 35
Capitulations agreed upon between the contracting parties must take into account the rules
of military honour.
Once settled, they must be scrupulously observed by both parties.
Chapter V. Armistices
Article 36
An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms
of the armistice.
Article 37
An armistice may be general or local. The first suspends the entire military operations of the
belligerent States; the second between certain portions of the belligerent armies only and within a
fixed zone.
Article 38
An armistice must be notified officially and in good time to the competent authorities and to
the troops. Hostilities are suspended immediately after the notification, or at the time fixed.
Article 39
It rests with the contracting parties to settle, in the terms of the armistice, the relations which
may be allowed in the theatre of war with, and between, the civil populations.
Article 40
Any serious violation of the armistice by one of the parties gives the other party the right of
denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.
Laws and customs of war on land
13
Article 41
A violation of the terms of the armistice by individuals acting on their own initiative only
entitles the injured party to demand the punishment of the offenders and, if there is occasion for it,
compensation for the losses sustained.
Section III. Military AUTHORITY OVER THE TERRITORY Of the Hostile State
Article 42
Territory is considered occupied when actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and is
in a position to assert itself.
Article 43
The authority of the power of the State having passed de facto into the hands of the occupant,
the latter shall do all >in his power to restore, and ensure, as far as possible, public order and safety,
respecting at the same time, unless absolutely prevented, the laws in force in the country.
Article 44
A belligerent is forbidden to compel the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defence.
Article 45
It is forbidden to force the inhabitants of occupied territory to swear allegiance to the hostile
Power.
Article 46
Family honour and rights, individual life, and private property, as well as religious convictions
and worship, muse be respected.
Private property may not be confiscated.
Article 47
Pillage is expressly forbidden.
Article 48
If, in the territory occupied, the occupant collects the taxes, dues, and tolls payable to the
State, he shall do so, as far as is possible, in accordance with the legal basis and assessment in force
at the time, and shall in consequence be bound to defray the expenses of the administration of the
occupied territory to the same extent as the national Government had been so bound.
Article 49
If, in addition to the taxes mentioned in the above Article, the occupant levies other money
contributions in the occupied territory, they shall only be applied to the needs of the army or of the
administration of the territory in question.
Article 50
No collective penalty, pecuniary or otherwise, shall be inflicted upon the population on account
of the acts of individuals for which it cannot be regarded as collectively responsible.
14
X. Law of armed conflict
Article 51
No contribution shall be collected except under a written order, and on the responsibility of
a General in command.
The collection of the said contribution shall only be effected in accordance, as far as is possible,
with the legal basis and assessment of taxes in force at the time.
For every contribution a receipt shall be given to the contributories.
Article 52
Requisitions in kind and services shall not be demanded from local authorities or inhabitants
except for the needs of the army of occupation. They shall be in proportion to the resources of the
country, and of such a nature as not to involve the inhabitants in the obligation of taking part in
military operations against their own country.
Such requisitions and services shall only be demanded on the authority of the commander in
the locality occupied.
Contributions in kind shall as far as possible be paid for in ready money; if not, a receipt shall
be given and the payment of the amount due shall be made as soon as possible.
Article 53
An army of occupation shall only take possession of cash, funds, and realizable securities which
are strictly the property of the State, depots of arms, means of transport, stores and supplies, and,
generally, all movable property belonging to the State which may be used for military operations.
Except in cases governed by naval law, all appliances adapted for the transmission of news, or
for the transport of persons or goods, whether on land, at sea, or in the air, depots of arms, and, in
general, all kinds of war material may be seized, even if they belong to private individuals, but they
must be restored at the conclusion of peace, and indemnities must be paid for them.
Article 54
Submarine cables connecting an occupied territory with a neutral territory shall not be seized
or destroyed except in the case of absolute necessity. They also must be restored at the conclusion of
peace, and indemnities paid for them.
Article 55
The occupying State shall be regarded only as administrator and usufructuary of public buildings, landed property, forests, and agricultural undertakings belonging to the hostile State, and
situated in the occupied country. It must safeguard the capital of such properties, and administer
them in accordance with the rules of usufruct.
Article 56
The property of local authorities, as well as that of institutions dedicated to public worship,
charity, education, and to science and art, even when State property, shall be treated as private
property.
Any seizure or destruction of, or wilful damage to, institutions of this character, historic
monuments and works of science and art, is forbidden, and should be made the subject of legal
proceedings.
Asphyxiating, poisonous or other gases
15
67. Protocol for the Prohibition of the Use of
Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare
Done at Geneva on 17 June 1925
Entry into force: 8 February 1928
League of Nations, Treaty Series, vol. 94, p. 65; Reg No. 2138
The undersigned Plenipotentiaries, in the name of their respective Governments:
(Here follow the names of Plenipotentiaries)
Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids
materials or devices, has been justly condemned by the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of
Powers of the world are Parties; and
To the end that this prohibition shall be universally accepted as a part of International Law,
binding alike the conscience and the practice of nations;
Declare:
That the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition to the use of bacteriological
methods of warfare and agree to be bound as between themselves according to the terms of this
declaration.
The High Contracting Parties will exert every effort to induce other States to accede to the
present Protocol. Such accession will be notified to the Government of the French Republic, and by
the latter to all Signatory and Acceding Powers, and will take effect on the date of the notification
by the Government of the French Republic.
The present Protocol of which the French and English texts are both authentic, shall be ratified
as soon as possible. It shall bear today’s date.
The ratifications of the present Protocol shall be addressed to the Government of the French
Republic, which will at once notify the deposit of such ratification to each of the Signatory and
Acceding Powers.
The instruments of ratification and accession to the present Protocol will remain deposited in
the archives of the Government of the French Republic.
The present Protocol will come into force for each Signatory Power as from the date of deposit
of its ratification, and, from that moment, each Power will be bound as regards other Powers which
have already deposited their ratifications.
In witness whereof the Plenipotentiaries have signed the present Protocol.
Done at Geneva in a single copy, the seventeenth day of June, One Thousand Nine Hundred
and Twenty-Five.
16
X. Law of armed conflict
68. GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF
THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD
Done at Geneva on 12 August 1949
Entry into force: 21 October 1950
United Nations, Treaty Series, vol. 75, p. 31; Reg. No. 970
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva
Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have
agreed as follows:
CHAPTER I. General Provisions
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between
two or more of the High Contracting Parties, even if the state of war is not recognized by one of
them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the
Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies
the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one
of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum,
the following provisions:
1) Persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse distinction founded on
race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2) The wounded and sick shall be collected and cared for.
Geneva Convention (I): Wounded and sick
17
An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to
the conflict.
Article 4
Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the
Parties to the conflict, received or interned in their territory, as well as to dead persons found.
Article 5
For the protected persons who have fallen into the hands of the enemy, the present Convention
shall apply until their final repatriation.
Article 6
In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and
52, the High Contracting Parties may conclude other special agreements for all matters concerning
which they may deem it suitable to make separate provision. No special agreement shall adversely
affect the situation of the wounded and sick, of members of the medical personnel or of chaplains,
as defined by the present Convention, nor restrict the rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall continue to have the
benefit of such agreements as long as the Convention is applicable to them, except where express
provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other of the Parties to
the conflict.
Article 7
Wounded and sick, as well as members of the medical personnel and chaplains, may in no
circumstances renounce in part or in entirety the rights secured to them by the present Convention,
and by the special agreements referred to in the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the scrutiny of the
Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this
purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates
from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall
be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate, to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their
mission under the present Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties. Their activities shall only be
restricted, as an exceptional and temporary measure, when this is rendered necessary by imperative
military necessities.
18
X. Law of armed conflict
Article 9
The provisions of the present Convention constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection
of wounded and sick, medical personnel and chaplains, and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an organization which offers
all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue
of the present Convention.
When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit,
no matter for what reason, by the activities of a Protecting Power or of an organization provided for
in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall
accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions
performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for
these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish
sufficient assurances that it is in a position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power
or its allies by reason of military events, more particularly where the whole, or a substantial part, of
the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention
also applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases
of disagreement between the Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall lend their good offices with a view
to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or
on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in
particular of the authorities responsible for the wounded and sick, members of medical personnel
and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be
bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if
necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power
or delegated by the International Committee of the Red Cross, who shall be invited to take part in
such a meeting.
CHAPTER II. Wounded and Sick
Article 12
Members of the armed forces and other persons mentioned in the following Article, who are
wounded or sick, shall be respected and protected in all circumstances.
Geneva Convention (I): Wounded and sick
19
They shall be treated humanely and cared for by the Party to the conflict in whose power they
may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall
be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture
or to biological experiments; they shall not wilfully be left without medical assistance and care, nor
shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as
far as military considerations permit, leave with them a part of its medical personnel and material
to assist in their care.
Article 13
The Present Convention shall apply to the wounded persons and sick belonging to the following categories:
1) Members of the armed forces of a Party to the conflict as well as members of militias or
volunteer corps forming part of such armed forces.
2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or volunteer corps, including
such organized resistance movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
3) Members of regular armed forces who profess allegiance to a Government or an authority
not recognized by the Detaining Power.
4) Persons who accompany the armed forces without actually being members thereof, such
as civilian members of military aircraft crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany.
5) Members of crews including masters, pilots and apprentices of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law.
6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously
take up arms to resist the invading forces, without having had time to form themselves into regular
armed units, provided they carry arms openly and respect the laws and customs of war.
Article 14
Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into
enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners
of war shall apply to them.
Article 15
At all times, and particularly after an engagement, Parties to the conflict shall, without delay,
take all possible measures to search for and collect the wounded and sick, to protect them against
pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their
being despoiled.
X. Law of armed conflict
20
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or
local arrangements made, to permit the removal, exchange and transport of the wounded left on
the battlefield.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal
or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical
and religious personnel and equipment on their way to that area.
Article 16
Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or
dead person of the adverse Party falling into their hands, any particulars which may assist in his
identification.
These records should if possible include:
(a)
designation of the Power on which he depends;
(b)
army, regimental, personal or serial number;
(c)
surname;
(d) first name or names;
(e)
date of birth;
(f ) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Information
Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949, which shall transmit this information to the Power on which these persons
depend through the intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward
through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which
are found on the dead. These articles, together with unidentified articles, shall be sent in sealed
packets, accompanied by statements giving all particulars necessary for the identification of the
deceased owners, as well as by a complete list of the contents of the parcel.
Article 17
Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical
examination, of the bodies, with a view to confirming death, establishing identity and enabling a
report to be made. One half of the double identity disc, or the identity disc itself if it is a single disc,
should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on
the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall
be stated in detail in the death certificate or on the authenticated list of the dead.
They shall further ensure that the dead are honourably interred, if possible according to the
rites of the religion to which they belonged, that their graves are respected, grouped if possible
according to the nationality of the deceased, properly maintained and marked so that they may
always be found. For this purpose, they shall organize at the commencement of hostilities an Official
Graves Registration Service, to allow subsequent exhumations and to ensure the identification of
bodies, whatever the site of the graves, and the possible transportation to the home country. These
Geneva Convention (I): Wounded and sick
21
provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service
until proper disposal thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities, these Services shall
exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists
showing the exact location and markings of the graves together with particulars of the dead interred
therein.
Article 18
The military authorities may appeal to the charity of the inhabitants voluntarily to collect and
care for, under their direction, the wounded and sick, granting persons who have responded to this
appeal the necessary protection and facilities. Should the adverse Party take or retake control of the
area, it shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in invaded or
occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The
civilian population shall respect these wounded and sick, and in particular abstain from offering
them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occupying Power of its obligation to
give both physical and moral care to the wounded and sick.
CHAPTER III. Medical Units and Establishments
Article 19
Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict.
Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their
duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and
sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments and units are,
as far as possible, situated in such a manner that attacks against military objectives cannot imperil
their safety.
Article 20
Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12,1949,
shall not be attacked from the land.
Article 21
The protection to which fixed establishments and mobile medical units of the Medical Service
are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts
harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.
Article 22
The following conditions shall not be considered as depriving a medical unit or establishment
of the protection guaranteed by Article 19:
1. That the personnel of the unit or establishment are armed, and that they use the arms in
their own defence, or in that of the wounded and sick in their charge.
2. That in the absence of armed orderlies, the unit or establishment is protected by a picket
or by sentries or by an escort.
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X. Law of armed conflict
3. That small arms and ammunition taken from the wounded and sick and not yet handed
to the proper service, are found in the unit or establishment.
4. That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.
5. That the humanitarian activities of medical units and establishments or of their personnel
extend to the care of civilian wounded or sick.
Article 23
In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties
to the conflict, may establish in their own territory and, if the need arises, in occupied areas, hospital
zones and localities so organized as to protect the wounded and sick from the effects of war, as well
as the personnel entrusted with the organization and administration of these zones and localities
and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude
agreements on mutual recognition of the hospital zones and localities they have created. They may
for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend
their good offices in order to facilitate the institution and recognition of these hospital zones and
localities.
CHAPTER IV. Personnel
Article 24
Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall
be respected and protected in all circumstances.
Article 25
Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or
treatment of the wounded and sick shall likewise be respected and protected if they are carrying out
these duties at the time when they come into contact with the enemy or fall into his hands.
Article 26
The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the
personnel named in Article 24, are placed on the same footing as the personnel named in the said
Article, provided that the staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of
the societies which it has authorized, under its responsibility, to render assistance to the regular
medical service of its armed forces.
Article 27
A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the
authorization of the Party to the conflict concerned. That personnel and those units shall be placed
under the control of that Party to the conflict.
Geneva Convention (I): Wounded and sick
23
The neutral Government shall notify this consent to the adversary of the State which accepts
such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse
Party thereof before making any use of it.
In no circumstances shall this assistance be considered as interference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the
identity cards provided for in Article 40 before leaving the neutral country to which they belong.
Article 28
Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall
be retained only in so far as the state of health, the spiritual needs and the number of prisoners of
war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least
benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War
of August 12, 1949. Within the framework of the military laws and regulations of the Detaining
Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war,
preferably those of the armed forces to which they themselves belong. They shall further enjoy the
following facilities for carrying out their medical or spiritual duties:
(a) They shall be authorized to visit periodically the prisoners of war in labour units or
hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport
required.
(b) In each camp the senior medical officer of the highest rank shall be responsible to the
military authorities of the camp for the professional activity of the retained medical personnel. For
this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the
corresponding seniority of the ranks of their medical personnel, including those of the societies
designated in Article 26. In all questions arising out of their duties, this medical officer, and the
chaplains, shall have direct access to the military and medical authorities of the camp who shall
grant them the facilities they may require for correspondence relating to these questions.
(c) Although retained personnel in a camp shall be subject to its internal discipline, they
shall not, however, be required to perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed
upon it with regard to the medical and spiritual welfare of the prisoners of war.
Article 29
Members of the personnel designated in Article 25 who have fallen into the hands of the
enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need
arises.
Article 30
Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be
returned to the Party to the conflict to whom they belong, as soon as a road is open for their return
and military requirements permit.
Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least
benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War
of August 12, 1949. They shall continue to fulfil their duties under the orders of the adverse Party
and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to
which they themselves belong.
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X. Law of armed conflict
On their departure, they shall take with them the effects, personal belongings, valuables and
instruments belonging to them.
Article 31
The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order
of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the
distribution of the said personnel in the camps.
Article 32
Persons designated in Article 27 who have fallen into the hands of the adverse Party may not
be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not
possible, to the territory of the Party to the conflict in whose service they were, as soon as a route
for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party;
they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in
whose service they were.
On their departure, they shall take with them their effects, personal articles and valuables and
the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food,
lodging, allowances and pay as are granted to the corresponding personnel of their armed forces.
The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.
CHAPTER V. Buildings and Material
Article 33
The material of mobile medical units of the armed forces which fall into the hands of the
enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establishments of the armed forces shall
remain subject to the laws of war, but may not be diverted from that purpose as long as they are
required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may
make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be intentionally destroyed.
Article 34
The real and personal property of aid societies which are admitted to the privileges of the
Convention shall be regarded as private property.
The right of requisition recognized for belligerents by the laws and customs of war shall not
be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick
has been ensured.
Geneva Convention (I): Wounded and sick
25
CHAPTER VI. Medical Transports
Article 35
Transports of wounded and sick or of medical equipment shall be respected and protected in
the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject
to the laws of war, on condition that the Party to the conflict who captures them shall in all cases
ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by requisition shall be subject to
the general rules of international law.
Article 36
Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and
sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be
respected by the belligerents, while flying at heights, times and on routes specifically agreed upon
between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with
their national colours, on their lower, upper and lateral surfaces. They shall be provided with any
other markings or means of identification that may be agreed upon between the belligerents upon
the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the
aircraft with its occupants may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy- occupied territory, the wounded
and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be
treated according to Article 24 and the Articles following.
Article 37
Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict
may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call.
They shall give the neutral Powers previous notice of their passage over the said territory and obey
all summons to alight, on land or water. They will be immune from attack only when flying on
routes, at heights and at times specifically agreed upon between the Parties to the conflict and the
neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of
medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally
to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by
medical aircraft, shall be detained by the neutral Power, where so required by international law, in
such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.
CHAPTER VII. The Distinctive Emblem
Article 38
As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground,
formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.
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X. Law of armed conflict
Nevertheless, in the case of countries which already use as emblem, in place of the red cross,
the red crescent or the red lion and sun on a white ground, those emblems are also recognized by
the terms of the present Convention.
Article 39
Under the direction of the competent military authority, the emblem shall be displayed on the
flags, armlets and on all equipment employed in the Medical Service.
Article 40
The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left
arm, a water- resistant armlet bearing the distinctive emblem, issued and stamped by the military
authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 16, shall also
carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and
of such size that it can be carried in the pocket. It shall be worded in the national language, shall
mention at least the surname and first names, the date of birth, the rank and the service number of
the bearer, and shall state in what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his signature or his finger-prints or
both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of
a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may
be guided by the model which is annexed, by way of example, to the present Convention. They shall
inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should
be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor
of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards
and to have the insignia replaced.
Article 41
The personnel designated in Article 25 shall wear, but only while carrying out medical duties,
a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and
stamped by the military authority.
Military identity documents to be carried by this type of personnel shall specify what special
training they have received, the temporary character of the duties they are engaged upon, and their
authority for wearing the armlet.
Article 42
The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the
military authorities.
In mobile units, as in fixed establishments, it may be accompanied by the national flag of the
Party to the conflict to which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag
other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as military considerations permit,
to make the distinctive emblems indicating medical units and establishments clearly visible to the
enemy land, air or naval forces, in order to obviate the possibility of any hostile action.
Geneva Convention (I): Wounded and sick
27
Article 43
The medical units belonging to neutral countries, which may have been authorized to lend
their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the
flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the
faculty conferred on him by Article 42.
Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party.
Article 44
With the exception of the cases mentioned in the following paragraphs of the present Article,
the emblem of the red cross on a white ground and the words “Red Cross”, or “Geneva Cross” may
not be employed, either in time of peace or in time of war, except to indicate or to protect the medical
units and establishments, the personnel and material protected by the present Convention and other
Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other Societies designated in Article 26 shall have the right to use the distinctive emblem
conferring the protection of the Convention only within the framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of
peace, in accordance with their national legislation, make use of the name and emblem of the Red
Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions
for the use of the emblem shall be such that it cannot be considered as conferring the protection of
the Convention; the emblem shall be comparatively small in size and may not be placed on armlets
or on the roofs of buildings.
The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the red cross on a white ground.
As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem
of the Convention may be employed in time of peace to identify vehicles used as ambulances and
to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to
the wounded or sick.
CHAPTER VIII. Execution of the Convention
Article 45
Each Party to the conflict, acting through its commanders-in-chief, shall ensure the detailed
execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.
Article 46
Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.
Article 47
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the
text of the present Convention as widely as possible in their respective countries, and, in particular,
to include the study thereof in their programmes of military and, if possible, civil instruction, so
that the principles thereof may become known to the entire population, in particular to the armed
fighting forces, the medical personnel and the chaplains.
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X. Law of armed conflict
Article 48
The High Contracting Parties shall communicate to one another through the Swiss Federal
Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application
thereof.
CHAPTER IX. Repression of Abuses and Infractions
Article 49
The High Contracting Parties undertake to enact any legislation necessary to provide effective
penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of
the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to
have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance
with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts
contrary to the provisions of the present Convention other than the grave breaches defined in the
following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and
defence, which shall not be less favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949.
Article 50
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments, wilfully causing great suffering
or serious injury to body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
Article 51
No High Contracting Party shall be allowed to absolve itself or any other High Contracting
Party of any liability incurred by itself or by another High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 52
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be
decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties
should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and
shall repress it with the least possible delay.
Article 53
The use by individuals, societies, firms or companies either public or private, other than those
entitled thereto under the present Convention, of the emblem or the designation “Red Cross” or
“Geneva Cross”, or any sign or designation constituting an imitation thereof, whatever the object of
such use, and irrespective of the date of its adoption, shall be prohibited at all times.
Geneva Convention (I): Wounded and sick
29
By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours,
and of the confusion which may arise between the arms of Switzerland and the distinctive emblem
of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks,
or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances
capable of wounding Swiss national sentiment, shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of
July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in
the first paragraph, a time limit not to exceed three years from the coming into force of the present
Convention to discontinue such use, provided that the said use shall not be such as would appear,
in time of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present Article shall also apply, without
effect on any rights acquired through prior use, to the emblems and marks mentioned in the second
paragraph of Article 38.
Article 54
The High Contracting Parties shall, if their legislation is not already adequate, take measures
necessary for the prevention and repression, at all times, of the abuses referred to under Article 53.
Final Provisions
Article 55
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made
in the Russian and Spanish languages.
Article 56
The present Convention, which bears the date of this day, is open to signature until February 12,1950, in the name of the Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that Conference but which are parties to
the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies
in the Field.
Article 57
The present Convention shall be ratified as soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies
of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
Article 58
The present Convention shall come into force six months after not less than two instruments
of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
Article 59
The present Convention replaces the Conventions of August 22, 1864, July 6, 1906 and
July 27, 1929, in relations between the High Contracting Parties.
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X. Law of armed conflict
Article 60
From the date of its coming into force, it shall be open to any Power in whose name the present
Convention has not been signed, to accede to this Convention.
Article 61
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
Article 62
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications
deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any
ratifications or accessions received from Parties to the conflict.
Article 63
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the
Swiss Federal Council. However, a denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect until peace has been concluded,
and until after operations connected with the release and repatriation of the persons protected by
the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way
impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the
principles of the law of nations, as they result from the usages established among civilized peoples,
from the laws of humanity and the dictates of the public conscience.
Article 64
The Swiss Federal Council shall register the present Convention with the Secretariat of the
United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of
all ratifications, accessions and denunciations received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their respective full powers, have signed
the present Convention.
Done at Geneva this twelfth day of August 1949, in the English and French languages. The
original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and acceding States.
ANNEX I
Draft Agreement relating to Hospital Zones and Localities
Article 1
Hospital zones shall be strictly reserved for the persons named in Article 23 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in
the Field of August 12, 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled.
Geneva Convention (I): Wounded and sick
31
Nevertheless, persons whose permanent residence is within such zones shall have the right to
stay there.
Article 2
No persons residing, in whatever capacity, in a hospital zone shall perform any work, either
within or without the zone, directly connected with military operations or the production of war
material.
Article 3
The Power establishing a hospital zone shall take all necessary measures to prohibit access to
all persons who have no right of residence or entry therein.
Article 4
Hospital zones shall fulfil the following conditions:
(a) They shall comprise only a small part of the territory governed by the Power which has
established them.
(b)
They shall be thinly populated in relation to the possibilities of accommodation.
(c) They shall be far removed and free from all military objectives, or large industrial or
administrative establishments.
(d) They shall not be situated in areas which, according to every probability, may become
important for the conduct of the war.
Article 5
Hospital zones shall be subject to the following obligations:
(a) The lines of communication and means of transport which they possess shall not be used
for the transport of military personnel or material, even in transit.
(b) They shall in no case be defended by military means.
Article 6
Hospital zones shall be marked by means of red crosses (red crescents, red lions and suns) on a
white background placed on the outer precincts and on the buildings. They may be similarly marked
at night by means of appropriate illumination.
Article 7
The Powers shall communicate to all the High Contracting Parties in peacetime or on the
outbreak of hostilities, a list of the hospital zones in the territories governed by them. They shall also
give notice of any new zones set up during hostilities.
As soon as the adverse Party has received the above-mentioned notification, the zone shall be
regularly constituted.
If, however, the adverse Party considers that the conditions of the present agreement have not
been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party
responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8.
Article 8
Any Power having recognized one or several hospital zones instituted by the adverse Party
shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement.
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For this purpose, the members of the Special Commissions shall at all times have free access
to the various zones and may even reside there permanently. They shall be given all facilities for
their duties of inspection.
Article 9
Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said
zone to these facts, and shall fix a time limit of five days within which the matter should be rectified.
They shall duly notify the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not complied with
the warning, the adverse Party may declare that it is no longer bound by the present agreement in
respect of the said zone.
Article 10
Any Power setting up one or more hospital zones and localities, and the adverse Parties to
whom their existence has been notified, shall nominate or have nominated by neutral Powers, the
persons who shall be members of the Special Commissions mentioned in Articles 8 and 9.
Article 11
In no circumstances may hospital zones be the object of attack. They shall be protected and
respected at all times by the Parties to the conflict.
Article 12
In the case of occupation of a territory, the hospital zones therein shall continue to be respected
and utilized as such.
Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated.
Article 13
The present agreement shall also apply to localities which the Powers may utilize for the same
purposes as hospital zones.
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X. Law of armed conflict
34
69. GENEVA CONVENTION FOR THE AMELIORATION OF THE
CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS
OF ARMED FORCES AT SEA
Done at Geneva on 12 August 1949
Entry into force: 21 October 1950
United Nations, Treaty Series, vol. 75, p. 85; Reg. No. 971
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague
Convention of October 18, 1907, for the Adaptation to Maritime Warfare of the Principles of the
Geneva Convention of 1906, have agreed as follows:
CHAPTER I. General Provisions
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between
two or more of the High Contracting Parties, even if the state of war is not recognized by one of
them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the
Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies
the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one
of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum,
the following provisions:
1) Persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse distinction founded on
race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2) The wounded, sick and shipwrecked shall be collected and cared for.
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An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to
the conflict.
Article 4
In case of hostilities between land and naval forces of Parties to the conflict, the provisions of
the present Convention shall apply only to forces on board ship. Forces put ashore shall immediately
become subject to the provisions of the Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Article 5
Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed
forces of the Parties to the conflict received or interned in their territory, as well as to dead persons
found.
Article 6
In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and
53, the High Contracting Parties may conclude other special agreements for all matters concerning
which they may deem it suitable to make separate provision. No special agreement shall adversely
affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers
upon them.
Wounded, sick, and shipwrecked persons, as well as medical personnel and chaplains, shall
continue to have the benefit of such agreements as long as the Convention is applicable to them,
except where express provisions to the contrary are contained in the aforesaid or in subsequent
agreements, or where more favourable measures have been taken with regard to them by one or
other of the Parties to the conflict.
Article 7
Wounded, sick and shipwrecked persons, as well as members of the medical personnel and
chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by
the present Convention, and by the special agreements referred to in the foregoing Article, if such
there be.
Article 8
The present Convention shall be applied with the cooperation and under the scrutiny of the
Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this
purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates
from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall
be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their
mission under the present Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties. Their activities shall only be
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X. Law of armed conflict
restricted as an exceptional and temporary measure when this is rendered necessary by imperative
military necessities.
Article 9
The provisions of the present Convention constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection
of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an organization which offers
all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue
of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or
cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State,
or such an organization, to undertake the functions performed under the present Convention by a
Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall
accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions
performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for
these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish
sufficient assurances that it is in a position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power
or its allies by reason of military events, more particularly where the whole, or a substantial part, of
the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention
also applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases
of disagreement between the Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall lend their good offices with a view
to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or
on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in
particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be
bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if
necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power
or delegated by the International Committee of the Red Cross, who shall be invited to take part in
such a meeting.
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CHAPTER II. Wounded, Sick and Shipwrecked
Article 12
Members of the armed forces and other persons mentioned in the following Article, who
are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and
includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict in whose
power they may be, without any adverse distinction founded on sex, race, nationality, religion,
political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their
persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated,
subjected to torture or to biological experiments; they shall not wilfully be left without medical
assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
Article 13
The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to
the following categories:
1) Members of the armed forces of a Party to the conflict, as well as members of militias or
volunteer corps forming part of such armed forces.
2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or volunteer corps, including
such organized resistance movements, fulfil the following conditions:
(a)
that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c)
that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
3) Members of regular armed forces who profess allegiance to a Government or an authority
not recognized by the Detaining Power.
4) Persons who accompany the armed forces without actually being members thereof, such as
civilian members of military aircraft crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany.
5) Members of crews, including masters, pilots and apprentices of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously
take up arms to resist the invading forces, without having had time to form themselves into regular
armed units, provided they carry arms openly and respect the laws and customs of war.
Article 14
All warships of a belligerent Party shall have the right to demand that the wounded, sick or
shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to
private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the
warship can provide adequate facilities for necessary medical treatment.
X. Law of armed conflict
38
Article 15
If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral
military aircraft, it shall be ensured, where so required by international law, that they can take no
further part in operations of war.
Article 16
Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who
fall into enemy hands shall be prisoners of war, and the provisions of international law concerning
prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it
is expedient to hold them, or to convey them to a port in the captor’s own country, to a neutral port
or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home
country may not serve for the duration of the war.
Article 17
Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the
local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent
Powers, be so guarded by the neutral Power, where so required by international law, that the said
persons cannot again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power on whom
the wounded, sick or shipwrecked persons depend.
Article 18
After each engagement, Parties to the conflict shall, without delay, take all possible measures
to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and
ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being
despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements
for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage
of medical and religious personnel and equipment on their way to that area.
Article 19
The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked,
wounded, sick or dead person of the adverse Party falling into their hands, any particulars which
may assist in his identification. These records should if possible include:
(a)
designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c)
surname;
(d) first name or names;
(e)
date of birth;
(f ) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the Information
Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12,1949, which shall transmit this information to the Power on which these persons
depend through the intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
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Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward
through the same bureau one half of the double identity disc, or the identity disc itself if it is a
single disc, last wills or other documents of importance to the next of kin, money and in general all
articles of an intrinsic or sentimental value, which are found on the dead. These articles together
with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all
particulars necessary for the identification of the deceased owners, as well as by a complete list of
the contents of the parcel.
Article 20
Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far
as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be
made. Where a double identity disc is used, one half of the disc should remain on the body.
If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of
the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be
applicable.
Article 21
The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and
to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord collected
wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such
assistance.
They may, in no case, be captured on account of any such transport; but, in the absence of any
promise to the contrary, they shall remain liable to capture for any violations of neutrality they may
have committed.
CHAPTER III. Hospital Ships
Article 22
Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely
with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting
them, may in no circumstances be attacked or captured, but shall at all times be respected and
protected, on condition that their names and descriptions have been notified to the Parties to the
conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.
Article 23
Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949,
shall be protected from bombardment or attack from the sea.
Article 24
Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies
or by private persons shall have the same protection as military hospital ships and shall be exempt
from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with.
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X. Law of armed conflict
These ships must be provided with certificates from the responsible authorities, stating that
the vessels have been under their control while fitting out and on departure.
Article 25
Hospital ships utilized by National Red Cross Societies, officially recognized relief societies,
or private persons of neutral countries shall have the same protection as military hospital ships and
shall be exempt from capture, on condition that they have placed themselves under the control of
one of the Parties to the conflict, with the previous consent of their own governments and with the
authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with.
Article 26
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage
and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort
and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded,
sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000
tons gross.
Article 27
Under the same conditions as those provided for in Articles 22 and 24, small craft employed
by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall
also be respected and protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used exclusively by these
craft for their humanitarian missions.
Article 28
Should fighting occur on board a warship, the sick-bays shall be respected and spared as far
as possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not
be diverted from their purpose so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the
wounded and sick who are accommodated therein, apply them to other purposes in case of urgent
military necessity.
Article 29
Any hospital ship in a port which falls into the hands of the enemy shall be authorized to
leave the said port.
Article 30
The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the
wounded, sick and shipwrecked without distinction of nationality.
The High Contracting Parties undertake not to use these vessels for any military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Article 31
The Parties to the conflict shall have the right to control and search the vessels mentioned in
Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them
take a certain course, control the use of their wireless and other means of communication, and even
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41
detain them for a period not exceeding seven days from the time of interception, if the gravity of
the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that orders
given in virtue of the provisions of the preceding paragraph are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a
language he can understand, the orders they have given the captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements, put on board their
ships neutral observers who shall verify the strict observation of the provisions contained in the
present Convention.
Article 32
Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay
in a neutral port.
Article 33
Merchant vessels which have been transformed into hospital ships cannot be put to any other
use throughout the duration of hostilities.
Article 34
The protection to which hospital ships and sick-bays are entitled shall not cease unless they
are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may,
however, cease only after due warning has been given, naming in all appropriate cases a reasonable
time limit, and after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless or other
means of communication.
Article 35
The following conditions shall not be considered as depriving hospital ships or sick-bays of
vessels of the protection due to them:
1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their
own defence or that of the sick and wounded.
2) The presence on board of apparatus exclusively intended to facilitate navigation or communication.
3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition
taken from the wounded, sick and shipwrecked and not yet handed to the proper service.
4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the
crews extend to the care of wounded, sick or shipwrecked civilians.
5) The transport of equipment and of personnel intended exclusively for medical duties, over
and above the normal requirements.
CHAPTER IV. Personnel
Article 36
The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital
ship, whether or not there are wounded and sick on board.
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X. Law of armed conflict
Article 37
The religious, medical and hospital personnel assigned to the medical or spiritual care of the
persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected
and protected; they may continue to carry out their duties as long as this is necessary for the care
of the wounded and sick. They shall afterwards be sent back as soon as the Commander- in-Chief,
under whose authority they are, considers it practicable. They may take with them, on leaving the
ship, their personal property.
If, however, it proves necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
CHAPTER V. Medical Transports
Article 38
Ships chartered for that purpose shall be authorized to transport equipment exclusively
intended for the treatment of wounded and sick members of armed forces or for the prevention of
disease, provided that the particulars regarding their voyage have been notified to the adverse Power
and approved by the latter. The adverse Power shall preserve the right to board the carrier ships, but
not to capture them or to seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be placed on board
such ships to verify the equipment carried. For this purpose, free access to the equipment shall be
given.
Article 39
Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded, sick
and shipwrecked, and for the transport of medical personnel and equipment, may not be the object
of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on
routes specifically agreed upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article 41, together
with their national colours, on their lower, upper and lateral surfaces. They shall be provided with
any other markings or means of identification which may be agreed upon between the Parties to the
conflict upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the event of having
thus to alight, the aircraft with its occupants may continue its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory,
the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The
medical personnel shall be treated according to Articles 36 and 37.
Article 40
Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict
may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of
call. They shall give neutral Powers prior notice of their passage over the said territory, and obey
every summons to alight, on land or water. They will be immune from attack only when flying on
routes, at heights and at times specifically agreed upon between the Parties to the conflict and the
neutral Power concerned.
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43
The neutral Powers may, however, place conditions or restrictions on the passage or landing of
medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally
to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the
wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on
neutral territory by medical aircraft shall be detained by the neutral Power, where so required by
international law, in such a manner that they cannot again take part in operations of war. The cost
of their accommodation and internment shall be borne by the Power on which they depend.
CHAPTER VI. The Distinctive Emblem
Article 41
Under the direction of the competent military authority, the emblem of the red cross on a
white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical
Service.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross,
the red crescent or the red lion and sun on a white ground, these emblems are also recognized by
the terms of the present Convention.
Article 42
The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a waterresistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also
carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and
of such size that it can be carried in the pocket. It shall be worded in the national language, shall
mention at least the surname and first names, the date of birth, the rank and the service number of
the bearer, and shall state in what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his signature or his fingerprints or
both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of
a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may
be guided by the model which is annexed, by way of example, to the present Convention. They shall
inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should
be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor
of the right to wear the armlet. In cases of loss they shall be entitled to receive duplicates of the cards
and to have the insignia replaced.
Article 43
The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows:
(a)
All exterior surfaces shall be white.
(b) One or more dark red crosses, as large as possible, shall be painted and displayed on each
side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility
from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag and further, if
they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted.
A white flag with a red cross shall be flown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service
shall be painted white with dark red crosses prominently displayed and shall, in general, comply
with the identification system prescribed above for hospital ships.
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X. Law of armed conflict
The above-mentioned ships and craft, which may wish to ensure by night and in times of
reduced visibility the protection to which they are entitled, must, subject to the assent of the Party
to the conflict under whose power they are, take the necessary measures to render their painting
and distinctive emblems sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy,
must haul down the flag of the Party to the conflict in whose service they are or whose direction
they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from
a base which is occupied, may be allowed, when away from their base, to continue to fly their own
national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply equally to the other
emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual agreements, in order to
use the most modern methods available to facilitate the identification of hospital ships.
Article 44
The distinguishing signs referred to in Article 43 can only be used, whether in time of peace
or war, for indicating or protecting the ships therein mentioned, except as may be provided in any
other international Convention or by agreement between all the Parties to the conflict concerned.
Article 45
The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs
provided for under Article 43.
CHAPTER VII. Execution of the Convention
Article 46
Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed
execution of the preceding Articles and provide for unforeseen cases, in conformity with the general
principles of the present Convention.
Article 47
Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the
equipment protected by the Convention are prohibited.
Article 48
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the
text of the present Convention as widely as possible in their respective countries, and, in particular,
to include the study thereof in their programmes of military and, if possible, civil instruction, so
that the principles thereof may become known to the entire population, in particular to the armed
fighting forces, the medical personnel and the chaplains.
Article 49
The High Contracting Parties shall communicate to one another through the Swiss Federal
Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application
thereof.
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CHAPTER VIII. Repression of Abuses and Infractions
Article 50
The High Contracting Parties undertake to enact any legislation necessary to provide effective
penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of
the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to
have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance
with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts
contrary to the provisions of the present Convention other than the grave breaches defined in the
following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and
defence, which shall not be less favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Article 51
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments, wilfully causing great suffering
or serious injury to body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
Article 52
No High Contracting Party shall be allowed to absolve itself or any other High Contracting
Party of any liability incurred by itself or by another High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 53
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be
decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties
should agree on the choice of an umpire, who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and
shall repress it with the least possible delay.
Final Provisions
Article 54
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made
in the Russian and Spanish languages.
Article 55
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties
to the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the
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X. Law of armed conflict
principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929
for the Relief of the Wounded and Sick in Armies in the Field.
Article 56
The present Convention shall be ratified as soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies
of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
Article 57
The present Convention shall come into force six months after not less than two instruments
of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instruments of ratification.
Article 58
The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between
the High Contracting Parties.
Article 59
From the date of its coming into force, it shall be open to any Power in whose name the present
Convention has not been signed, to accede to this Convention.
Article 60
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
Article 61
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications
deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any
ratifications or accessions received from Parties to the conflict.
Article 62
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the
Swiss Federal Council. However, a denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect until peace has been concluded,
and until after operations connected with the release and repatriation of the persons protected by
the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way
impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the
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47
principles of the law of nations, as they result from the usages established among civilized peoples,
from the laws of humanity and the dictates of the public conscience.
Article 63
The Swiss Federal Council shall register the present Convention with the Secretariat of the
United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of
all ratifications, accessions and denunciations received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their respective full powers, have signed
the present Convention.
Done at Geneva this twelfth day of August 1949, in the English and French languages. The
original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and acceding States.
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X. Law of armed conflict
Geneva Convention (III): Prisoners of war
49
70. Geneva convention RELATIVE to THE TREATMENT
of prisoners of war
Done at Geneva on 12 August 1949
Entry into force: 21 October 1950
United Nations, Treaty Series, vol. 75, p. 135; Reg. No. 972
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention
concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as
follows:
PART I. GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between
two or more of the High Contracting Parties, even if the state of war is not recognized by one of
them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the
Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies
the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one
of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum,
the following provisions:
1) Persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse distinction founded on
race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.
X. Law of armed conflict
50
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to
the conflict.
Article 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the
following categories, who have fallen into the power of the enemy:
1) Members of the armed forces of a Party to the conflict as well as members of militias or
volunteer corps forming part of such armed forces.
2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or volunteer corps, including
such organized resistance movements, fulfil the following conditions:
(a)
that of being commanded by a person responsible for his subordinates;
(b)
that of having a fixed distinctive sign recognizable at a distance;
(c)
that of carrying arms openly;
(d)
that of conducting their operations in accordance with the laws and customs of war.
3) Members of regular armed forces who profess allegiance to a government or an authority
not recognized by the Detaining Power.
4) Persons who accompany the armed forces without actually being members thereof, such as
civilian members of military aircraft crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany, who shall provide them for
that purpose with an identity card similar to the annexed model.
5) Members of crews, including masters, pilots and apprentices of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously
take up arms to resist the invading forces, without having had time to form themselves into regular
armed units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present Convention:
1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the
occupying Power considers it necessary by reason of such allegiance to intern them, even though
it has originally liberated them while hostilities were going on outside the territory it occupies, in
particular where such persons have made an unsuccessful attempt to rejoin the armed forces to
which they belong and which are engaged in combat, or where they fail to comply with a summons
made to them with a view to internment.
2) The persons belonging to one of the categories enumerated in the present Article, who have
been received by neutral or nonbelligerent Powers on their territory and whom these Powers are
required to intern under international law, without prejudice to any more favourable treatment
which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and
the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power.
Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall
be allowed to perform towards them the functions of a Protecting Power as provided in the present
Convention, without prejudice to the functions which these Parties normally exercise in conformity
with diplomatic and consular usage and treaties.
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51
C. This Article shall in no way affect the status of medical personnel and chaplains as provided
for in Article 33 of the present Convention.
Article 5
The present Convention shall apply to the persons referred to in Article 4 from the time they
fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons having committed a belligerent act and having
fallen into the hands of the enemy belong to any of the categories enumerated in Article 4, such
persons shall enjoy the protection of the present Convention until such time as their status has been
determined by a competent tribunal.
Article 6
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67,
72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it suitable to make separate provision.
No special agreement shall adversely affect the situation of prisoners of war, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable measures have been taken with
regard to them by one or other of the Parties to the conflict.
Article 7
Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to
them by the present Convention, and by the special agreements referred to in the foregoing Article,
if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the scrutiny of the
Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this
purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates
from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall
be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their
mission under the present Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties.
Article 9
The provisions of the present Convention constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection
of prisoners of war and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an organization which offers
all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue
of the present Convention.
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X. Law of armed conflict
When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the
activities of a Protecting Power or of an organization provided for in the first paragraph above,
the Detaining Power shall request a neutral state, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to
a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall
accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions
performed by Protecting Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or offering itself for
these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish
sufficient assurances that it is in a position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power
or its allies by reason of military events, more particularly where the whole, or a substantial part, of
the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention
applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases
of disagreement between the Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall lend their good offices with a view
to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or
on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for
this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the
conflict a person belonging to a neutral Power, or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.
PART II. GENERAL PROTECTION OF PRISONERS OF WAR
Article 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military
units who have captured them. Irrespective of the individual responsibilities that may exist, the
Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party
to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of
such transferee Power to apply the Convention. When prisoners of war are transferred under such
circumstances, responsibility for the application of the Convention rests on the Power accepting
them while they are in its custody.
Nevertheless if that Power fails to carry out the provisions of the Convention in any important
respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the
Protecting Power, take effective measures to correct the situation or shall request the return of the
prisoners of war. Such requests must be complied with.
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53
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the
Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular,
no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments
of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence
or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 14
Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all cases benefit by
treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory,
of the rights such capacity confers except in so far as the captivity requires.
Article 15
The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.
Article 16
Taking into consideration the provisions of the present Convention relating to rank and sex,
and subject to any privileged treatment which may be accorded to them by reason of their state of
health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political
opinions, or any other distinction founded on similar criteria.
PART III. CAPTIVITY
SECTION I. BEGINNING OF CAPTIVITY
Article 17
Every prisoner of war, when questioned on the subject, is bound to give only his surname,
first names and rank, date of birth, and army, regimental, personal or serial number, or failing this,
equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges
accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable
to become prisoners of war, with an identity card showing the owner’s surname, first names, rank,
army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the finger-prints, or both, of the owner, and may
bear, as well, any other information the Party to the conflict may wish to add concerning persons
belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be
issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may
in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of
war to secure from them information of any kind whatever. Prisoners of war who refuse to answer
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X. Law of armed conflict
may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any
kind.
Prisoners of war who, owing to their physical or mental condition, are unable to state their
identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they understand.
Article 18
All effects and articles of personal use, except arms, horses, military equipment and military
documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas
masks and like articles issued for personal protection. Effects and articles used for their clothing
or feeding shall likewise remain in their possession, even if such effects and articles belong to their
regulation military equipment.
At no time should prisoners of war be without identity documents. The Detaining Power shall
supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order
of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the
person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed
into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account
as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for reasons of
security; when such articles are withdrawn, the procedure laid down for sums of money impounded
shall apply.
Such objects, likewise the sums taken away in any currency other than that of the Detaining
Power and the conversion of which has not been asked for by the owners, shall be kept in the custody
of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of
their captivity.
Article 19
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated
in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater risks by
being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from
a fighting zone.
Article 20
The evacuation of prisoners of war shall always be effected humanely and in conditions similar
to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient
food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as
soon as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay in such
camps shall be as brief as possible.
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55
section II. INTERNMENT OF PRISONERS OF WAR
Chapter I. General Observations
Article 21
The Detaining Power may subject prisoners of war to internment. It may impose on them
the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the
said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present
Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close
confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so far as is
allowed by the laws of the Power on which they depend. Such measures shall be taken particularly
in cases where this may contribute to the improvement of their state of health. No prisoner of war
shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the
laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise.
Prisoners of war who are paroled or who have given their promise in conformity with the laws and
regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the
Power on which they depend and towards the Power which has captured them, the engagements of
their paroles or promises. In such cases, the Power on which they depend is bound neither to require
nor to accept from them any service incompatible with the parole or promise given.
Article 22
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of
the prisoners themselves, they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall
be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according
to their nationality, language and customs, provided that such prisoners shall not be separated from
prisoners of war belonging to the armed forces with which they were serving at the time of their
capture, except with their consent.
Article 23
No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to
the fire of the combat zone, nor may his presence be used to render certain points or areas immune
from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of war, to the
same extent as the local civilian population. With the exception of those engaged in the protection
of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after
the giving of the alarm. Any other protective measure taken in favour of the population shall also
apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the
day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall
be marked as such.
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X. Law of armed conflict
Article 24
Transit or screening camps of a permanent kind shall be fitted out under conditions similar
to those described in the present Section, and the prisoners therein shall have the same treatment
as in other camps.
Chapter II. Quarters, Food and Clothing of Prisoners of War
Article 25
Prisoners of war shall be quartered under conditions as favourable as those for the forces of the
Detaining Power who are billeted in the same area. The said conditions shall make allowance for the
habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as
regards both total surface and minimum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war individually or collectively, shall be
entirely protected from dampness and adequately heated and lighted, in particular between dusk
and lights out. All precautions must be taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are accommodated, separate
dormitories shall be provided for them.
Article 26
The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners
of war in good health and to prevent loss of weight or the development of nutritional deficiencies.
Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as
are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be
permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they
may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of
preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
Article 27
Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the
prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should,
if suitable for the climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining
Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the
nature of the work demands.
Article 28
Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap
and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market
prices.
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57
The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund
shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in
the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to an
international welfare organization, to be employed for the benefit of prisoners of war of the same
nationality as those who have contributed to the fund. In case of a general repatriation, such profits
shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers
concerned.
Chapter III. Hygiene and Medical Attention
Article 29
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the
cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform to the
rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women
prisoners of war are accommodated, separate conveniences shall be provided for them.
Also, apart from the baths and showers with which the camps shall be furnished, prisoners
of war shall be provided with sufficient water and soap for their personal toilet and for washing
their personal laundry; the necessary installations, facilities and time shall be granted them for
that purpose.
Article 30
Every camp shall have an adequate infirmary where prisoners of war may have the attention
they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of
contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical
unit where such treatment can be given, even if their repatriation is contemplated in the near future.
Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind,
and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the Power on
which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the medical authorities
for examination. The detaining authorities shall, upon request, issue to every prisoner who has
undergone treatment, an official certificate indicating the nature of his illness or injury, and the
duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the
Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary for the maintenance of
prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles,
shall be borne by the Detaining Power.
Article 31
Medical inspections of prisoners of war shall be held at least once a month. They shall include
the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in
particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to
detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose
the most efficient methods available shall be employed, e.g. periodic mass miniature radiography
for the early detection of tuberculosis.
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X. Law of armed conflict
Article 32
Prisoners of war who, though not attached to the medical service of their armed forces, are
physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power
to exercise their medical functions in the interests of prisoners of war dependent on the same Power.
In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any
other work under Article 49.
Chapter IV. Medical Personnel and Chaplains
Retained to Assist Prisoners of War
Article 33
Members of the medical personnel and chaplains while retained by the Detaining Power with
a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also
be granted all facilities necessary to provide for the medical care of, and religious ministration to
prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit of prisoners
of war, preferably those belonging to the armed forces upon which they depend, within the scope
of the military laws and regulations of the Detaining Power and under the control of its competent
services, in accordance with their professional etiquette. They shall also benefit by the following
facilities in the exercise of their medical or spiritual functions:
(a) They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their
disposal the necessary means of transport.
(b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose,
Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding
ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal
with the competent authorities of the camp on all questions relating to their duties. Such authorities
shall afford them all necessary facilities for correspondence relating to these questions.
(c) Although they shall be subject to the internal discipline of the camp in which they are
retained, such personnel may not be compelled to carry out any work other than that concerned
with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the possible relief of
retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with
regard to prisoners of war from the medical or spiritual point of view.
Chapter V. Religious, Intellectual and Physical Activities
Article 34
Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including
attendance at the service of their faith, on condition that they comply with the disciplinary routine
prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.
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Article 35
Chaplains who fall into the hands of the enemy Power and who remain or are retained with
a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely
their ministry amongst prisoners of war of the same religion, in accordance with their religious
conscience. They shall be allocated among the various camps and labour detachments containing
prisoners of war belonging to the same forces, speaking the same language or practising the same
religion. They shall enjoy the necessary facilities, including the means of transport provided for in
Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond,
subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities
in the country of detention and with international religious organizations. Letters and cards which
they may send for this purpose shall be in addition to the quota provided for in Article 71.
Article 36
Prisoners of war who are ministers of religion, without having officiated as chaplains to their
own forces, shall be at liberty, whatever their denomination, to minister freely to the members of
their community. For this purpose, they shall receive the same treatment as the chaplains retained
by the Detaining Power. They shall not be obliged to do any other work.
Article 37
When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war
minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his
absence a qualified layman, if such a course is feasible from a confessional point of view, shall be
appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject
to the approval of the Detaining Power, shall take place with the agreement of the community of
prisoners concerned and, wherever necessary, with the approval of the local religious authorities
of the same faith. The person thus appointed shall comply with all regulations established by the
Detaining Power in the interests of discipline and military security.
Article 38
While respecting the individual preferences of every prisoner, the Detaining Power shall
encourage the practice of intellectual, educational, and recreational pursuits, sports and games
amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing
them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and games
and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps.
Chapter VI. Discipline
Article 39
Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall
have in his possession a copy of the present Convention; he shall ensure that its provisions are
known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers of the
Detaining Power the external marks of respect provided for by the regulations applying in their
own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining
Power; they must, however, salute the camp commander regardless of his rank.
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X. Law of armed conflict
Article 40
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.
Article 41
In every camp the text of the present Convention and its Annexes and the contents of any
special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, at places
where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have
access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners
of war shall be issued to them in a language which they understand. Such regulations, orders and
publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must
likewise be given in a language which they understand.
Article 42
The use of weapons against prisoners of war, especially against those who are escaping or
attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.
Chapter VII. Rank of Prisoners of War
Article 43
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another
the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order
to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are
subsequently created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend.
Article 44
Officers and prisoners of equivalent status shall be treated with the regard due to their rank
and age.
In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far
as possible, speak the same language, shall be assigned in sufficient numbers, account being taken
of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to
perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every way.
Article 45
Prisoners of war other than officers and prisoners of equivalent status shall be treated with the
regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way.
Chapter VIII. Transfer of Prisoners of War after their Arrival in Camp
Article 46
The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into
account the interests of the prisoners themselves, more especially so as not to increase the difficulty
of their repatriation.
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61
The transfer of prisoners of war shall always be effected humanely and in conditions not less
favourable than those under which the forces of the Detaining Power are transferred. Account shall
always be taken of the climatic conditions to which the prisoners of war are accustomed and the
conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufficient food and
drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by
sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred
prisoners before their departure.
Article 47
Sick or wounded prisoners of war shall not be transferred as long as their recovery may be
endangered by the journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be
transferred unless their transfer can be carried out in adequate conditions of safety, or if they are
exposed to greater risks by remaining on the spot than by being transferred.
Article 48
In the event of transfer, prisoners of war shall be officially advised of their departure and of
their new postal address. Such notifications shall be given in time for them to pack their luggage
and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and
parcels which have arrived for them. The weight of such baggage may be limited, if the conditions
of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more
than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them without delay.
The camp commander shall take, in agreement with the prisoners’ representative, any measures
needed to ensure the transport of the prisoners’ community property and of the luggage they are
unable to take with them in consequence of restrictions imposed by virtue of the second paragraph
of this Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III. LABOUR OF PRISONERS OF WAR
Article 49
The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking
into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining
them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only be required to do supervisory
work. Those not so required may ask for other suitable work which shall, so far as possible, be found
for them.
If officers or persons of equivalent status ask for suitable work, it shall be found for them, so
far as possible, but they may in no circumstances be compelled to work.
Article 50
Besides work connected with camp administration, installation or maintenance, prisoners of
war may be compelled to do only such work as is included in the following classes:
(a)
agriculture;
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X. Law of armed conflict
(b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public
works and building operations which have no military character or purpose;
(c) transport and handling of stores which are not military in character or purpose;
(d) commercial business, and arts and crafts;
(e) domestic service;
(f) public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall be allowed to exercise their
right of complaint, in conformity with Article 78.
Article 51
Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals
of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in
which prisoners are employed, the national legislation concerning the protection of labour, and,
more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable
to the work they will have to do and similar to those accorded to the nationals of the Detaining
Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run
by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary measures.
Article 52
Unless he be a volunteer, no prisoner of war may be employed on labour which is of an
unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as humiliating for
a member of the Detaining Power’s own forces.
The removal of mines or similar devices shall be considered as dangerous labour.
Article 53
The duration of the daily labour of prisoners of war, including the time of the journey to and
from, shall not be excessive, and must in no case exceed that permitted for civilian workers in the
district, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one
hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the
latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours
every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every
prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which
his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the working period shall
not be rendered excessive thereby.
Article 54
The working pay due to prisoners of war shall be fixed in accordance with the provisions of
Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract a disease in
the course, or in consequence of their work, shall receive all the care their condition may require.
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63
The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to
the Central Prisoners of War Agency provided for in Article 123.
Article 55
The fitness of prisoners of war for work shall be periodically verified by medical examinations
at least once a month. The examinations shall have particular regard to the nature of the work which
prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be permitted to appear
before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.
Article 56
The organization and administration of labour detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and administratively part of a
prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present
Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments dependent on
his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.
Article 57
The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the
present Convention. The Detaining Power, the military authorities and the commander of the camp
to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment,
and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the prisoners’
representatives in the camps on which they depend.
SECTION IV. FINANCIAL RESOURCES OF PRISONERS OF WAR
Article 58
Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in
any similar form, that prisoners may have in their possession. Any amount in excess, which was
properly in their possession and which has been taken or withheld from them, shall be placed to
their account, together with any monies deposited by them, and shall not be converted into any
other currency without their consent.
If prisoners of war are permitted to purchase services or commodities outside the camp against
payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will
establish the necessary rules in this respect.
Article 59
Cash which was taken from prisoners of war, in accordance with Article 18, at the time of
their capture, and which is in the currency of the Detaining Power, shall be placed to their separate
accounts, in accordance with the provisions of Article 64 of the present Section.
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X. Law of armed conflict
The amounts, in the currency of the Detaining Power, due to the conversion of sums in other
currencies that are taken from the prisoners of war at the same time, shall also be credited to their
separate accounts.
Article 60
The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of
which shall be fixed by conversion, into the currency of the said Power, of the following amounts:
Category I:
Prisoners ranking below sergeants: eight Swiss francs.
Category II:
Sergeants and other non-commissioned officers, or prisoners of equivalent rank:
twelve Swiss francs.
Category III: Warrant officers and commissioned officers below the rank of major or prisoners
of equivalent rank: fifty Swiss francs.
Category IV:
Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss
francs.
Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify the amount
of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly high
compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously
embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power
on which the prisoners depend to vary the amounts indicated above, the Detaining Power:
(a) shall continue to credit the accounts of the prisoners with the amounts indicated in the
first paragraph above;
(b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be
inferior to the amount that the Detaining Power gives to the members of its own armed forces.
The reasons for any limitations will be given without delay to the Protecting Power.
Article 61
The Detaining Power shall accept for distribution as supplementary pay to prisoners of war
sums which the Power on which the prisoners depend may forward to them, on condition that the
sums to be paid shall be the same for each prisoner of the same category, shall be payable to all
prisoners of that category depending on that Power, and shall be placed in their separate accounts,
at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay
shall not relieve the Detaining Power of any obligation under this Convention.
Article 62
Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct.
The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one
Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the
Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily
working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration,
installation or maintenance of camps, and to the prisoners who are required to carry out spiritual
or medical duties on behalf of their comrades.
The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants,
shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be
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65
fixed by the prisoners’ representative and approved by the camp commander. If there is no such
fund, the detaining authorities shall pay these prisoners a fair working rate of pay.
Article 63
Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account as provided
for in the following Article, within the limits fixed by the Detaining Power, which shall make such
payments as are requested. Subject to financial or monetary restrictions which the Detaining Power
regards as essential, prisoners of war may also have payments made abroad. In this case payments
addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend, prisoners may
have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be
paid, expressed in the Detaining Power’s currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners’
account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the
Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention.
Article 64
The Detaining Power shall hold an account for each prisoner of war, showing at least the
following:
1) The amounts due to the prisoner or received by him as advances of pay, as working pay or
derived from any other source; the sums in the currency of the Detaining Power which were taken
from him; the sums taken from him and converted at his request into the currency of the said Power.
2) The payments made to the prisoner in cash, or in any other similar form; the payments made
on his behalf and at his request; the sums transferred under Article 63, third paragraph.
Article 65
Every item entered in the account of a prisoner of war shall be countersigned or initialled by
him, or by the prisoners’ representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining
copies of their accounts, which may likewise be inspected by the representatives of the Protecting
Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to another, their personal accounts will
follow them. In case of transfer from one Detaining Power to another, the monies which are their
property and are not in the currency of the Detaining Power will follow them. They shall be given
certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific intervals
through the Protecting Power, the amount of the accounts of the prisoners of war.
Article 66
On the termination of captivity, through the release of a prisoner of war or his repatriation, the
Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing
the credit balance then due to him. The Detaining Power shall also send through the Protecting
Power to the government upon which the prisoner of war depends, lists giving all appropriate par-
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X. Law of armed conflict
ticulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape,
death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement between any
two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling with him any
credit balance due to him from the Detaining Power on the termination of his captivity.
Article 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered
as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments
made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of
arrangements between the Powers concerned, at the close of hostilities.
Article 68
Any claim by a prisoner of war for compensation in respect of any injury or other disability
arising out of work shall be referred to the Power on which he depends, through the Protecting
Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner
of war concerned with a statement showing the nature of the injury or disability, the circumstances
in which it arose and particulars of medical or hospital treatment given for it. This statement will
be signed by a responsible officer of the Detaining Power and the medical particulars certified by a
medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects, monies or
valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal
effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense
of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a
statement, signed by a responsible officer, showing all available information regarding the reasons
why such effects, monies or valuables have not been restored to him. A copy of this statement will
be forwarded to the Power on which he depends through the Central Prisoners of War Agency
provided for in Article 123.
SECTION V. RELATIONS OF PRISONERS OF WAR with the exterior
Article 69
Immediately upon prisoners of war falling into its power, the Detaining Power shall inform
them and the Powers on which they depend, through the Protecting Power, of the measures taken to
carry out the provisions of the present Section. They shall likewise inform the parties concerned
of any subsequent modifications of such measures.
Article 70
Immediately upon capture, or not more than one week after arrival at a camp, even if it is a
transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner
of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the
model annexed to the present Convention, informing his relatives of his capture, address and state
of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any
manner.
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Article 71
Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining
Power deems it necessary to limit the number of letters and cards sent by each prisoner of war,
the said number shall not be less than two letters and four cards monthly, exclusive of the capture
cards provided for in Article 70, and conforming as closely as possible to the models annexed to the
present Convention. Further limitations may be imposed only if the Protecting Power is satisfied
that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of
translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry
out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the
request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method
at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable to receive
news from their next of kin or to give them news by the ordinary postal route, as well as those who
are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged
against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their
disposal. They shall likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to
indicate their contents, and must be addressed to offices of destination.
Article 72
Prisoners of war shall be allowed to receive by post or by any other means individual parcels
or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles
of a religious, educational or recreational character which may meet their needs, including books,
devotional articles, scientific equipment, examination papers, musical instruments, sports outfits
and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon
it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the
Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if necessary,
be the subject of special agreements between the Powers concerned, which may in no case delay
the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and
foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels.
Article 73
In the absence of special agreements between the Powers concerned on the conditions for the
receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed
to their distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the
International Committee of the Red Cross or any other organization giving assistance to prisoners
of war and responsible for the forwarding of collective shipments, to supervise their distribution
to the recipients.
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68
Article 74
All relief shipments for prisoners of war shall be exempt from import, customs and other dues.
Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information
Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article
123, shall be exempt from any postal dues, both in the countries of origin and destination, and in
intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post office by
reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining
Power in all the territories under its control. The other Powers party to the Convention shall bear
the cost of transport in their respective territories.
In the absence of special agreements between the Parties concerned, the costs connected with
transport of such shipments, other than costs covered by the above exemption, shall be charged to
the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged
for telegrams sent by prisoners of war, or addressed to them.
Article 75
Should military operations prevent the Powers concerned from fulfilling their obligation to
assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers
concerned, the International Committee of the Red Cross or any other organization duly approved
by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable
means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation,
especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
correspondence, lists and reports exchanged between the Central Information Agency
referred to in Article 123 and the National Bureaux referred to in Article 122;
(a)
(b) correspondence and reports relating to prisoners of war which the Protecting Power, the
International Committee of the Red Cross or any other body assisting the prisoners, exchange either
with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other
means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means of transport
shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby.
Article 76
The censoring of correspondence addressed to prisoners of war or despatched by them shall be
done as quickly as possible. Mail shall be censored only by the despatching State and the receiving
State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried out under
conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly
delegated by him. The delivery to prisoners of individual or collective consignments shall not be
delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for military or
political reasons, shall be only temporary and its duration shall be as short as possible.
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Article 77
The Detaining Power shall provide all facilities for the transmission, through the Protecting
Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers
or documents intended for prisoners of war or despatched by them, especially powers of attorney
and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalf of
prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures.
SECTION VI. RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
Chapter I. Complaints of Prisoners of War Respecting
the Conditions of Captivity
Article 78
Prisoners of war shall have the right to make known to the military authorities in whose power
they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting
Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order
to draw their attention to any points on which they may have complaints to make regarding their
conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are
recognized to be unfounded, they may not give rise to any punishment.
Prisoners’ representative may send periodic reports on the situation in the camps and the
needs of the prisoners of war to the representatives of the Protecting Powers.
Chapter II. Prisoner of War Representatives
Article 79
In all places where there are prisoners of war, except in those where there are officers, the
prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting
Powers, the International Committee of the Red Cross and any other organization which may assist
them. These prisoners’ representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the senior officer
among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps
for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his
assistants shall be chosen from among the prisoners of war who are not officers and shall be elected
by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners
of war, for the purpose of carrying out the camp administration duties for which the prisoners of
war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen
from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he has the right
to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected
by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners’ representative must have the same nationality, language and customs
as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections
of a camp, according to their nationality, language or customs, shall have for each section their own
prisoners’ representative, in accordance with the foregoing paragraphs.
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Article 80
Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of
prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual
assistance, this organization will be within the province of the prisoners’ representative, in addition
to the special duties entrusted to him by other provisions of the present Convention.
Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for
any offences committed by prisoners of war.
Article 81
Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.
Prisoners’ representatives may appoint from amongst the prisoners such assistants as they
may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt
of supplies, etc.).
Prisoners’ representatives shall be permitted to visit premises where prisoners of war are
detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative.
All facilities shall likewise be accorded to the prisoners’ representatives for communication by
post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies
which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall
enjoy the same facilities for communication with the prisoners’ representatives of the principal
camp. Such communications shall not be restricted, nor considered as forming a part of the quota
mentioned in Article 71.
Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint
their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the Protecting Power.
Chapter III. Penal and Disciplinary Sanctions
I. General Provisions
Article 82
A prisoner of war shall be subject to the laws, regulations and orders in force in the armed
forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter
shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.
Article 83
In deciding whether proceedings in respect of an offence alleged to have been committed by
a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather
than judicial measures.
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Article 84
A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining
Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does
not offer the essential guarantees of independence and impartiality as generally recognized, and,
in particular, the procedure of which does not afford the accused the rights and means of defence
provided for in Article 105.
Article 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior
to capture shall retain, even if convicted, the benefits of the present Convention.
Article 86
No prisoner of war may be punished more than once for the same act, or on the same charge.
Article 87
Prisoners of war may not be sentenced by the military authorities and courts of the Detaining
Power to any penalties except those provided for in respect of members of the armed forces of the
said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce
the penalty provided for the violation of which the prisoner of war is accused, and shall therefore
not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishment, imprisonment in premises
without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from
wearing his badges.
Article 88
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied
in respect of the same punishment to members of the armed forces of the Detaining Power of
equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or
treated whilst undergoing punishment more severely, than a woman member of the armed forces of
the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a punishment more
severe, or treated whilst undergoing punishment more severely, than a male member of the armed
forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.
II. Disciplinary Sanctions
Article 89
The disciplinary punishments applicable to prisoners of war are the following:
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1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the
prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period
of not more than thirty days.
2) Discontinuance of privileges granted over and above the treatment provided for by the
present Convention.
3) Fatigue duties not exceeding two hours daily.
4) Confinement.
The punishment referred to under 3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of
prisoners of war.
Article 90
The duration of any single punishment shall in no case exceed thirty days. Any period of
confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment
shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war
is answerable for several acts at the same time when he is awarded punishment, whether such acts
are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution
shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at least
three days shall elapse between the execution of any two of the punishments, if the duration of one
of these is ten days or more.
Article 91
The escape of a prisoner of war shall be deemed to have succeeded when:
1) he has joined the armed forces of the Power on which he depends, or those of an allied
Power;
2) he has left the territory under the control of the Detaining Power, or of an ally of the said
Power;
3) he has joined a ship flying the flag of the Power on which he depends, or of an allied Power,
in the territorial waters of the Detaining Power, the said ship not being under the control of the last
named Power.
Prisoners of war who have made good their escape in the sense of this Article and who are
recaptured, shall not be liable to any punishment in respect of their previous escape.
Article 92
A prisoner of war who attempts to escape and is recaptured before having made good his
escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this
act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to the competent
military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an
unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the
state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
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Article 93
Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an
offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war
with the sole intention of facilitating their escape and which do not entail any violence against
life or limb, such as offences against public property, theft without intention of self-enrichment,
the drawing up or use of false papers, the wearing of civilian clothing, shall occasion disciplinary
punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count
to disciplinary punishment only.
Article 94
If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified
thereof in the manner defined in Article 122, provided notification of his escape has been made.
Article 95
A prisoner of war accused of an offence against discipline shall not be kept in confinement
pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if
he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an offence
against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in
confinement awaiting the disposal of offences against discipline.
Article 96
Acts which constitute offences against discipline shall be investigated immediately.
Without prejudice to the competence of courts and superior military authorities, disciplinary
punishment may be ordered only by an officer having disciplinary powers in his capacity as camp
commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information
regarding the offences of which he is accused, and given an opportunity of explaining his conduct
and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse,
if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused
prisoner of war and to the prisoners’ representative.
A record of disciplinary punishments shall be maintained by the camp commander and shall
be open to inspection by representatives of the Protecting Power.
Article 97
Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons,
penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the sanitary
requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to
keep himself in a state of cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same quarters as noncommissioned officers or men.
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Women prisoners of war undergoing disciplinary punishment shall be confined in separate
quarters from male prisoners of war and shall be under the immediate supervision of women.
Article 98
A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to
enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits
of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives
attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in
the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical inspections. They
shall receive the attention which their state of health requires and, if necessary, shall be removed to
the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and
remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to the
infirmary the perishable goods contained in such parcels.
III. Judicial Proceedings
Article 99
No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the
Detaining Power or by international law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to
admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to present his defence
and the assistance of a qualified advocate or counsel.
Article 100
Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power upon which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the court
has, in accordance with Article 87, second paragraph, been particularly called to the fact that since
the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance,
and that he is in its power as the result of circumstances independent of his own will.
Article 101
If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed
before the expiration of a period of at least six months from the date when the Protecting Power
receives, at an indicated address, the detailed communication provided for in Article 107.
Article 102
A prisoner of war can be validly sentenced only if the sentence has been pronounced by the
same courts according to the same procedure as in the case of members of the armed forces of the
Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
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Article 103
Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not
be confined while awaiting trial unless a member of the armed forces of the Detaining Power would
be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of
national security. In no circumstances shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any
sentence of imprisonment passed upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in
confinement awaiting trial.
Article 104
In any case in which the Detaining Power has decided to institute judicial proceedings against
a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks
before the opening of the trial. This period of three weeks shall run as from the day on which such
notification reaches the Protecting Power at the address previously indicated by the latter to the
Detaining Power.
The said notification shall contain the following information:
1) surname and first names of the prisoner of war, his rank, his army, regimental, personal or
serial number, his date of birth, and his profession or trade, if any;
2) place of internment or confinement;
3) specification of the charge or charges on which the prisoner of war is to be arraigned, giving
the legal provisions applicable;
4) designation of the court which will try the case, likewise the date and place fixed for the
opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners’ representative.
If no evidence is submitted, at the opening of a trial, that the notification referred to above
was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative
concerned, at least three weeks before the opening of the trial, then the latter cannot take place and
must be adjourned.
Article 105
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence
by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining
Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or
counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall
deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a
choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power
shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at
his disposal a period of two weeks at least before the opening of the trial, as well as the necessary
facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and
interview him in private. He may also confer with any witnesses for the defence, including prisoners
of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well
as the documents which are generally communicated to the accused by virtue of the laws in force
in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war
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in a language which he understands, and in good time before the opening of the trial. The same
communication in the same circumstances shall be made to the advocate or counsel conducting the
defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of the case,
unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.
Article 106
Every prisoner of war shall have, in the same manner as the members of the armed forces of
the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with
a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully
informed of his right to appeal or petition and of the time limit within which he may do so.
Article 107
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported
to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial.
This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be
sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced
in his presence. The Detaining Power shall also immediately communicate to the Protecting Power
the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner
of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address
to the Protecting Power a detailed communication containing:
1) the precise wording of the finding and sentence;
2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence;
3) notification, where applicable, of the establishment where the sentence will be served.
The communications provided for in the foregoing subparagraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.
Article 108
Sentence pronounced on prisoners of war after a conviction has become duly enforceable shall
be served in the same establishments and under the same conditions as in the case of members of
the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be confined in
separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain
the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they
shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly,
to take regular exercise in the open air, to have the medical care required by their state of health,
and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in
accordance with the provisions of Article 87, third paragraph.
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PART IV. TERMINATION OF CAPTIVITY
SECTION I. DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
Article 109
Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound
to send back to their own country, regardless of number or rank, seriously wounded and seriously
sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the
first paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the
following Article. They may, in addition, conclude agreements with a view to the direct repatriation
or internment in a neutral country of able-bodied prisoners of war who have undergone a long
period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of
this Article, may be repatriated against his will during hostilities.
Article 110
The following shall be repatriated direct:
1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely
diminished.
2) Wounded and sick who, according to medical opinion, are not likely to recover within one
year, whose condition requires treatment and whose mental or physical fitness seems to have been
gravely diminished.
3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have
gravely and permanently diminished.
The following may be accommodated in a neutral country:
1) Wounded and sick whose recovery may be expected within one year of the date of the wound
or the beginning of the illness, if treatment in a neutral country might increase the prospects of a
more certain and speedy recovery.
2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously
threatened by continued captivity, but whose accommodation in a neutral country might remove
such a threat.
The conditions which prisoners of war accommodated in a neutral country must fulfil in order
to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the
Powers concerned. In general, prisoners of war who have been accommodated in a neutral country,
and who belong to the following categories, should be repatriated:
1) those whose state of health has deteriorated so as to fulfil the conditions laid down for direct
repatriation;
2) those whose mental or physical powers remain, even after treatment, considerably impaired.
If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model
Agreement concerning direct repatriation and accommodation in neutral countries of wounded
and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed
to the present Convention.
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Article 111
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power
agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities.
Article 112
Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine
sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The
appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of the Detaining
Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be
examined by a Mixed Medical Commission.
Article 113
Besides those who are designated by the medical authorities of the Detaining Power, wounded
or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
1) Wounded and sick proposed by a physician or surgeon who is of the same nationality, or
a national of a Party to the conflict allied with the Power on which the said prisoners depend, and
who exercises his functions in the camp.
2) Wounded and sick proposed by their prisoners’ representative.
3) Wounded and sick proposed by the Power on which they depend, or by an organization duly
recognized by the said Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing categories may nevertheless
present themselves for examination by Mixed Medical Commissions, but shall be examined only
after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present themselves for
examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said
prisoners, shall have permission to be present at the examination.
Article 114
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the
benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral
country.
Article 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible
for repatriation or for accommodation in a neutral country, may be kept back on the plea that he
has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or conviction and who are
designated for repatriation or accommodation in a neutral country, may benefit by such measures
before the end of the proceedings or the completion of the punishment, if the Detaining Power
consents.
Parties to the conflict shall communicate to each other the names of those who will be detained
until the end of the proceedings or the completion of the punishment.
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Article 116
The costs of repatriating prisoners of war or of transporting them to a neutral country shall be
borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.
Article 117
No repatriated person may be employed on active military service.
SECTION II. RELEASE AND REPATRIATION OF PRISONERS OF WAR
AT THE CLOSE OF HOSTILITIES
Article 118
Prisoners of war shall be released and repatriated without delay after the cessation of active
hostilities.
In the absence of stipulations to the above effect in any agreement concluded between the
Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each
of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in
conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between
the Detaining Power and the Power on which the prisoners depend. This apportionment shall be
carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall
bear the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest
to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree
between themselves as to the equitable apportionment of the remaining costs of the repatriation.
The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of
the prisoners of war.
Article 119
Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48
inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under Article 18, and
any foreign currency which has not been converted into the currency of the Detaining Power, shall
be restored to them. Articles of value and foreign currency which, for any reason whatever, are not
restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up
under Article 122.
Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the
conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall
in all cases be authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this
effect, regulating the conditions of transport and the payment of the costs involved, with the Power
on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending
may be detained until the end of such proceedings, and, if necessary, until the completion of the
punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
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Parties to the conflict shall communicate to each other the names of any prisoners of war who
are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be established for the
purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least
possible delay.
SECTION III. DEATH OF PRISONERS OF WAR
Article 120
Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required
by the legislation of their country of origin, which will take steps to inform the Detaining Power of
its requirements in this respect. At the request of the prisoner of war and, in all cases, after death,
the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to
the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists certified by a
responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The
death certificates or certified lists shall show particulars of identity as set out in the third paragraph
of Article 17, and also the date and place of death, the cause of death, the date and place of burial
and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of
the body with a view to confirming death and enabling a report to be made and, where necessary,
establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are
honourably buried, if possible according to the rites of the religion to which they belonged, and that
their graves are respected, suitably maintained and marked so as to be found at any time. Wherever
possible, deceased prisoners of war who depended on the same Power shall be interred in the same
place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of
hygiene, on account of the religion of the deceased or in accordance with his express wish to this
effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of
the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded
with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power
on which such prisoners of war depended. Responsibility for the care of these graves and for records
of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party
to the present Convention. These provisions shall also apply to the ashes, which shall be kept by
the Graves Registration Service until proper disposal thereof in accordance with the wishes of the
home country.
Article 121
Every death or serious injury of a prisoner of war caused or suspected to have been caused
by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is
unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
measures for the prosecution of the person or persons responsible.
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PART V. INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR
Article 122
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict
shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or
non-belligerent Powers who may have received within their territory persons belonging to one of
the categories referred to in Article 4, shall take the same action with respect to such persons. The
Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the
necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty
to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the
present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the
information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy
person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such
categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means to the
Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central
Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to
the provisions of Article 17, the information shall include, in so far as available to the Information
Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first
name of the father and maiden name of the mother, name and address of the person to be informed
and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned information
regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall
transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or
seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries
necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables,
including sums in currencies other than that of the Detaining Power and documents of importance
to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped
or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent
by the Bureau in sealed packets which shall be accompanied by statements giving clear and full
particulars of the identity of the person to whom the articles belonged, and by a complete list of the
contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict concerned.
Article 123
A Central Prisoners of War Information Agency shall be created in a neutral country. The
International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the
country of origin of the prisoners of war or to the Power on which they depend. It shall receive from
the Parties to the conflict all facilities for effecting such transmissions.
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The High Contracting Parties, and in particular those whose nationals benefit by the services
of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities
of the International Committee of the Red Cross, or of the relief Societies provided for in Article 125.
Article 124
The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced rates.
Article 125
Subject to the measures which the Detaining Powers may consider essential to ensure their
security or to meet any other reasonable need, the representatives of religious organizations, relief
societies, or any other organization assisting prisoners of war, shall receive from the said Powers,
for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners,
distributing relief supplies and material, from any source, intended for religious, educational or
recreative purposes, and for assisting them in organizing their leisure time within the camps. Such
societies or organizations may be constituted in the territory of the Detaining Power or in any other
country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are
allowed to carry out their activities in its territory and under its supervision, on condition, however,
that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field shall be
recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned purposes are handed
over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the
prisoners’ representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative
authorities responsible for guarding the prisoners.
PART VI. EXECUTION OF THE CONVENTION
SECTION I. GENERAL PROVISIONS
Article 126
Representatives or delegates of the Protecting Powers shall have permission to go to all places
where prisoners of war may be, particularly to places of internment, imprisonment and labour, and
shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the
places of departure, passage and arrival of prisoners who are being transferred. They shall be able
to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either
personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the
places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may
not be prohibited except for reasons of imperative military necessity, and then only as an exceptional
and temporary measure.
The Detaining Power and the Power on which the said prisoners of war depend may agree, if
necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining
the prisoners of war to be visited.
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Article 127
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the
text of the present Convention as widely as possible in their respective countries, and, in particular,
to include the study thereof in their programmes of military and, if possible, civil instruction, so
that the principles thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.
Article 128
The High Contracting Parties shall communicate to one another through the Swiss Federal
Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application
thereof.
Article 129
The High Contracting Parties undertake to enact any legislation necessary to provide effective
penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of
the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to
have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance
with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts
contrary to the provisions of the present Convention other than the grave breaches defined in the
following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and
defence, which shall not be less favourable than those provided by Article 105 and those following
of the present Convention.
Article 130
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments, wilfully causing great suffering
or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile
Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in
this Convention.
Article 131
No High Contracting Party shall be allowed to absolve itself or any other High Contracting
Party of any liability incurred by itself or by another High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be
decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties
should agree on the choice of an umpire who will decide upon the procedure to be followed.
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Once the violation has been established, the Parties to the conflict shall put an end to it and
shall repress it with the least possible delay.
SECTION II. FINAL PROVISIONS
Article 133
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made
in the Russian and Spanish languages.
Article 134
The present Convention replaces the Convention of July 27, 1929, in relations between the High
Contracting Parties.
Article 135
In the relations between the Powers which are bound by the Hague Convention respecting
the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907,
and which are parties to the present Convention, this last Convention shall be complementary to
Chapter II of the Regulations annexed to the above-mentioned Conventions of the Hague.
Article 136
The present Convention, which bears the date of this day, is open to signature until February
12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April
21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the
Convention of July 27, 1929.
Article 137
The present Convention shall be ratified as soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies
of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
Article 138
The present Convention shall come into force six months after not less than two instruments
of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
Article 139
From the date of its coming into force, it shall be open to any Power in whose name the present
Convention has not been signed, to accede to this Convention.
Article 140
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
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Article 141
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications
deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any
ratifications or accessions received from Parties to the conflict.
Article 142
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the
Swiss Federal Council. However, a denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect until peace has been concluded,
and until after operations connected with the release and repatriation of the persons protected by
the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way
impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the
principles of the law of nations, as they result from the usages established among civilized peoples,
from the laws of humanity and the dictates of the public conscience.
Article 143
The Swiss Federal Council shall register the present Convention with the Secretariat of the
United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of
all ratifications, accessions and denunciations received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their respective full powers, have signed
the present Convention.
Done at Geneva this twelfth day of August 1949, in the English and French languages. The
original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and acceding States.
ANNEX I
MODEL AGREEMENT CONCERNING DIRECT REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR
(see Article 110)
I. PRINCIPLES FOR DIRECT REPATRIATION AND
ACCOMMODATION IN NEUTRAL COUNTRIES
A. Direct Repatriation
The following shall be repatriated direct:
1) All prisoners of war suffering from the following disabilities as the result of trauma: loss of
limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or a
foot, or the equivalent of the loss of a hand or a foot.
Without prejudice to a more generous interpretation, the following shall be considered as
equivalent to the loss of a hand or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss of a
foot, or of all the toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the functioning of one
of the large articulations or of all the digital joints of one hand.
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(c)
Pseudarthrosis of the long bones.
(d) Deformities due to fracture or other injury which seriously interfere with function and
weight-bearing power.
2) All wounded prisoners of war whose condition has become chronic, to the extent that
prognosis appears to exclude recovery – in spite of treatment – within one year from the date of the
injury, as, for example, in case of:
(a) Projectile in the heart, even if the Mixed Medical Commission should fail, at the time of
their examination, to detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if the Mixed Medical Commission cannot, at the time of examination, detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot be foreseen in the course of the year following the
injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent to
the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large joints.
(e)
Injury to the skull, with loss or shifting of bony tissue.
(f ) Injury or burning of the face with loss of tissue and functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of a hand
or foot, and the cure of which requires more than a year from the date of injury, for example: injury
to the brachial or lumbosacral plexus, the median or sciatic nerves, likewise combined injury to
the radial and cubital nerves or to the lateral popliteal nerve (N. peroneus communis) and medial
popliteal nerve (N. tibialis); etc. The separate injury of the radial (musculo-spiral), cubital, lateral or
medial popliteal nerves shall not, however, warrant repatriation except in case of contractures or of
serious neurotrophic disturbance.
(i)
Injury to the urinary system, with incapacitating results.
3) All sick prisoners of war whose condition has become chronic to the extent that prognosis
seems to exclude recovery – in spite of treatment – within one year from the inception of the disease,
as, for example, in case of:
(a) Progressive tuberculosis of any organ which, according to medical prognosis, cannot be
cured, or at least considerably improved by treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of non-tubercular etiology, presumed incurable, for example: serious pulmonary emphysema, with or without bronchitis; chronic asthma;*
chronic bronchitis* lasting more than one year in captivity; bronchiectasis;* etc.
(d) Serious chronic affections of the circulatory system, for example: valvular lesions and
myocarditis,* which have shown signs of circulatory failure during captivity, even though the Mixed
Medical Commission cannot detect any such signs at the time of examination; affections of the
pericardium and the vessels (Buerger’s disease, aneurism of the large vessels); etc.
(e) Serious chronic affections of the digestive organs, for example: gastric or duodenal ulcer;
sequelae of gastric operations performed in captivity; chronic gastritis enteritis or colitis, having
lasted more than one year and seriously affecting the general condition; cirrhosis of the liver; chronic cholecystopathy;* etc.
(f) Serious chronic affections of the genito-urinary organs, for example: chronic diseases of
the kidney with consequent disorders; nephrectomy because of a tubercular kidney; chronic pyelitis
* The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by
camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical
specialists of the Detaining Power.
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or chronic cystitis; hydronephrosis or pyonephrosis; chronic grave gynaecological conditions; normal
pregnancy and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral nervous system, for example: all
obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis,
etc., duly verified by a specialist;* any epilepsy duly verified by the camp physician;* cerebral arteriosclerosis; chronic neuritis lasting more than one year; etc.
(h) Serious chronic diseases of the neuro-vegetative system, with considerable diminution of
mental or physical fitness, noticeable loss of weight and general asthenia.
(i) Blindness of both eyes, or of one eye when the vision of the other is less than 1 in spite
of the use of corrective glasses; diminution of visual acuity in cases where it is impossible to restore
it by correction to an acuity of 1/2 in at least one eye;* other grave ocular affections, for example:
glaucoma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total unilateral deafness, if the other ear does not discern the
ordinary spoken word at a distance of one metre;* etc.
(l) Serious affections of metabolism, for example: diabetes mellitus requiring insulin treatment; etc.
(m) Serious disorders of the endocrine glands, for example: thyrotoxicosis; hypothyrosis;
Addison’s disease; Simmonds’ cachexia; tetany; etc.
(n) Grave and chronic disorders of the blood-forming organs.
(o) Serious case of chronic intoxication, for example: lead poisoning, mercury poisoning,
morphinism, cocainism, alcoholism; gas or radiation poisoning; etc.
p) Chronic affections of locomotion, with obvious functional disorders, for example: arthritis deformans; primary and secondary progressive chronic polyarthritis; rheumatism with serious
clinical symptoms; etc.
(q) Serious chronic skin diseases, not amenable to treatment.
(r) Any malignant growth.
(s) Serious chronic infectious diseases, persisting for one year after their inception, for example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave disorders;
tertiary visceral syphilis resistant to treatment; leprosy; etc.
(t) Serious avitaminosis or serious inanition.
B. Accommodation in neutral countries
The following shall be eligible for accommodation in a neutral country:
1) All wounded prisoners of war who are not likely to recover in captivity, but who might be
cured or whose condition might be considerably improved by accommodation in a neutral country.
2) Prisoners of war suffering from any form of tuberculosis, of whatever organ, and whose
treatment in a neutral country would be likely to lead to recovery or at least to considerable improvement, with the exception of primary tuberculosis cured before captivity.
3) Prisoners of war suffering from affections requiring treatment of the respiratory, circulatory,
digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if such treatment
would clearly have better results in a neutral country than in captivity.
4) Prisoners of war who have undergone a nephrectomy in captivity for a non-tubercular renal
affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring
insulin treatment; etc.
* The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by
camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical
specialists of the Detaining Power.
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5) Prisoners of war suffering from war or captivity neuroses.
Cases of captivity neurosis which are not cured after three months of accommodation in a
neutral country, or which after that length of time are not clearly on the way to complete cure, shall
be repatriated.
6) All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, etc.), for
whom the prospects of cure in a neutral country are especially favourable.
7) All women prisoners of war who are pregnant or mothers with infants and small children.
The following cases shall not be eligible for accommodation in a neutral country:
1) All duly verified chronic psychoses.
2) All organic or functional nervous affections considered to be incurable.
3) All contagious diseases during the period in which they are transmissible, with the exception of tuberculosis.
II. GENERAL OBSERVATIONS
1) The conditions given shall, in a general way, be interpreted and applied in as broad a spirit
as possible.
Neuropathic and psychopathic conditions caused by war or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war who
have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be
examined in the same spirit, with due regard for the psychic traumatism due to the number of their
wounds.
2) All unquestionable cases giving the right to direct repatriation (amputation, total blindness
or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be examined and repatriated as soon as possible by the camp physicians or by military medical commissions
appointed by the Detaining Power.
3) Injuries and diseases which existed before the war and which have not become worse, as
well as war injuries which have not prevented subsequent military service, shall not entitle to direct
repatriation.
4) The provisions of this Annex shall be interpreted and applied in a similar manner in all
countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Medical
Commissions all the facilities necessary for the accomplishment of their task.
5) The examples quoted under (I) above represent only typical cases. Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of the
present Convention, and of the principles embodied in the present Agreement.
ANNEX II. REGULATIONS CONCERNING MIXED MEDICAL COMMISSIONS
(see Article 112)
Article 1
The Mixed Medical Commissions provided for in Article 112 of the Convention shall be composed of three members, two of whom shall belong to a neutral country, the third being appointed
by the Detaining Power. One of the neutral members shall take the chair.
Article 2
The two neutral members shall be appointed by the International Committee of the Red Cross,
acting in agreement with the Protecting Power, at the request of the Detaining Power. They may be
domiciled either in their country of origin, in any other neutral country, or in the territory of the
Detaining Power.
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Article 3
The neutral members shall be approved by the Parties to the conflict concerned, who shall
notify their approval to the International Committee of the Red Cross and to the Protecting Power.
Upon such notification, the neutral members shall be considered as effectively appointed.
Article 4
Deputy members shall also be appointed in sufficient number to replace the regular members
in case of need. They shall be appointed at the same time as the regular members or, at least, as soon
as possible.
Article 5
If for any reason the International Committee of the Red Cross cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the prisoners of war to be examined.
Article 6
So far as possible, one of the two neutral members shall be a surgeon and the other a physician.
Article7
The neutral members shall be entirely independent of the Parties to the conflict, which shall
grant them all facilities in the accomplishment of their duties.
Article 8
By agreement with the Detaining Power, the International Committee of the Red Cross, when
making the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle
the terms of service of the nominees.
Article 9
The Mixed Medical Commissions shall begin their work as soon as possible after the neutral
members have been approved, and in any case within a period of three months from the date of
such approval.
Article 10
The Mixed Medical Commissions shall examine all the prisoners designated in Article 113 of
the Convention. They shall propose repatriation, rejection, or reference to a later examination. Their
decisions shall be made by a majority vote.
Article 11
The decisions made by the Mixed Medical Commissions in each specific case shall be communicated, during the month following their visit, to the Detaining Power, the Protecting Power and
the International Committee of the Red Cross. The Mixed Medical Commissions shall also inform
each prisoner of war examined of the decision made, and shall issue to those whose repatriation has
been proposed, certificates similar to the model appended to the present Convention.
Article 12
The Detaining Power shall be required to carry out the decisions of the Mixed Medical Commissions within three months of the time when it receives due notification of such decisions.
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Article 13
If there is no neutral physician in a country where the services of a Mixed Medical Commission seem to be required, and if it is for any reason impossible to appoint neutral doctors who are
resident in another country, the Detaining Power, acting in agreement with the Protecting Power,
shall set up a Medical Commission which shall undertake the same duties as a Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations.
Article 14
Mixed Medical Commissions shall function permanently and shall visit each camp at intervals
of not more than six months.
ANNEX III. REGULATIONS CONCERNING COLLECTIVE RELIEF
(see Article 73)
Article 1
Prisoners’ representatives shall be allowed to distribute collective relief shipments for which
they are responsible, to all prisoners of war administered by their camp, including those who are in
hospitals, or in prisons or other penal establishments.
Article 2
The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the prisoners’ representatives. The issue of medical
stores shall, however, be made for preference in agreement with the senior medical officers, and the
latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients
so demand. Within the limits thus defined, the distribution shall always be carried out equitably.
Article 3
The said prisoners’ representatives or their assistants shall be allowed to go to the points of
arrival of relief supplies near their camps, so as to enable the prisoners’ representatives or their
assistants to verify the quality as well as the quantity of the goods received, and to make out detailed
reports thereon for the donors.
Article 4
Prisoners’ representatives shall be given the facilities necessary for verifying whether the distribution of collective relief in all sub-divisions and annexes of their camps has been carried out in
accordance with their instructions.
Article 5
Prisoners’ representatives shall be allowed to fill up, and cause to be filled up by the prisoners’
representatives of labour detachments or by the senior medical officers of infirmaries and hospitals,
forms or questionnaires intended for the donors, relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded
to the donors without delay.
Article 6
In order to secure the regular issue of collective relief to the prisoners of war in their camp,
and to meet any needs that may arise from the arrival of new contingents of prisoners, prisoners’
representatives shall be allowed to build up and maintain adequate reserve stocks of collective relief.
For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be
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provided with two locks, the prisoners’ representative holding the keys of one lock and the camp
commander the keys of the other.
Article 7
When collective consignments of clothing are available, each prisoner of war shall retain in
his possession at least one complete set of clothes. If a prisoner has more than one set of clothes, the
prisoners’ representative shall be permitted to withdraw excess clothing from those with the largest
number of sets, or particular articles in excess of one, if this is necessary in order to supply prisoners
who are less well provided. He shall not, however, withdraw second sets of underclothing, socks or
footwear, unless this is the only means of providing for prisoners of war with none.
Article 8
The High Contracting Parties, and the Detaining Powers in particular, shall authorize, as far
as possible and subject to the regulations governing the supply of the population, all purchases of
goods made in their territories for the distribution of collective relief to prisoners of war. They shall
similarly facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.
Article 9
The foregoing provisions shall not constitute an obstacle to the right of prisoners of war to
receive collective relief before their arrival in a camp or in the course of transfer, nor to the possibility of representatives of the Protecting Power, the International Committee of the Red Cross,
or any other body giving assistance to prisoners which may be responsible for the forwarding of
such supplies, ensuring the distribution thereof to the addressees by any other means that they may
deem useful.
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ANNEX V
MODEL REGULATIONS CONCERNING PAYMENTS SENT BY
PRISONERS TO THEIR OWN COUNTRY
(see Article 63)
1) The notification referred to in the third paragraph of Article 63 will show:
(a) number as specified in Article 17, rank, surname and first names of the prisoner of war
who is the payer;
(b) the name and address of the payee in the country of origin;
(c)
the amount to be so paid in the currency of the country in which he is detained.
2) The notification will be signed by the prisoner of war, or his witnessed mark made upon it
if he cannot write, and shall be countersigned by the prisoners’ representative.
3) The camp commander will add to this notification a certificate that the prisoner of war
concerned has a credit balance of not less than the amount registered as payable.
4) The notification may be made up in lists, each sheet of such lists witnessed by the prisoners’
representative and certified by the camp commander.
71. GENEVA CONVENTION RELATIVE TO THE PROTECTION OF
CIVILIAN PERSONS IN TIME OF WAR
Done at Geneva on 12 August 1949
Entry into force: 21 October 1950
United Nations, Treaty Series, vol. 75, p. 287; Reg. No. 973
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention
for the Protection of Civilian Persons in Time of War, have agreed as follows;
PART I. GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between
two or more of the High Contracting Parties, even if the state of war is not recognized by one of
them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the
Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies
the provisions thereof.
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Article 3
In the case of armed conflict not of an international character occurring in the territory of one
of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum,
the following provisions:
1) Persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse distinction founded on
race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(b) taking of hostages;
(c)
outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to
the conflict.
Article 4
Persons protected by the Convention are those who at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict
or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals
of a neutral State who find themselves in the territory of a belligerent State, and nationals of a cobelligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention
for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of
the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State,
such individual person shall not be entitled to claim such rights and privileges under the present
Convention as would, if exercised in the favour of such individual person, be prejudicial to the
security of such State.
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Where in occupied territory an individual protected person is detained as a spy or saboteur,
or as a person under definite suspicion of activity hostile to the security of the occupying Power,
such person shall, in those cases where absolute military security so requires, be regarded as having
forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and in case of trial,
shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.
They shall also be granted the full rights and privileges of a protected person under the present
Convention at the earliest date consistent with the security of the State or Occupying Power, as the
case may be.
Article 6
The present Convention shall apply from the outset of any conflict or occupation mentioned
in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease
on the general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one year
after the general close of military operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such Power exercises the functions of government in
such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29
to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establishment may take place after such
dates shall meanwhile continue to benefit by the present Convention.
Article 7
In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132,
133 and 149, the High Contracting Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate provision. No special agreement shall
adversely affect the situation of protected persons, as defined by the present Convention, nor restrict
the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable measures have been taken with
regard to them by one or other of the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce in part or in entirety the rights secured
to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 9
The present Convention shall be applied with the cooperation and under the scrutiny of the
Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this
purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates
from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall
be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their
mission under the present Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties.
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Article 10
The provisions of the present Convention constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection
of civilian persons and for their relief.
Article 11
The High Contracting Parties may at any time agree to entrust to an international organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the
first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a Protecting Power designated
by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall
accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions
performed by Protecting Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or offering itself for
these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish
sufficient assurances that it is in a position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power
or its allies by reason of military events, more particularly where the whole, or a substantial part, of
the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention
applies to substitute organizations in the sense of the present Article.
The provisions of this Article shall extend and be adapted to cases of nationals of a neutral
State who are in occupied territory or who find themselves in the territory of a belligerent State in
which the State of which they are nationals has not normal diplomatic representation.
Article 12
In cases where they deem it advisable in the interest of protected persons, particularly in cases
of disagreement between the Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall lend their good offices with a view
to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or
on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for protected persons, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for
this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the
conflict, a person belonging to a neutral Power or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.
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PART II. GENERAL PROTECTION OF POPULATIONS
AGAINST CERTAIN CONSEQUENCES OF WAR
Article 13
The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion,
and are intended to alleviate the sufferings caused by war.
Article 14
In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties
thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and
safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged
persons, children under fifteen, expectant mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude
agreements on mutual recognition of the zones and localities they have created. They may for this
purpose implement the provisions of the Draft Agreement annexed to the present Convention, with
such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend
their good offices in order to facilitate the institution and recognition of these hospital and safety
zones and localities.
Article 15
Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking
place, neutralized zones intended to shelter from the effects of war the following persons, without
distinction:
(a)
wounded and sick combatants or non-combatants;
(b) civilian persons who take no part in hostilities, and who, while they reside in the zones,
perform no work of a military character.
When the Parties concerned have agreed upon the geographical position, administration, food
supply and supervision of the proposed neutralized zone, a written agreement shall be concluded
and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning
and the duration of the neutralization of the zone.
Article 16
The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of
particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken
to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local agreements for the removal from
besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity
cases, and for the passage of ministers of all religions, medical personnel and medical equipment
on their way to such areas.
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Article 18
Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity
cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any
purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary
steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land,
air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives,
it is recommended that such hospitals be situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall not cease unless they are used to
commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however,
cease only after due warning has been given, naming, in all appropriate cases, a reasonable time
limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in these hospitals, or
the presence of small arms and ammunition taken from such combatants and not yet handed to the
proper service, shall not be considered to be acts harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for
wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder
and embossed with the stamp of the responsible authority, and also by means of a stamped, waterresistant armlet which they shall wear on the left arm while carrying out their duties. This armlet
shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of civilian hospitals
shall be entitled to respect and protection and to wear the armlet, as provided in and under the
conditions prescribed in this Article, while they are employed on such duties. The identity card shall
state the duties on which they are employed.
The management of each hospital shall at all times hold at the disposal of the competent
national or occupying authorities an up-to-date list of such personnel.
Article 21
Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying
wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the
same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of
the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
of August 12, 1949.
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Article 22
Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and
maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but
shall be respected while flying at heights, times and on routes specifically agreed upon between all
the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the
aircraft with its occupants may continue its flight after examination, if any.
Article 23
Each High Contracting Party shall allow the free passage of all consignments of medical and
hospital stores and objects necessary for religious worship intended only for civilians of another
High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage
of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen,
expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments
indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there
are no serious reasons for fearing:
(a) that the consignments may be diverted from their destination,
(b) that the control may not be effective, or
(c) that a definite advantage may accrue to the military efforts or economy of the enemy
through the substitution of the above-mentioned consignments for goods which would otherwise
be provided or produced by the enemy or through the release of such material, services or facilities
as would otherwise be required for the production of such goods.
The Power which allows the passage of the consignments indicated in the first paragraph of
this Article may make such permission conditional on the distribution to the persons benefited
thereby being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits
their free passage shall have the right to prescribe the technical arrangements under which such
passage is allowed.
Article 24
The Parties to the conflict shall take the necessary measures to ensure that children under
fifteen, who are orphaned or are separated from their families as a result of the war, are not left to
their own resources, and that their maintenance, the exercise of their religion and their education
are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons
of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a neutral country
for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified by
the wearing of identity discs, or by some other means.
Article 25
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be
enabled to give news of a strictly personal nature to members of their families, wherever they may
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be, and to receive news from them. This correspondence shall be forwarded speedily and without
undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation
with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen
words, and to the limitation of the number of these forms despatched to one each month.
Article 26
Each Party to the conflict shall facilitate enquiries made by members of families dispersed
owing to the war, with the object of renewing contact with one another and of meeting, if possible.
It shall encourage, in particular, the work of organizations engaged on this task provided they are
acceptable to it and conform to its security regulations.
PART III. STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I. PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for their persons, their honour,
their family rights, their religious convictions and practices, and their manners and customs. They
shall at all times be humanely treated, and shall be protected especially against all acts of violence
or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against
rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected
persons shall be treated with the same consideration by the Party to the conflict in whose power
they are, without any adverse distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard
to protected persons as may be necessary as a result of the war.
Article 28
The presence of a protected person may not be used to render certain points or areas immune
from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be, is responsible for the
treatment accorded to them by its agents, irrespective of any individual responsibility which may
be incurred.
Article 30
Protected persons shall have every facility for making application to the Protecting Powers,
the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and
Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities,
within the bounds set by military or security considerations.
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Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall
facilitate as much as possible visits to protected persons by the representatives of other organizations
whose object is to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular to
obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is prohibited from taking
any measure of such a character as to cause the physical suffering or extermination of protected
persons in their hands. This prohibition applies not only to murder, torture, corporal punishment,
mutilation and medical or scientific experiments not necessitated by the medical treatment of a
protected person, but also to any other measures of brutality whether applied by civilian or military
agents.
Article 33
No protected person may be punished for an offence he or she has not personally committed.
Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Article 34
The taking of hostages is prohibited.
SECTION II. ALIENS IN the TERRITORY of a party to the conflict
Article 35
All protected persons who may desire to leave the territory at the outset of, or during a conflict,
shall be entitled to do so, unless their departure is contrary to the national interests of the State.
The applications of such persons to leave shall be decided in accordance with regularly established
procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave
may provide themselves with the necessary funds for their journey and take with them a reasonable
amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have such
refusal reconsidered as soon as possible by an appropriate court or administrative board designated
by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent
it, or the persons concerned object, be furnished with the reasons for refusal of any request for
permission to leave the territory and be given, as expeditiously as possible, the names of all persons
who have been denied permission to leave.
Article 36
Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the
point of exit in the territory of the Detaining Power, shall be borne by the country of destination,
or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited.
The practical details of such movements may, if necessary, be settled by special agreements between
the Powers concerned.
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The foregoing shall not prejudice such special agreements as may be concluded between Parties
to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Article 37
Protected persons who are confined pending proceedings or serving a sentence involving loss
of liberty, shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.
Article 38
With the exception of special measures authorized by the present Convention, in particular
by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in
principle, by the provisions concerning aliens in time of peace. In any case, the following rights
shall be granted to them:
1) They shall be enabled to receive the individual or collective relief that may be sent to them.
2) They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.
3) They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith.
4) If they reside in an area particularly exposed to the dangers of war, they shall be authorized
to move from that area to the same extent as the nationals of the State concerned.
5) Children under fifteen years, pregnant women and mothers of children under seven years
shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.
Article 39
Protected persons who, as a result of the war, have lost their gainful employment, shall be
granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power
in whose territory they are.
Where a Party to the conflict applies to a protected person methods of control which result
in his being unable to support himself, and especially if such a person is prevented for reasons of
security from finding paid employment on reasonable conditions, the said Party shall ensure his
support and that of his dependents.
Protected persons may in any case receive allowances from their home country, the Protecting
Power, or the relief societies referred to in Article 30.
Article 40
Protected persons may be compelled to work only to the same extent as nationals of the Party
to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which
is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human
beings and which is not directly related to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons compelled to work
shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and
compensation for occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their right
of complaint in accordance with Article 30.
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Article 41
Should the Power in whose hands protected persons may be consider the measures of control
mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the
provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required
to leave their usual places of residence by virtue of a decision placing them in assigned residence
elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set
forth in Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be ordered only if
the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands
internment, and if his situation renders this step necessary, he shall be interned by the Power in
whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence shall be entitled
to have such action reconsidered as soon as possible by an appropriate court or administrative board
designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly,
give consideration to his or her case, with a view to the favourable amendment of the initial decision,
if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or
subjected to assigned residence, or who have been released from internment or assigned residence.
The decisions of the courts or boards mentioned in the first paragraph of the present Article shall
also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.
Article 44
In applying the measures of control mentioned in the present Convention, the Detaining
Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy
State, refugees who do not, in fact, enjoy the protection of any government.
Article 45
Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons,
or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a
party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are
transferred under such circumstances, responsibility for the application of the present Convention
rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power falls to
carry out the provisions of the present Convention in any important respect, the Power by which
the protected persons were transferred shall, upon being so notified by the Protecting Power, take
effective measures to correct the situation or shall request the return of the protected persons. Such
request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may
have reason to fear persecution for his or her political opinions or religious beliefs.
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The provisions of this Article do not constitute an obstacle to the extradition, in pursuance
of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of
offences against ordinary criminal law.
Article 46
In so far as they have not been previously withdrawn, restrictive measures taken regarding
protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of
the Detaining Power, as soon as possible after the close of hostilities.
SECTION III. OCCUPIED TERRITORIES
Article 47
Protected persons who are in occupied territory shall not be deprived, in any case or in any
manner whatsoever, of the benefits of the present Convention by any change introduced, as the
result of the occupation of a territory, into the institutions or government of the said territory, nor
by any agreement concluded between the authorities of the occupied territories and the Occupying
Power, nor by any annexation by the latter of the whole or part of the occupied territory.
Article 48
Protected persons who are not nationals of the Power whose territory is occupied, may avail
themselves of the right to leave the territory subject to the provisions of Article 35, and decisions
thereon shall be taken according to the procedure which the Occupying Power shall establish in
accordance with the said Article.
Article 49
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or
not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if
the security of the population or imperative military reasons so demand. Such evacuations may not
involve the displacement of protected persons outside the bounds of the occupied territory except
when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall
be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest
practicable extent, that proper accommodation is provided to receive the protected persons, that
the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that
members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have
taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to
the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the
territory it occupies.
Article 50
The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.
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The Occupying Power shall take all necessary steps to facilitate the identification of children
and the registration of their parentage. It may not, in any case, change their personal status, nor
enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make
arrangements for the maintenance and education, if possible by persons of their own nationality,
language and religion, of children who are orphaned or separated from their parents as a result of
the war and who cannot be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall be responsible for
taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents
or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard
to food, medical care and protection against the effects of war, which may have been adopted prior
to the occupation in favour of children under fifteen years, expectant mothers, and mothers of
children under seven years.
Article 51
The Occupying Power may not compel protected persons to serve in its armed or auxiliary
forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen
years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or
health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The
Occupying Power may not compel protected persons to employ forcible means to ensure the security
of the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services
have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of
employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical
and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment,
preliminary training and compensation for occupational accidents and diseases, shall be applicable
to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a
military or semi-military character.
Article 52
No contract, agreement or regulation shall impair the right of any worker, whether voluntary
or not and wherever he may be, to apply to the representatives of the Protecting Power in order to
request the said Power’s intervention.
All measures aiming at creating unemployment or at restricting the opportunities offered
to workers in an occupied territory, in order to induce them to work for the Occupying Power, are
prohibited.
Article 53
Any destruction by the Occupying Power of real or personal property belonging individually
or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
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Article 54
The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against
them, should they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51. It
does not affect the right of the Occupying Power to remove public officials from their posts.
Article 55
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary
foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in
the occupied territory, except for use by the occupation forces and administration personnel, and
then only if the requirements of the civilian population have been taken into account. Subject to the
provisions of other international Conventions, the Occupying Power shall make arrangements to
ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical
supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.
Article 56
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring
and maintaining, with the cooperation of national and local authorities, the medical and hospital
establishments and services, public health and hygiene in the occupied territory, with particular
reference to the adoption and application of the prophylactic and preventive measures necessary to
combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall
be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs of the occupied
State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant
recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the Occupying
Power shall take into consideration the moral and ethical susceptibilities of the population of the
occupied territory.
Article 57
The Occupying Power may requisition civilian hospitals only temporarily and only in cases
of urgent necessity for the care of military wounded and sick, and then on condition that suitable
arrangements are made in due time for the care and treatment of the patients and for the needs of
the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.
Article 58
The Occupying Power shall permit ministers of religion to give spiritual assistance to the
members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.
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Article 59
If the whole or part of the population of an occupied territory is inadequately supplied, the
Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate
them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the
provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied by an
adverse Party to the conflict shall, however, have the right to search the consignments, to regulate
their passage according to prescribed times and routes, and to be reasonably satisfied through the
Protecting Power that these consignments are to be used for the relief of the needy population and
are not to be used for the benefit of the Occupying Power.
Article 60
Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities
under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the
interests of the population of the occupied territory and with the consent of the Protecting Power.
Article 61
The distribution of the relief consignments referred to in the foregoing Articles shall be carried
out with the cooperation and under the supervision of the Protecting Power. This duty may also be
delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs
duties unless these are necessary in the interests of the economy of the territory. The Occupying
Power shall facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of
such relief consignments on their way to occupied territories.
Article 62
Subject to imperative reasons of security, protected persons in occupied territories shall be
permitted to receive the individual relief consignments sent to them.
Article 63
Subject to temporary and exceptional measures imposed for urgent reasons of security by the
Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able
to pursue their activities in accordance with Red Cross Principles, as defined by the International
Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian
activities under similar conditions;
(b) the Occupying Power may not require any changes in the personnel or structure of these
societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special organizations of a
non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility
services, by the distribution of relief and by the organization of rescues.
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Article 64
The penal laws of the occupied territory shall remain in force, with the exception that they may
be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration
and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied
territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present
Convention, to maintain the orderly government of the territory, and to ensure the security of the
Occupying Power, of the members and property of the occupying forces or administration, and
likewise of the establishments and lines of communication used by them.
Article 65
The penal provisions enacted by the Occupying Power shall not come into force before they
have been published and brought to the knowledge of the inhabitants in their own language. The
effect of these penal provisions shall not be retroactive.
Article 66
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph
of Article 64, the Occupying Power may hand over the accused to its properly constituted, nonpolitical military courts, on condition that the said courts sit in the occupied country. Courts of
appeal shall preferably sit in the occupied country.
Article 67
The courts shall apply only those provisions of law which were applicable prior to the offence,
and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused
is not a national of the Occupying Power.
Article 68
Protected persons who commit an offence which is solely intended to harm the Occupying
Power, but which does not constitute an attempt on the life or limb of members of the occupying
forces or administration, nor a grave collective danger, nor seriously damage the property of the
occupying forces or administration or the installations used by them, shall be liable to internment
or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be
the only measure adopted for depriving protected persons of liberty. The courts provided for under
Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to
one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64
and 65 may impose the death penalty on a protected person only in cases where the person is guilty
of espionage, of serious acts of sabotage against the military installations of the Occupying Power
or of intentional offences which have caused the death of one or more persons, provided that such
offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention
of the court has been particularly called to the fact that since the accused is not a national of the
Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person who was
under eighteen years of age at the time of the offence.
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Article 69
In all cases, the duration of the period during which a protected person accused of an offence
is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment
awarded.
Article 70
Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for
acts committed or for opinions expressed before the occupation, or during a temporary interruption
thereof, with the exception of breaches of the laws and customs of war.
Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge
in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from
the occupied territory, except for offences committed after the outbreak of hostilities, or for offences
under common law committed before the outbreak of hostilities which, according to the law of the
occupied State, would have justified extradition in time of peace.
Article 71
No sentence shall be pronounced by the competent courts of the Occupying Power except
after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in
writing, in a language which they understand, of the particulars of the charges preferred against
them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of
all proceedings instituted by the Occupying Power against protected persons in respect of charges
involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time,
to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power
shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph above, shall
be sent immediately, and shall in any case reach the Protecting Power three weeks before the date
of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of
this Article are fully complied with, the trial shall not proceed. The notification shall include the
following particulars:
(a)
description of the accused;
(b) place of residence or detention;
(c) specification of the charge or charges (with mention of the penal provisions under which
it is brought);
(d) designation of the court which will hear the case;
(e)
place and date of the first hearing.
Article 72
Accused persons shall have the right to present evidence necessary to their defence and may, in
particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel
of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for
preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an advocate or
counsel. When an accused person has to meet a serious charge and the Protecting Power is not
functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate
or counsel.
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Accused persons shall, unless they freely waive such assistance, be aided by an interpreter,
both during preliminary investigation and during the hearing in court. They shall have the right at
any time to object to the interpreter and to ask for his replacement.
Article 73
A convicted person shall have the right of appeal provided for by the laws applied by the court.
He shall be fully informed of his right to appeal or petition and of the time limit within which he
may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable, to
appeals. Where the laws applied by the court make no provision for appeals, the convicted person
shall have the right to petition against the finding and sentence to the competent authority of the
Occupying Power.
Article 74
Representatives of the Protecting Power shall have the right to attend the trial of any protected
person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of
the security of the Occupying Power, which shall then notify the Protecting Power. A notification
in respect of the date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or more, shall
be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The
notification shall contain a reference to the notification made under Article 71, and, in the case
of sentences of imprisonment, the name of the place where the sentence is to be served. A record
of judgments other than those referred to above shall be kept by the court and shall be open to
inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of
sentences involving the death penalty, or imprisonment of two years or more, shall not run until
notification of judgment has been received by the Protecting Power.
Article 75
In no case shall persons condemned to death be deprived of the right of petition for pardon
or reprieve.
No death sentence shall be carried out before the expiration of a period of at least six months
from the date of receipt by the Protecting Power of the notification of the final judgment confirming
such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced in
individual cases in circumstances of grave emergency involving an organized threat to the security
of the Occupying Power or its forces, provided always that the Protecting Power is notified of such
reduction and is given reasonable time and opportunity to make representations to the competent
occupying authorities in respect of such death sentences.
Article 76
Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good
health, and which will be at least equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may require.
Women shall be confined in separate quarters and shall be under the direct supervision of
women.
Proper regard shall be paid to the special treatment due to minors.
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Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.
Article 77
Protected persons who have been accused of offences or convicted by the courts in occupied
territory, shall be handed over at the close of occupation, with the relevant records, to the authorities
of the liberated territory.
Article 78
If the Occupying Power considers it necessary, for imperative reasons of security, to take safety
measures concerning protected persons, it may, at the most, subject them to assigned residence or
to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the
present Convention. This procedure shall include the right of appeal for the parties concerned.
Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it
shall be subject to periodical review, if possible every six months, by a competent body set up by
the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes
shall enjoy the full benefit of Article 39 of the present Convention.
SECTION IV. REGULATIONS FOR THE TREATMENT OF INTERNEES
CHAPTER I. General Provisions
Article 79
The Parties to the conflict shall not intern protected persons, except in accordance with the
provisions of Articles 41, 42, 43, 68 and 78.
Article 80
Internees shall retain their full civil capacity and shall exercise such attendant rights as may
be compatible with their status.
Article 81
Parties to the conflict who intern protected persons shall be bound to provide free of charge
for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for
the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such
dependents are without adequate means of support or are unable to earn a living.
Article 82
The Detaining Power shall, as far as possible, accommodate the internees according to their
nationality, language and customs. Internees who are nationals of the same country shall not be
separated merely because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular
parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of
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enforcement of the provisions of Chapter IX of the present Section. Internees may request that their
children who are left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a
proper family life.
chapter II. Places of Internment
Article 83
The Detaining Power shall not set up places of internment in areas particularly exposed to the
dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting
Powers, all useful information regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may,
however, agree upon any other system of marking. No place other than an internment camp shall
be marked as such.
Article 84
Internees shall be accommodated and administered separately from prisoners of war and from
persons deprived of liberty for any other reason.
Article 85
The Detaining Power is bound to take all necessary and possible measures to ensure that
protected persons shall, from the outset of their internment, be accommodated in buildings or
quarters which afford every possible safeguard as regards hygiene and health, and provide efficient
protection against the rigours of the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas or in districts the climate of which is injurious to
the internees. In all cases where the district, in which a protected person is temporarily interned, is
in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more
suitable place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well
ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken
of the climate, and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences which conform to
the rules of hygiene and are constantly maintained in a state of cleanliness. They shall be provided
with sufficient water and soap for their daily personal toilet and for washing their personal laundry;
installations and facilities necessary for this purpose shall be granted to them. Showers or baths
shall also be available. The necessary time shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate women
internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees
shall be obligatory.
Article 86
The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.
Article 87
Canteens shall be installed in every place of internment, except where other suitable facilities
are available. Their purpose shall be to enable internees to make purchases, at prices not higher than
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local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as
would increase their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for each place of
internment, and administered for the benefit of the internees attached to such place of internment.
The Internee Committee provided for in Article 102 shall have the right to check the management
of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if
such a place does not exist, to a central welfare fund which shall be administered for the benefit
of all internees remaining in the custody of the Detaining Power. In case of a general release,
the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary
between the Powers concerned.
Article 88
In all places of internment exposed to air raids and other hazards of war, shelters adequate in
number and structure to ensure the necessary protection shall be installed. In case of alarms, the
internees shall be free to enter such shelters as quickly as possible, excepting those who remain for
the protection of their quarters against the aforesaid hazards. Any protective measures taken in
favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire.
CHAPTER III. Food and Clothing
Article 89
Daily food rations for internees shall be sufficient in quantity, quality and variety to keep
internees in a good state of health and prevent the development of nutritional deficiencies. Account
shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to the kind of labour which
they perform.
Expectant and nursing mothers and children under fifteen years of age shall be given additional food, in proportion to their physiological needs.
Article 90
When taken into custody, internees shall be given all facilities to provide themselves with the
necessary clothing, footwear and change of underwear, and later on, to procure further supplies if
required. Should any internees not have sufficient clothing, account being taken of the climate, and
be unable to procure any, it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed
on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing, whenever the
nature of their work so requires.
chapter IV. Hygiene and Medical Attention
Article 91
Every place of internment shall have an adequate infirmary, under the direction of a qualified
doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation
wards shall be set aside for cases of contagious or mental diseases.
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Maternity cases and internees suffering from serious diseases, or whose condition requires
special treatment, a surgical operation or hospital care, must be admitted to any institution where
adequate treatment can be given and shall receive care not inferior to that provided for the general
population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for
examination. The medical authorities of the Detaining Power shall, upon request, issue to every
internee who has undergone treatment an official certificate showing the nature of his illness or
injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be
forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free
of charge to the internee.
Article 92
Medical inspections of internees shall be made at least once a month. Their purpose shall be,
in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to
detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year,
radioscopic examination.
CHAPTER V. Religious, Intellectual and Physical Activities
Article 93
Internees shall enjoy complete latitude in the exercise of their religious duties, including
attendance at the services of their faith, on condition that they comply with the disciplinary routine
prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of
their community. For this purpose, the Detaining Power shall ensure their equitable allocation
amongst the various places of internment in which there are internees speaking the same language
and belonging to the same religion. Should such ministers be too few in number, the Detaining
Power shall provide them with the necessary facilities, including means of transport, for moving
from one place to another, and they shall be authorized to visit any internees who are in hospital.
Ministers of religion shall be at liberty to correspond on matters concerning their ministry with
the religious authorities in the country of detention and, as far as possible, with the international
religious organizations of their faith. Such correspondence shall not be considered as forming a part
of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or should
these latter be too few in number, the local religious authorities of the same faith may appoint, in
agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible
from a denominational point of view, a minister of similar religion or a qualified layman. The latter
shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply
with all regulations laid down by the Detaining Power in the interests of discipline and security.
Article 94
The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports
and games amongst internees, whilst leaving them free to take part in them or not. It shall take all
practicable measures to ensure the exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take up new
subjects. The education of children and young people shall be ensured; they shall be allowed to
attend schools either within the place of internment or outside.
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Internees shall be given opportunities for physical exercise, sports and outdoor games. For this
purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds
shall be reserved for children and young people.
Article 95
The Detaining Power shall not employ internees as workers, unless they so desire. Employment
which, if undertaken under compulsion by a protected person not in internment, would involve a
breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work at any moment,
subject to eight days’ notice.
These provisions constitute no obstacle to the right of the Detaining Power to employ interned
doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow
internees, or to employ internees for administrative and maintenance work in places of internment
and to detail such persons for work in the kitchens or for other domestic tasks, or to require such
persons to undertake duties connected with the protection of internees against aerial bombardment
or other war risks. No internee may, however, be required to perform tasks for which he is, in the
opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions, for medical
attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working
conditions and for compensation shall be in accordance with the national laws and regulations,
and with the existing practice; they shall in no case be inferior to those obtaining for work of the
same nature in the same district. Wages for work done shall be determined on an equitable basis by
special agreements between the internees, the Detaining Power, and, if the case arises, employers
other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to
provide for free maintenance of internees and for the medical attention which their state of health
may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article shall be paid fair wages by the Detaining Power. The working conditions and
the scale of compensation for occupational accidents and diseases to internees, thus detailed, shall
not be inferior to those applicable to work of the same nature in the same district.
Article 96
All labour detachments shall remain part of and dependent upon a place of internment. The
competent authorities of the Detaining Power and the commandant of a place of internment shall
be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him
and shall communicate it to the delegates of the Protecting Power, of the International Committee
of the Red Cross and of other humanitarian organizations who may visit the places of internment.
chapter VI. Personal Property and Financial Resources
Article 97
Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc.,
and valuables in their possession may not be taken from them except in accordance with established
procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in Article 98. Such
amounts may not be converted into any other currency unless legislation in force in the territory in
which the owner is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
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On release or repatriation, internees shall be given all articles, monies or other valuables
taken from them during internment and shall receive in currency the balance of any credit to
their accounts kept in accordance with Article 98, with the exception of any articles or amounts
withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee
is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a
receipt being given. At no time shall internees be left without identity documents. If they have none,
they shall be issued with special documents drawn up by the detaining authorities, which will serve
as their identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of
purchase coupons, to enable them to make purchases.
Article 98
All internees shall receive regular allowances, sufficient to enable them to purchase goods
and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or
purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance,
the Protecting Powers, the organizations which may assist them, or their families, as well as the
income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of
internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed
by the Detaining Power on the basis of discriminations between internees which are prohibited by
Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received,
together with such sums taken from him as may be available under the legislation in force in the
territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They
may draw from their accounts the amounts necessary for their personal expenses, within the limits
fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting
and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting
Power on request, and shall accompany the internee in case of transfer.
CHAPTER VII. Administration and Discipline
Article 99
Every place of internment shall be put under the authority of a responsible officer, chosen from
the regular military forces or the regular civil administration of the Detaining Power. The officer
in charge of the place of internment must have in his possession a copy of the present Convention
in the official language, or one of the official languages, of his country and shall be responsible for
its application. The staff in control of internees shall be instructed in the provisions of the present
Convention and of the administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded under the
said Convention shall be posted inside the place of internment, in a language which the internees
understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the
internees and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually must likewise be given in a
language which they understand.
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Article 100
The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion
dangerous to their health or involving physical or moral victimization. Identification by tattooing
or imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvers, or the reduction of food rations, are prohibited.
Article 101
Internees shall have the right to present to the authorities in whose power they are, any petition
with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee Committee
or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to
indicate to them any points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even
if the latter are recognized to be unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs of the internees
may be sent by the Internee Committees to the representatives of the Protecting Powers.
Article 102
In every place of internment, the internees shall freely elect by secret ballot every six months,
the members of a Committee empowered to represent them before the Detaining and the Protecting
Powers, the International Committee of the Red Cross and any other organization which may assist
them. The members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has been approved by
the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the
Protecting Powers concerned.
Article 103
The Internee Committees shall further the physical, spiritual and intellectual well-being of
the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst
themselves, this organization would be within the competence of the Committees in addition to the
special duties entrusted to them under other provisions of the present Convention.
Article 104
Members of Internee Committees shall not be required to perform any other work, if the
accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as
they may require. All material facilities shall be granted to them, particularly a certain freedom of
movement necessary for the accomplishment of their duties (visits to labour detachments, receipt
of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, and with the organizations which give assistance to
internees, Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall
not be limited, nor considered as forming a part of the quota mentioned in Article 107.
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Members of Internee Committees who are transferred shall be allowed a reasonable time to
acquaint their successors with current affairs.
chapter VIII. Relations with the Exterior
Article 105
Immediately upon interning protected persons, the Detaining Powers shall inform them, the
Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties
concerned of any subsequent modifications of such measures.
Article 106
As soon as he is interned, or at the latest not more than one week after his arrival in a place
of internment, and likewise in cases of sickness or transfer to another place of internment or to a
hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the
Central Agency provided for by Article 140, on the other, an internment card similar, if possible,
to the model annexed to the present Convention, informing his relatives of his detention, address
and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed
in any way.
Article 107
Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems
it necessary to limit the number of letters and cards sent by each internee, the said number shall
not be less than two letters and four cards monthly; these shall be drawn up so as to conform as
closely as possible to the models annexed to the present Convention. If limitations must be placed
on the correspondence addressed to internees, they may be ordered only by the Power to which such
internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must
be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news
from their relatives, or to give them news by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send telegrams, the charges being paid
by them in the currency at their disposal. They shall likewise benefit by this provision in cases which
are recognized to be urgent.
As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may
authorize correspondence in other languages.
Article 108
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books
and objects of a devotional, educational or recreational character which may meet their needs. Such
shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue
of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due notice
thereof shall be given to the Protecting Power and to the International Committee of the Red Cross,
or to any other organization giving assistance to the internees and responsible for the forwarding
of such shipments.
The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay
the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include
books. Medical relief supplies shall, as a rule, be sent in collective parcels.
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Article 109
In the absence of special agreements between Parties to the conflict regarding the conditions
for the receipt and distribution of collective relief shipments, the regulations concerning collective
relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their
distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the Protecting Powers, the
International Committee of the Red Cross, or any other organization giving assistance to internees
and responsible for the forwarding of collective shipments, to supervise their distribution to the
recipients.
Article 110
All relief shipments for internees shall be exempt from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money,
addressed from other countries to internees or despatched by them through the post office, either
direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries
of origin and destination and in intermediate countries. To this end, in particular, the exemption
provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal
Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be
extended to the other interned persons protected by the present Convention. The countries not
signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the
same circumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by
the Detaining Power in all the territories under its control. Other Powers which are Parties to the
present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above
paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for
telegrams sent by internees, or addressed to them.
Article 111
Should military operations prevent the Powers concerned from fulfilling their obligation to
ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and
113, the Protecting Powers concerned, the International Committee of the Red Cross or any other
organization duly approved by the Parties to the conflict may undertake the conveyance of such
shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High
Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation,
especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central Information Agency
referred to in Article 140 and the National Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange
either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other
means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
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The costs occasioned by the use of such means of transport shall be borne, in proportion to the
importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.
Article 112
The censoring of correspondence addressed to internees or despatched by them shall be done
as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence
of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either for military or
political reasons, shall be only temporary and its duration shall be as short as possible.
Article 113
The Detaining Powers shall provide all reasonable facilities for the transmission, through the
Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of
wills, powers of attorney, letters of authority, or any other documents intended for internees or
despatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due legal
form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.
Article 114
The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment
in urgent cases and if circumstances allow.
Article 115
In all cases where an internee is a party to proceedings in any court, the Detaining Power shall,
if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure
that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his
internment, as regards the preparation and conduct of his case or as regards the execution of any
judgment of the court.
Article 116
Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals
and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives.
CHAPTER IX. Penal and Disciplinary Sanctions
Article 117
Subject to the provisions of the present Chapter, the laws in force in the territory in which they
are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable,
whereas the same acts are not punishable when committed by persons who are not internees, such
acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same count.
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Article 118
The courts or authorities shall in passing sentence take as far as possible into account the fact
that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty
prescribed for the offence with which the internee is charged and shall not be obliged, to this end,
to apply the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in general, all forms of cruelty without
exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated differently
from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any
disciplinary or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees
whom they represent, and of their result.
Article 119
The disciplinary punishments applicable to internees shall be the following:
1) A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.
2) Discontinuance of privileges granted over and above the treatment provided for by the
present Convention.
3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of
the place of internment.
4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of
internees. Account shall be taken of the internee’s age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt
with, whether such breaches are connected or not.
Article 120
Internees who are recaptured after having escaped or when attempting to escape, shall be liable
only to disciplinary punishment in respect of this act, even if it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt
to escape, may be subjected to special surveillance, on condition that such surveillance does not
affect the state of their health, that it is exercised in a place of internment and that it does not entail
the abolition of any of the safeguards granted by the present Convention.
Internees who aid and abet an escape, or attempt to escape, shall be liable on this count to
disciplinary punishment only.
Article 121
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating
circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities exercise leniency in
deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an escape, whether successful or not.
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Article 122
Acts which constitute offences against discipline shall be investigated immediately. This rule
shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be
handed over to the competent authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be
deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline.
Article 123
Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer
or official who replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise
information regarding the offences of which he is accused, and given an opportunity of explaining
his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to
have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced
in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution
shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at least three days
shall elapse between the execution of any two of the punishments, if the duration of one of these is
ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of
internment and shall be open to inspection by representatives of the Protecting Power.
Article 124
Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone shall conform to sanitary
requirements; they shall in particular be provided with adequate bedding. Internees undergoing
punishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters
from male internees and shall be under the immediate supervision of women.
Article 125
Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open
air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections. They
shall receive the attention which their state of health requires and, if necessary, shall be removed to
the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and
remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand
over to the infirmary the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of the provisions
of Articles 107 and 143 of the present Convention.
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Article 126
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against
internees who are in the national territory of the Detaining Power.
CHAPTER X. Transfers of Internees
Article 127
The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining
for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such
removals have to be effected on foot, they may not take place unless the internees are in a fit state of
health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary
clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all
suitable precautions to ensure their safety during transfer, and shall establish before their departure
a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey
would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall
not be transferred unless their removal can be carried out in adequate conditions of safety, or unless
they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take
their interests into account and, in particular, shall not do anything to increase the difficulties of
repatriating them or returning them to their own homes.
Article 128
In the event of transfer, internees shall be officially advised of their departure and of their new
postal address. Such notification shall be given in time for them to pack their luggage and inform
their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and
parcels which have arrived for them. The weight of such baggage may be limited if the conditions of
transfer so require, but in no case to less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be forwarded to them
without delay.
The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of
the luggage the internees are unable to take with them in consequence of restrictions imposed by
virtue of the second paragraph.
chapter XI. Deaths
Article 129
The wills of internees shall be received for safekeeping by the responsible authorities; and in
the event of the death of an internee his will shall be transmitted without delay to a person whom
he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be
made out, showing the causes of death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly
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certified copy of such record shall be transmitted without delay to the Protecting Power as well as
to the Central Agency referred to in Article 140.
Article 130
The detaining authorities shall ensure that internees who die while interned are honourably
buried, if possible according to the rites of the religion to which they belonged and that their graves
are respected, properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumstances
require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene,
on account of the religion of the deceased or in accordance with his expressed wish to this effect.
In case of cremation, the fact shall be stated and the reasons given in the death certificate of the
deceased. The ashes shall be retained for safekeeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining
Power shall forward lists of graves of deceased internees to the Powers on whom the deceased
internees depended, through the Information Bureaux provided for in Article 136. Such lists
shall include all particulars necessary for the identification of the deceased internees, as well
as the exact location of their graves.
Article 131
Every death or serious injury of an internee, caused or suspected to have been caused by a
sentry, another internee or any other person, as well as any death the cause of which is unknown,
shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and
forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
necessary steps to ensure the prosecution of the person or persons responsible.
CHAPTER XII. Release, Repatriation and Accommodation in Neutral Countries
Article 132
Each interned person shall be released by the Detaining Power as soon as the reasons which
necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women
and mothers with infants and young children, wounded and sick, and internees who have been
detained for a long time.
Article 133
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict, against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of
such proceedings and, if circumstances require, until the completion of the penalty. The same shall
apply to internees who have been previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set
up after the close of hostilities, or of the occupation of territories, to search for dispersed internees.
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Article 134
The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to
ensure the return of all internees to their last place of residence, or to facilitate their repatriation.
Article 135
The Detaining Power shall bear the expense of returning released internees to the places where
they were residing when interned, or, if it took them into custody while they were in transit or on
the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee
who previously had his permanent domicile therein, such Detaining Power shall pay the cost of
the said internee’s repatriation. If, however, the internee elects to return to his country on his own
responsibility or in obedience to the Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey beyond the point of his departure from
its territory. The Detaining Power need not pay the costs of repatriation of an internee who was
interned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties
to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
SECTION V. INFORMATION BUREAUX AND CENTRAL AGENCY
Article 136
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict
shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau
information of any measure taken by it concerning any protected persons who are kept in custody
for more than two weeks, who are subjected to assigned residence or who are interned. It shall,
furthermore, require its various departments concerned with such matters to provide the aforesaid
Bureau promptly with information concerning all changes pertaining to these protected persons, as,
for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.
Article 137
Each national Bureau shall immediately forward information concerning protected persons
by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers
in whose territory they resided, through the intermediary of the Protecting Powers and likewise
through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries
which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its
transmission might be detrimental to the person concerned or to his or her relatives. Even in such a
case, the information may not be withheld from the Central Agency which, upon being notified of
the circumstances, will take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a signature or
a seal.
Article 138
The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin
quickly. The information in respect of each person shall include at least his surname, first names,
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place and date of birth, nationality, last residence and distinguishing characteristics, the first name
of the father and the maiden name of the mother, the date, place and nature of the action taken with
regard to the individual, the address at which correspondence may be sent to him and the name and
address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.
Article 139
Each national Information Bureau shall, furthermore, be responsible for collecting all personal
valuables left by protected persons mentioned in Article 136, in particular those who have been
repatriated or released, or who have escaped or died; it shall forward the said valuables to those
concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by
the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity
particulars of the person to whom the articles belonged, and by a complete list of the contents of
the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.
Article 140
A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary,
propose to the Powers concerned the organization of such an Agency, which may be the same as
that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
The function of the Agency shall be to collect all information of the type set forth in Article
136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such
transmissions might be detrimental to the persons whom the said information concerns, or to their
relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such
transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services
of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities
of the International Committee of the Red Cross and of the relief Societies described in Article 142.
Article 141
The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced rates.
PART IV. EXECUTION OF THE CONVENTION
SECTION I. GENERAL PROVISIONS
Article 142
Subject to the measures which the Detaining Powers may consider essential to ensure their
security or to meet any other reasonable need, the representatives of religious organizations, relief
societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for
distributing relief supplies and material from any source, intended for educational, recreational or
religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or
in any other country, or they may have an international character.
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The Detaining Power may limit the number of societies and organizations whose delegates are
allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected
persons.
The special position of the International Committee of the Red Cross in this field shall be
recognized and respected at all times.
Article 143
Representatives or delegates of the Protecting Powers shall have permission to go to all places
where protected persons are, particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of imperative military necessity, and then
only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places they wish to visit.
The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of
origin of the persons to be visited, may agree that compatriots of the internees shall be permitted
to participate in the visits.
The delegates of the International Committee of the Red Cross shall also enjoy the above
prerogatives. The appointment of such delegates shall be submitted to the approval of the Power
governing the territories where they will carry out their duties.
Article 144
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the
text of the present Convention as widely as possible in their respective countries, and, in particular,
to include the study thereof in their programmes of military and, if possible, civil instruction, so
that the principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war assume responsibilities
in respect of protected persons, must possess the text of the Convention and be specially instructed
as to its provisions.
Article 145
The High Contracting Parties shall communicate to one another through the Swiss Federal
Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application
thereof.
Article 146
The High Contracting Parties undertake to enact any legislation necessary to provide effective
penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of
the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to
have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance
with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts
contrary to the provisions of the present Convention other than the grave breaches defined in the
following Article.
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In all circumstances, the accused persons shall benefit by safeguards of proper trial and
defence, which shall not be less favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Article 147
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful
killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement
of a protected person, compelling a protected person to serve in the forces of a hostile Power, or
wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present
Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Article 148
No High Contracting Party shall be allowed to absolve itself or any other High Contracting
Party of any liability incurred by itself or by another High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 149
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be
decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties
should agree on the choice of an umpire who will decide upon the procedure to be followed. Once
the violation has been established, the Parties to the conflict shall put an end to it and shall repress
it with the least possible delay.
SECTION II. FINAL PROVISIONS
Article 150
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made
in the Russian and Spanish languages.
Article 151
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on
April 21, 1949.
Article 152
The present Convention shall be ratified as soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies
of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
Article 153
The present Convention shall come into force six months after not less than two instruments
of ratification have been deposited.
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Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
Article 154
In the relations between the Powers who are bound by the Hague Conventions respecting the
Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and
who are parties to the present Convention, this last Convention shall be supplementary to Sections
II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.
Article 155
From the date of its coming into force, it shall be open to any Power in whose name the present
Convention has not been signed, to accede to this Convention.
Article 156
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
Article 157
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications
deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any
ratifications or accessions received from Parties to the conflict.
Article 158
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the
Swiss Federal Council. However, a denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect until peace has been concluded,
and until after operations connected with the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way
impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the
principles of the law of nations, as they result from the usages established among civilized peoples,
from the laws of humanity and the dictates of the public conscience.
Article 159
The Swiss Federal Council shall register the present Convention with the Secretariat of the
United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of
all ratifications, accessions and denunciations received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their respective full powers, have signed
the present Convention.
Done at Geneva this twelfth day of August 1949, in the English and French languages. The
original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and acceding States.
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ANNEX I. DRAFT AGREEMENT RELATING TO HOSPITAL AND
SAFETY ZONES AND LOCALITIES
Article 1
Hospital and safety zones shall be strictly reserved for the persons mentioned in Article 23 of
the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, and in Article 14 of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War of August 12, 1949, and for the personnel entrusted
with the organization and administration of these zones and localities and with the care of the
persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall have the right to
stay there.
Article 2
No persons residing, in whatever capacity, in a hospital and safety zone shall perform any
work, either within or without the zone, directly connected with military operations or the production of war material.
Article 3
The Power establishing a hospital and safety zone shall take all necessary measures to prohibit
access to all persons who have no right of residence or entry therein.
Article 4
Hospital and safety zones shall fulfil the following conditions:
(a) They shall comprise only a small part of the territory governed by the Power which has
established them.
(b) They shall be thinly populated in relation to the possibilities of accommodation.
(c) They shall be far removed and free from all military objectives, or large industrial or
administrative establishments.
(d) They shall not be situated in areas which, according to every probability, may become
important for the conduct of the war.
Article 5
Hospital and safety zones shall be subject to the following obligations:
(a) The lines of communication and means of transport which they possess shall not be used
for the transport of military personnel or material, even in transit.
(b) They shall in no case be defended by military means.
Article 6
Hospital and safety zones shall be marked by means of oblique red bands on a white ground,
placed on the buildings and outer precincts.
Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross
(Red Crescent, Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of appropriate illumination.
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Article 7
The Powers shall communicate to all the High Contracting Parties in peacetime or on the
outbreak of hostilities, a list of the hospital and safety zones in the territories governed by them.
They shall also give notice of any new zones set up during hostilities.
As soon as the adverse Party has received the above-mentioned notification, the zone shall be
regularly established.
If, however, the adverse Party considers that the conditions of the present agreement have not
been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party
responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8.
Article 8
Any Power having recognized one or several hospital and safety zones instituted by the adverse
Party shall be entitled to demand control by one or more Special Commissions, for the purpose of
ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at all times have free access to
the various zones and may even reside there permanently. They shall be given all facilities for their
duties of inspection.
Article 9
Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said
zone to these facts, and shall fix a time limit of five days within which the matter should be rectified.
They shall duly notify the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not complied with
the warning, the adverse Party may declare that it is no longer bound by the present agreement in
respect of the said zone.
Article 10
Any Power setting up one or more hospital and safety zones, and the adverse Parties to whom
their existence has been notified, shall nominate or have nominated by the Protecting Powers or
by other neutral Powers, persons eligible to be members of the Special Commissions mentioned in
Articles 8 and 9.
Article 11
In no circumstances may hospital and safety zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict.
Article 12
In the case of occupation of a territory, the hospital and safety zones therein shall continue
to be respected and utilized as such. Their purpose may, however, be modified by the Occupying
Power, on condition that all measures are taken to ensure the safety of the persons accommodated.
Article 13
The present agreement shall also apply to localities which the Powers may utilize for the same
purposes as hospital and safety zones.
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ANNEX II. DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF
Article 1
The Internee Committees shall be allowed to distribute collective relief shipments for which
they are responsible, to all internees who are dependent for administration on the said Committee’s
place of internment, including those internees who are in hospitals, or in prisons or other penitentiary establishments.
Article 2
The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees. The issue of medical
stores shall, however, be made for preference in agreement with the senior medical officers, and the
latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients
so demand. Within the limits thus defined, the distribution shall always be carried out equitably.
Article 3
Members of Internee Committees shall be allowed to go to the railway stations or other points
of arrival of relief supplies near their places of internment so as to enable them to verify the quantity
as well as the quality of the goods received and to make out detailed reports thereon for the donors.
Article 4
Internee Committees shall be given the facilities necessary for verifying whether the distribution of collective relief in all sub-divisions and annexes of their places of internment has been
carried out in accordance with their instructions.
Article 5
Internee Committees shall be allowed to complete, and to cause to be completed by members
of the Internee Committees in labour detachments or by the senior medical officers of infirmaries
and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies
(distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall
be forwarded to the donors without delay.
Article 6
In order to secure the regular distribution of collective relief supplies to the internees in their
place of internment, and to meet any needs that may arise through the arrival of fresh parties of
internees, the Internee Committees shall be allowed to create and maintain sufficient reserve stocks
of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each
warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock,
and the commandant of the place of internment the keys of the other.
Article 7
The High Contracting Parties, and the Detaining Powers in particular, shall, so far as is in any
way possible and subject to the regulations governing the food supply of the population, authorize purchases of goods to be made in their territories for the distribution of collective relief to the
internees. They shall likewise facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.
Article 8
The foregoing provisions shall not constitute an obstacle to the right of internees to receive
collective relief before their arrival in a place of internment or in the course of their transfer, nor to
the possibility of representatives of the Protecting Power, or of the International Committee of the
Red Cross or any other humanitarian organization giving assistance to internees and responsible
for forwarding such supplies, ensuring the distribution thereof to the recipients by any other means
they may deem suitable.
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Geneva Conventions: Additional Protocol I
141
72. protocol additional TO THE GENEVA CONVENTIONS OF
12 AUGUST 1949, AND relating TO THE PROTECTION OF
VICTIMS OF international ARMED CONFLICTS (protocol I)
Done at Geneva on 8 June 1977
Entry into force: 7 December 1978
United Nations, Treaty Series, vol. 1125, p. 3; Reg. No. 17512
Preamble
The High Contracting Parties,
Proclaiming their earnest wish to see peace prevail among peoples,
Recalling that every State has the duty, in conformity with the Charter of the United Nations,
to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with
the purposes of the United Nations,
Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,
Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of
12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other
use of force inconsistent with the Charter of the United Nations,
Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of
this Protocol must be fully applied in all circumstances to all persons who are protected by those
instruments, without any adverse distinction based on the nature or origin of the armed conflict or
on the causes espoused by or attributed to the Parties to the conflict,
Have agreed on the following:
PART I. GENERAL PROVISIONS
Article 1. General principles and scope of application
1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol
in all circumstances.
2. In cases not covered by this Protocol or by other international agreements, civilians and
combatants remain under the protection and authority of the principles of international law derived
from established custom, from the principles of humanity and from the dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.
4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the
exercise of their right of self-determination, as enshrined in the Charter of the United Nations and
the Declaration on Principles of International Law concerning Friendly Relations and Co-operation
among States in accordance with the Charter of the United Nations.
Article 2. Definitions
For the purposes of this Protocol:
(a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for
the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces
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at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of
12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of
War of 12 August 1949; “the Conventions” means the four Geneva Conventions of 12 August 1949
for the protection of war victims;
(b) “rules of international law applicable in armed conflict” means the rules applicable in
armed conflict set forth in international agreements to which the Parties to the conflict are Parties
and the generally recognized principles and rules of international law which are applicable to armed
conflict;
(c) “Protecting Power” means a neutral or other State not a Party to the conflict which has
been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry
out the functions assigned to a Protecting Power under the Conventions and this Protocol;
(d) “substitute” means an organization acting in place of a Protecting Power in accordance
with Article 5.
Article 3. Beginning and end of application
Without prejudice to the provisions which are applicable at all times:
(a) the Conventions and this Protocol shall apply from the beginning of any situation
referred to in Article 1 of this Protocol;
(b) the application of the Conventions and of this Protocol shall cease, in the territory of
Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose
final release, repatriation or re-establishment takes place thereafter. These persons shall continue to
benefit from the relevant provisions of the Conventions and of this Protocol until their final release,
repatriation or re-establishment.
Article 4. Legal status of the Parties to the conflict
The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the
occupation of a territory nor the application of the Conventions and this Protocol shall affect the
legal status of the territory in question.
Article 5. Appointment of Protecting Powers and of their substitute
1. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the
supervision and implementation of the Conventions and of this Protocol by the application of the
system of Protecting Powers, including inter alia the designation and acceptance of those Powers,
in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding
the interests of the Parties to the conflict.
2. From the beginning of a situation referred to in Article 1, each Party to the conflict shall
without delay designate a Protecting Power for the purpose of applying the Conventions and this
Protocol and shall, likewise without delay and for the same purpose, permit the activities of a Protecting Power which has been accepted by it as such after designation by the adverse Party.
3. If a Protecting Power has not been designated or accepted from the beginning of a situation
referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right
of any other impartial humanitarian organization to do likewise, shall offer its good offices to the
Parties to the conflict with a view to the designation without delay of a Protecting Power to which
the Parties to the conflict consent. For that purpose it may, inter alia, ask each Party to provide it
with a list of at least five States which that Party considers acceptable to act as Protecting Power on its
behalf in relation to an adverse Party, and ask each adverse Party to provide a list of at least five States
which it would accept as the Protecting Power of the first Party; these lists shall be communicated
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to the Committee within two weeks after the receipt of the request; it shall compare them and seek
the agreement of any proposed State named on both lists.
4. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept
without delay an offer which may be made by the International Committee of the Red Cross or by
any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent of the Parties to the conflict;
every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute
in the performance of its tasks under the Conventions and this Protocol.
5. In accordance with Article 4, the designation and acceptance of Protecting Powers for the
purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties
to the conflict or of any territory, including occupied territory.
6. The maintenance of diplomatic relations between Parties to the conflict or the entrusting
of the protection of a Party’s interests and those of its nationals to a third State in accordance with
the rules of international law relating to diplomatic relations is no obstacle to the designation of
Protecting Powers for the purpose of applying the Conventions and this Protocol.
7. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.
Article 6. Qualified persons
1. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of
the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to
facilitate the application of the Conventions and of this Protocol, and in particular the activities of
the Protecting Powers.
2. The recruitment and training of such personnel are within domestic jurisdiction.
3. The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose.
4. The conditions governing the employment of such personnel outside the national territory
shall, in each case, be the subject of special agreements between the Parties concerned.
Article 7. Meetings
The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the
request of one or more of the said Parties and upon the approval of the majority of the said Parties,
to consider general problems concerning the application of the Conventions and of the Protocol.
PART II. WOUNDED, SICK AND SHIPWRECKED
SECTION I. GENERAL PROTECTION
Article 8. Terminology
For the purposes of this Protocol:
(a) “wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or
care and who refrain from any act of hostility. These terms also cover maternity cases, new-born
babies and other persons who may be in need of immediate medical assistance or care, such as the
infirm or expectant mothers, and who refrain from any act of hostility;
(b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or
in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and
who refrain from any act of hostility. These persons, provided that they continue to refrain from any
act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire
another status under the Conventions or this Protocol;
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144
(c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively
to the medical purposes enumerated under sub-paragraph (e) or to the administration of medical
units or to the operation or administration of medical transports. Such assignments may be either
permanent or temporary. The term includes:
(i)
medical personnel of a Party to the conflict, whether military or civilian, including
those described in the First and Second Conventions, and those assigned to civil
defence organizations;
(ii)
medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by
a Party to the conflict;
(iii)
medical personnel of medical units or medical transports described in Article 9,
paragraph 2;
(d) “religious personnel” means military or civilian persons, such as chaplains, who are
exclusively engaged in the work of their ministry and attached:
(i)
to the armed forces of a Party to the conflict;
(ii)
to medical units or medical transports of a Party to the conflict;
(iii)
to medical units or medical transports described in Article 9, paragraph 2; or
(iv)
to civil defence organizations of a Party to the conflict.
The attachment of religious personnel may be either permanent or temporary, and the relevant
provisions mentioned under sub-paragraph (k) apply to them;
(e) “medical units” means establishments and other units, whether military or civilian,
organized for medical purposes, namely the search for, collection, transportation, diagnosis or
treatment, including first-aid treatment, of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion
centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
(f) “medical transportation” means the conveyance by land, water or air of the wounded,
sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies
protected by the Conventions and by this Protocol;
(g) “medical transports” means any means of transportation, whether military or civilian,
permanent or temporary, assigned exclusively to medical transportation and under the control of a
competent authority of a Party to the conflict;
(h) “medical vehicles” means any medical transports by land;
(i)
“medical ships and craft” means any medical transports by water;
(j)
“medical aircraft” means any medical transports by air;
(k) “permanent medical personnel”, “permanent medical units” and “permanent medical
transports” mean those assigned exclusively to medical purposes for an indeterminate period.
“Temporary medical personnel”, “temporary medical units” and “temporary medical transports”
mean those devoted exclusively to medical purposes for limited periods during the whole of such
periods. Unless otherwise specified, the terms “medical personnel”, “medical units” and “medical
transports” cover both permanent and temporary categories;
(l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion
and sun on a white ground when used for the protection of medical units and transports, or medical
and religious personnel, equipment or supplies;
(m) “distinctive signal” means any signal or message specified for the identification exclusively
of medical units or transports in Chapter III of Annex I to this Protocol.
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Article 9. Field of application
1. This Part, the provisions of which are intended to ameliorate the condition of the wounded,
sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without
any adverse distinction founded on race, colour, sex, language, religion or belief, political or other
opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First Convention shall apply to permanent medical units and transports (other than hospital ships, to which Article 25 of the Second
Convention applies) and their personnel made available to a Party to the conflict for humanitarian
purposes:
(a) by a neutral or other State which is not a Party to that conflict;
(b) by a recognized and authorized aid society of such a State;
(c) by an impartial international humanitarian organization.
Article 10. Protection and care
1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected
and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent
practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.
Article 11. Protection of persons
1. The physical or mental health and integrity of persons who are in the power of the adverse
Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred
to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated
by the state of health of the person concerned and which is not consistent with generally accepted
medical standards which would be applied under similar medical circumstances to persons who are
nationals of the Party conducting the procedure and who are in no way deprived of liberty.
2. It is, in particular, prohibited to carry out on such persons, even with their consent:
(a) physical mutilations;
(b) medical or scientific experiments;
(c) removal of tissue or organs for transplantation,
except where these acts are justified in conformity with the conditions provided for in paragraph 1.
3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of donations
of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without
any coercion or inducement, and then only for therapeutic purposes, under conditions consistent
with generally accepted medical standards and controls designed for the benefit of both the donor
and the recipient.
4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which
either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements
of paragraph 3 shall be a grave breach of this Protocol.
5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case
of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or
acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons referred to in paragraph 1, if that donation is made under the
responsibility of that Party. In addition, each Party to the conflict shall endeavour to keep a record
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of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. These records shall be
available at all times for inspection by the Protecting Power.
Article 12. Protection of medical units
1. Medical units shall be respected and protected at all times and shall not be the object of
attack.
2. Paragraph 1 shall apply to civilian medical units, provided that they:
(a) belong to one of the Parties to the conflict;
(b) are recognized and authorized by the competent authority of one of the Parties to the
conflict; or
(c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of
the First Convention.
3. The Parties to the conflict are invited to notify each other of the location of their medical
units. The absence of such notification shall not exempt any of the Parties from the obligation to
comply with the provisions of paragraph 1.
4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are
so sited that attacks against military objectives do not imperil their safety.
Article 13. Discontinuance of protection of civilian medical units
1. The protection to which civilian medical units are entitled shall not cease unless they are
used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may,
however, cease only after a warning has been given setting, whenever appropriate, a reasonable timelimit, and after such warning has remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
(a) that the personnel of the unit are equipped with light individual weapons for their own
defence or for that of the wounded and sick in their charge;
(b) that the unit is guarded by a picket or by sentries or by an escort;
(c) that small arms and ammunition taken from the wounded and sick, and not yet handed
to the proper service, are found in the units;
(d) that members of the armed forces or other combatants are in the unit for medical reasons.
Article 14. Limitations on requisition of civilian medical units
1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.
2. The occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or the services of their personnel, so long as these resources are necessary for
the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment.
3. Provided that the general rule in paragraph 2 continues to be observed, the occupying Power
may requisition the said resources, subject to the following particular conditions:
(a) that the resources are necessary for the adequate and immediate medical treatment of the
wounded and sick members of the armed forces of the Occupying Power or of prisoners of war;
(b) that the requisition continues only while such necessity exists; and
(c) that immediate arrangements are made to ensure that the medical needs of the civilian
population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied.
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Article 15. Protection of civilian medical and religious personnel
1. Civilian medical personnel shall be respected and protected.
2. If needed, all available help shall be afforded to civilian medical personnel in an area where
civilian medical services are disrupted by reason of combat activity.
3. The Occupying Power shall afford civilian medical personnel in occupied territories every
assistance to enable them to perform, to the best of their ability, their humanitarian functions. The
Occupying Power may not require that, in the performance of those functions, such personnel shall
give priority to the treatment of any person except on medical grounds. They shall not be compelled
to carry out tasks which are not compatible with their humanitarian mission.
4. Civilian medical personnel shall have access to any place where their services are essential,
subject to such supervisory and safety measures as the relevant Party to the conflict may deem
necessary.
5. Civilian religious personnel shall be respected and protected. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall
apply equally to such persons.
Article 16. General protection of medical duties
1. Under no circumstances shall any person be punished for carrying out medical activities
compatible with medical ethics, regardless of the person benefiting therefrom.
2. Persons engaged in medical activities shall not be compelled to perform acts or to carry out
work contrary to the rules of medical ethics or to other medical rules designed for the benefit of
the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from
performing acts or from carrying out work required by those rules and provisions.
3. No person engaged in medical activities shall be compelled to give to anyone belonging
either to an adverse Party, or to his own Party except as required by the law of the latter Party, any
information concerning the wounded and sick who are, or who have been, under his care, if such
information would, in his opinion, prove harmful to the patients concerned or to their families.
Regulations for the compulsory notification of communicable diseases shall, however, be respected.
Article 17. Role of the civilian population and of aid societies
1. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong
to the adverse Party, and shall commit no act of violence against them. The civilian population
and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be
permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked,
even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for
such humanitarian acts.
2. The Parties to the conflict may appeal to the civilian population and the aid societies referred
to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the
dead and report their location; they shall grant both protection and the necessary facilities to those
who respond to this appeal. If the adverse Party gains or regains control of the area, that Party also
shall afford the same protection and facilities for so long as they are needed.
Article 18. Identification
1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel
and medical units and transports are identifiable.
2. Each Party to the conflict shall also endeavour to adopt and to implement methods and
procedures which will make it possible to recognize medical units and transports which use the
distinctive emblem and distinctive signals.
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3. In occupied territory and in areas where fighting is taking place or is likely to take place,
civilian medical personnel and civilian religious personnel should be recognizable by the distinctive
emblem and an identity card certifying their status.
4. With the consent of the competent authority, medical units and transports shall be marked
by the distinctive emblem. The ships and craft referred to in Article 22 of this Protocol shall be
marked in accordance with the provisions of the Second Convention.
5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter
III of Annex 1 to this Protocol, authorize the use of distinctive signals to identify medical units and
transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use
distinctive signals without displaying the distinctive emblem.
6. The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters
I to III of Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive
use of medical units and transports shall not, except as provided therein, be used for any purpose
other than to identify the medical units and transports specified in that Chapter.
7. This Article does not authorize any wider use of the distinctive emblem in peacetime than
is prescribed in Article 44 of the First Convention.
8. The provisions of the Conventions and of this Protocol relating to supervision of the use of
the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.
Article 19. Neutral and other States not Parties to the conflict
Neutral and other States not Parties to the conflict shall apply the relevant provisions of this
Protocol to persons protected by this Part who may be received or interned within their territory,
and to any dead of the Parties to that conflict whom they may find.
Article 20. Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are prohibited.
section II. medical transportation
Article 21. Medical vehicles
Medical vehicles shall be respected and protected in the same way as mobile medical units
under the Conventions and this Protocol.
Article 22. Hospital ships and coastal rescue craft
1. The provisions of the Conventions relating to:
(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,
(b) their lifeboats and small craft,
(c) their personnel and crews, and
(d) the wounded, sick and shipwrecked on board,
shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong
to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not,
however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find
themselves in the power of a Party to the conflict other than their own, they shall be covered by the
Fourth Convention and by this Protocol.
2. The protection provided by the Conventions to vessels described in Article 25 of the Second
Convention shall extend to hospital ships made available for humanitarian purposes to a Party to
the conflict:
(a) by a neutral or other State which is not a Party to that conflict; or
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(b) by an impartial international humanitarian organization,
provided that, in either case, the requirements set out in that Article are complied with.
3. Small craft described in Article 27 of the Second Convention shall be protected even if the
notification envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each other of any details of such craft which will facilitate their identification
and recognition.
Article 23. Other medical ships and craft
1. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected
in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognized as medical ships or craft, such
vessels should be marked with the distinctive emblem and as far as possible comply with the second
paragraph of Article 43 of the Second Convention.
2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any
warship on the surface able immediately to enforce its command may order them to stop, order them
off, or make them take a certain course, and they shall obey every such command. Such ships and
craft may not in any other way be diverted from their medical mission so long as they are needed
for the wounded, sick and shipwrecked on board.
3. The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance
with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.
4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible
of the name, description, expected time of sailing, course and estimated speed of the medical ship
or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge
receipt of such information.
5. The provisions of Article 37 of the Second Convention shall apply to medical and religious
personnel in such ships and craft.
6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked
belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of
this Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked
civilians who do not belong to any of the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal
from such ships or craft; if they find themselves in the power of a Party to the conflict other than
their own, they shall be covered by the Fourth Convention and by this Protocol.
Article 24. Protection of medical aircraft
Medical aircraft shall be respected and protected, subject to the provisions of this Part.
Article 25. Medical aircraft in areas not controlled by an adverse Party
In and over land areas physically controlled by friendly forces, or in and over sea areas not
physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party
to the conflict is not dependent on any agreement with an adverse Party. For greater safety, however,
a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as
provided in Article 29, in particular when such aircraft are making flights bringing them within
range of surface-to-air weapons systems of the adverse Party.
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Article 26. Medical aircraft in contact or similar zones
1. In and over those parts of the contact zone which are physically controlled by friendly forces
and in and over those areas the physical control of which is not clearly established, protection for
medical aircraft can be fully effective only by prior agreement between the competent military
authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of
such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected
after they have been recognized as such.
2. “Contact zone” means any area on land where the forward elements of opposing forces are
in contact with each other, especially where they are exposed to direct fire from the ground.
Article 27. Medical aircraft in areas controlled by an adverse Party
1. The medical aircraft of a Party to the conflict shall continue to be protected while flying over
land or sea areas physically controlled by an adverse Party, provided that prior agreement to such
flights has been obtained from the competent authority of that adverse Party.
2. A medical aircraft which flies over an area physically controlled by an adverse Party without,
or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to
identify itself and to inform the adverse Party of the circumstances. As soon as such medical aircraft
has been recognized by the adverse Party, that Party shall make all reasonable efforts to give the
order to land or to alight on water, referred to in Article 30, paragraph 1, or to take other measures
to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before
resorting to an attack against the aircraft.
Article 28. Restrictions on operations of medical aircraft
1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to
acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be
used in an attempt to render military objectives immune from attack.
2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry
any equipment intended for such purposes. They are prohibited from carrying any persons or cargo
not included within the definition in Article 8, sub-paragraph (f ). The carrying on board of the
personal effects of the occupants or of equipment intended solely to facilitate navigation, communication, or identification shall not be considered as prohibited.
3. Medical aircraft shall not carry any armament except small arms and ammunition taken
from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and
such light individual weapons as may be necessary to enable the medical personnel on board to
defend themselves and the wounded, sick and shipwrecked in their charge.
4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not,
except by prior agreement with the adverse Party, be used to search for the wounded, sick and
shipwrecked.
Article 29. Notifications and agreements concerning medical aircraft
1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28
(paragraph 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means
of identification, and shall be understood to mean that every flight will be carried out in compliance
with Article 28.
2. A Party which receives a notification given under Article 25 shall at once acknowledge
receipt of such notification.
3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4),
or 31 shall, as rapidly as possible, notify the requesting Party:
(a) that the request is agreed to;
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(b) that the request is denied; or
(c) of reasonable alternative proposals to the request. It may also propose a prohibition or
restriction of other flights in the area during the time involved. If the Party which submitted the
request accepts the alternative proposals, it shall notify the other Party of such acceptance.
4. The Parties shall take the necessary measures to ensure that notifications and agreements
can be made rapidly.
5. The Parties shall also take the necessary measures to disseminate rapidly the substance of
any such notifications and agreements to the military units concerned and shall instruct those units
regarding the means of identification that will be used by the medical aircraft in question.
Article 30. Landing and inspection of medical aircraft
1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over
areas the physical control of which is not clearly established, may be ordered to land or to alight on
water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical
aircraft shall obey any such order.
2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons,
it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4.
Any such inspection shall be commenced without delay and shall be conducted expeditiously. The
inspecting Party shall not require the wounded and sick to be removed from the aircraft unless their
removal is essential for the inspection. That Party shall in any event ensure that the condition of the
wounded and sick is not adversely affected by the inspection or by the removal.
3. If the inspection discloses that the aircraft:
(a) is a medical aircraft within the meaning of Article 8, sub-paragraph (j),
(b) is not in violation of the conditions prescribed in Article 28, and
(c) has not flown without or in breach of a prior agreement where such agreement is required,
the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State
not a Party to the conflict shall be authorized to continue the flight without delay.
4. If the inspection discloses that the aircraft:
(a) is not a medical aircraft within the meaning of Article 8, sub-paragraph (j),
(b) is in violation of the conditions prescribed in Article 28, or
(c) has flown without or in breach of a prior agreement where such agreement is required,
the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions
of the Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent
medical aircraft may be used thereafter only as a medical aircraft.
Article 31. Neutral or other States not Parties to the conflict
1. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a
neutral or other State not a Party to the conflict. However, with such an agreement, they shall be
respected throughout their flight and also for the duration of any calls in the territory. Nevertheless
they shall obey any summons to land or to alight on water, as appropriate.
2. Should a medical aircraft, in the absence of an agreement or in deviation from the terms
of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either
through navigational error or because of an emergency affecting the safety of the flight, it shall
make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft
is recognized, that State shall make all reasonable efforts to give the order to land or to alight on
water referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests,
and, in either case, to allow the aircraft time for compliance, before resorting to an attack against
the aircraft.
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3. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2,
lands or alights on water in the territory of a neutral or other State not Party to the conflict, whether
ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of
determining whether it is in fact a medical aircraft. The inspection shall be commenced without
delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
sick of the Party operating the aircraft to be removed from it unless their removal is essential for
the inspection. The inspecting Party shall in any event ensure that the condition of the wounded
and sick is not adversely affected by the inspection or the removal. If the inspection discloses that
the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must
be detained in accordance with the rules of international law applicable in armed conflict, shall
be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the
flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized and the
occupants treated in accordance with paragraph 4.
4. The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a
Party to the conflict shall, unless agreed otherwise between that State and the Parties to the conflict,
be detained by that State where so required by the rules of international law applicable in armed
conflict, in such a manner that they cannot again take part in the hostilities. The cost of hospital
treatment and internment shall be borne by the State to which those persons belong.
5. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory
equally to all Parties to the conflict.
section III. missing and dead persons
Article 32. General principle
In the implementation of this Section, the activities of the High Contracting Parties, of the
Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of
their relatives.
Article 33. Missing persons
1. As soon as circumstances permit, and at the latest from the end of active hostilities, each
Party to the conflict shall search for the persons who have been reported missing by an adverse
Party. Such adverse Party shall transmit all relevant information concerning such persons in order
to facilitate such searches.
2. In order to facilitate the gathering of information pursuant to the preceding paragraph, each
Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol:
(a) record the information specified in Article 138 of the Fourth Convention in respect of
such persons who have been detained, imprisoned or otherwise held in captivity for more than two
weeks as a result of hostilities or occupation, or who have died during any period of detention;
(b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the
recording of information concerning such persons if they have died in other circumstances as a
result of hostilities or occupation.
3. Information concerning persons reported missing pursuant to paragraph 1 and requests
for such information shall be transmitted either directly or through the Protecting Power or the
Central Tracing Agency of the International Committee of the Red Cross or national Red Cross
(Red Crescent, Red Lion and Sun) Societies. Where the information is not transmitted through the
International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict
shall ensure that such information is also supplied to the Central Tracing Agency.
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4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search
for, identify and recover the dead from battlefield areas, including arrangements, if appropriate, for
such teams to be accompanied by personnel of the adverse Party while carrying out these missions
in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected
while exclusively carrying out these duties.
Article 34. Remains of deceased
1. The remains of persons who have died for reasons related to occupation or in detention
resulting from occupation or hostilities and those of persons not nationals of the country in which
they have died as a result of hostilities shall be respected, and the gravesites of all such persons
shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the
Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse Parties permit, the High
Contracting Parties in whose territories graves and, as the case may be, other locations of the
remains of persons who have died as a result of hostilities or during occupation or in detention are
situated, shall conclude agreements in order:
(a) to facilitate access to the gravesites by relatives of the deceased and by representatives of
official graves registration services and to regulate the practical arrangements for such access;
(b) to protect and maintain such gravesites permanently;
(c) to facilitate the return of the remains of the deceased and of personal effects to the home
country upon its request or, unless that country objects, upon the request of the next of kin.
3. In the absence of the agreements provided for in paragraph 2 (b) or (c) and if the home country of such deceased is not willing to arrange at its expense for the maintenance of such gravesites,
the High Contracting Party in whose territory the gravesites are situated may offer to facilitate
the return of the remains of the deceased to the home country. Where such an offer has not been
accepted the High Contracting Party may, after the expiry of five years from the date of the offer and
upon due notice to the home country, adopt the arrangements laid down in its own laws relating to
cemeteries and graves.
4. A High Contracting Party in whose territory the gravesites referred to in this Article are
situated shall be permitted to exhume the remains only:
(a)
in accordance with paragraphs 2 (c) and 3, or
(b) where exhumation is a matter of overriding public necessity, including cases of medical
and investigative necessity, in which case the High Contracting Party shall at all times respect the
remains, and shall give notice to the home country of its intention to exhume the remains together
with details of the intended place of reinterment.
PART III. METHODS AND MEANS OF WARFARE
COMBATANT AND PRISONER-OF-WAR STATUS
SECTION I. METHODS AND MEANS OF WARFARE
Article 35. Basic rules
1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of
warfare is not unlimited.
2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a
nature to cause superfluous injury or unnecessary suffering.
3. It is prohibited to employ methods or means of warfare which are intended, or may be
expected, to cause widespread, long-term and severe damage to the natural environment.
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Article 36. New weapons
In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would,
in some or all circumstances, be prohibited by this Protocol or by any other rule of international law
applicable to the High Contracting Party.
Article 37. Prohibition of perfidy
1. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the
confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that
confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;
(b) the feigning of an incapacitation by wounds or sickness;
(c) the feigning of civilian, non-combatant status; and
(d) the feigning of protected status by the use of signs, emblems or uniforms of the United
Nations or of neutral or other States not Parties to the conflict.
2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in
armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of
camouflage, decoys, mock operations and misinformation.
Article 38. Recognized emblems
1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent
or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this
Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem
of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United Nations, except as
authorized by that Organization.
Article 39. Emblems of nationality
1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia
or uniforms of neutral or other States not Parties to the conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse
Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally
recognized rules of international law applicable to espionage or to the use of flags in the conduct of
armed conflict at sea.
Article 40. Quarter
It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or
to conduct hostilities on this basis.
Article 41. Safeguard of an enemy hors de combat
1. A person who is recognized or who, in the circumstances, should be recognized to be hors
de combat shall not be made the object of attack.
2. A person is hors de combat if:
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he is in the power of an adverse Party;
(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness,
and therefore is incapable of defending himself;
provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into the power of an
adverse Party under unusual conditions of combat which prevent their evacuation as provided for in
Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall
be taken to ensure their safety.
Article 42. Occupants of aircraft
1. No person parachuting from an aircraft in distress shall be made the object of attack during
his descent.
2. Upon reaching the ground in territory controlled by an adverse Party, a person who has
parachuted from an aircraft in distress shall be given an opportunity to surrender before being made
the object of attack, unless it is apparent that he is engaging in a hostile act.
3. Airborne troops are not protected by this Article.
SECTION II. COMBATANT AND PRISONER-OF-WAR STATUS
Article 43. Armed forces
1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and
units which are under a command responsible to that Party for the conduct of its subordinates, even
if that Party is represented by a government or an authority not recognized by an adverse Party.
Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce
compliance with the rules of international law applicable in armed conflict.
2. Members of the armed forces of a Party to a conflict (other than medical personnel and
chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have
the right to participate directly in hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.
Article 44. Combatants and prisoners of war
1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall
be a prisoner of war.
2. While all combatants are obliged to comply with the rules of international law applicable in
armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as
provided in paragraphs 3 and 4.
3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are
engaged in an attack or in a military operation preparatory to an attack. Recognizing, however,
that there are situations in armed conflicts where, owing to the nature of the hostilities an armed
combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that,
in such situations, he carries his arms openly:
(a)
during each military engagement, and
(b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.
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Acts which comply with the requirements of this paragraph shall not be considered as perfidious
within the meaning of Article 37, paragraph 1 (c).
4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war,
but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections
equivalent to those accorded to prisoners of war by the Third Convention in the case where such a
person is tried and punished for any offences he has committed.
5. Any combatant who falls into the power of an adverse Party while not engaged in an attack
or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and
a prisoner of war by virtue of his prior activities.
6. This Article is without prejudice to the right of any person to be a prisoner of war pursuant
to Article 4 of the Third Convention.
7. This Article is not intended to change the generally accepted practice of States with respect
to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a
Party to the conflict.
8. In addition to the categories of persons mentioned in Article 13 of the First and Second
Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of
this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick
or, in the case of the Second Convention, shipwrecked at sea or in other waters.
Article 45. Protection of persons who have taken part in hostilities
1. A person who takes part in hostilities and falls into the power of an adverse Party shall be
presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he
claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on
which he depends claims such status on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of
prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third
Convention and this Protocol until such time as his status has been determined by a competent
tribunal.
2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war
and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to
assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question
adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before
the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the
proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held in
camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly.
3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status
and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of
the Fourth Convention, to his rights of communication under that Convention.
Article 46. Spies
1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of
the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.
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2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and
in territory controlled by an adverse Party, gathers or attempts to gather information shall not be
considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.
3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts
to gather information of military value within that territory shall not be considered as engaging in
espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be
treated as a spy unless he is captured while engaging in espionage.
4. A member of the armed forces of a Party to the conflict who is not a resident of territory
occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his
right to the status of prisoner of war and may not be treated as a spy unless he is captured before he
has rejoined the armed forces to which he belongs.
Article 47. Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:
(a)
is specially recruited locally or abroad in order to fight in an armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the desire for private gain and, in
fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in
excess of that promised or paid to combatants of similar ranks and functions in the armed forces of
that Party;
(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a
Party to the conflict;
(e)
is not a member of the armed forces of a Party to the conflict; and
(f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.
PART IV. CIVILIAN POPULATION
SECTION I. GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
CHAPTER I. BASIC RULE AND FIELD OF APPLICATION
Article 48. Basic rule
In order to ensure respect for and protection of the civilian population and civilian objects, the
Parties to the conflict shall at all times distinguish between the civilian population and combatants
and between civilian objects and military objectives and accordingly shall direct their operations
only against military objectives.
Article 49. Definition of attacks and scope of application
1. “Attacks” means acts of violence against the adversary, whether in offence or in defence.
2. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the
control of an adverse Party.
3. The provisions of this Section apply to any land, air or sea warfare which may affect the
civilian population, individual civilians or civilian objects on land. They further apply to all attacks
from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air.
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4. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part II thereof, and in other international
agreements binding upon the High Contracting Parties, as well as to other rules of international
law relating to the protection of civilians and civilian objects on land, at sea or in the air against the
effects of hostilities.
CHAPTER II. CIVILIANS AND CIVILIAN POPULATION
Article 50. Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the categories of persons referred to
in Article 4 A 1), 2), 3) and 6) of the Third Convention and in Article 43 of this Protocol. In case of
doubt whether a person is a civilian, that person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not come within the
definition of civilians does not deprive the population of its civilian character.
Article 51. Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which
are additional to other applicable rules of international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object of
attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they
take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be directed at a specific
military objective; or
(c) those which employ a method or means of combat the effects of which cannot be limited
as required by this Protocol;
and consequently, in each such case, are of a nature to strike military objectives and civilians or
civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a single military
objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and
(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to
the concrete and direct military advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian population or individual civilians shall not be
used to render certain points or areas immune from military operations, in particular in attempts
to shield military objectives from attacks or to shield, favour or impede military operations. The
Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.
8. Any violation of these prohibitions shall not release the Parties to the conflict from their
legal obligations with respect to the civilian population and civilians, including the obligation to
take the precautionary measures provided for in Article 57.
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CHAPTER III. CIVILIAN OBJECTS
Article 52. General protection of civilian objects
1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects
which are not military objectives as defined in paragraph 2.
2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned,
military objectives are limited to those objects which by their nature, location, purpose or use make
an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as
a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.
Article 53. Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:
(a) to commit any acts of hostility directed against the historic monuments, works of art or
places of worship which constitute the cultural or spiritual heritage of peoples;
(b) to use such objects in support of the military effort;
(c)
to make such objects the object of reprisals.
Article 54. Protection of objects indispensable to the survival of the civilian population
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the
survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse
Party, whatever the motive, whether in order to starve out civilians, to cause them to move away,
or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are
used by an adverse Party:
(a)
as sustenance solely for the members of its armed forces; or
(b) if not as sustenance, then in direct support of military action, provided, however, that
in no event shall actions against these objects be taken which may be expected to leave the civilian
population with such inadequate food or water as to cause its starvation or force its movement.
4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in the defence of its
national territory against invasion, derogation from the prohibitions contained in paragraph 2 may
be made by a Party to the conflict within such territory under its own control where required by
imperative military necessity.
Article 55. Protection of the natural environment
1. Care shall be taken in warfare to protect the natural environment against widespread, longterm and severe damage. This protection includes a prohibition of the use of methods or means of
warfare which are intended or may be expected to cause such damage to the natural environment
and thereby to prejudice the health or survival of the population.
2. Attacks against the natural environment by way of reprisals are prohibited.
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Article 56. Protection of works and installations containing dangerous forces
1. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces and consequent severe losses
among the civilian population. Other military objectives located at or in the vicinity of these works
or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.
2. The special protection against attack provided by paragraph 1 shall cease:
(a) for a dam or a dyke only if it is used for other than its normal function and in regular,
significant and direct support of military operations and if such attack is the only feasible way to
terminate such support;
(b) for a nuclear electrical generating station only if it provides electric power in regular,
significant and direct support of military operations and if such attack is the only feasible way to
terminate such support;
(c) for other military objectives located at or in the vicinity of these works or installations
only if they are used in regular, significant and direct support of military operations and if such
attack is the only feasible way to terminate such support.
3. In all cases, the civilian population and individual civilians shall remain entitled to all
the protection accorded them by international law, including the protection of the precautionary
measures provided for in Article 57. If the protection ceases and any of the works, installations or
military objectives mentioned in paragraph 1 is attacked, all practical precautions shall be taken to
avoid the release of the dangerous forces.
4. It is prohibited to make any of the works, installations or military objectives mentioned in
paragraph 1 the object of reprisals.
5. The Parties to the conflict shall endeavour to avoid locating any military objectives in the
vicinity of the works or installations mentioned in paragraph 1. Nevertheless, installations erected
for the sole purpose of defending the protected works or installations from attack are permissible
and shall not themselves be made the object of attack, provided that they are not used in hostilities
except for defensive actions necessary to respond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against
the protected works or installations.
6. The High Contracting Parties and the Parties to the conflict are urged to conclude further
agreements among themselves to provide additional protection for objects containing dangerous
forces.
7. In order to facilitate the identification of the objects protected by this Article, the Parties to
the conflict may mark them with a special sign consisting of a group of three bright orange circles
placed on the same axis, as specified in Article 16 of Annex 1 to this Protocol. The absence of such
marking in no way relieves any Party to the conflict of its obligations under this Article.
chapter IV. PRECAUTIONARY MEASURES
Article 57. Precautions in attack
1. In the conduct of military operations, constant care shall be taken to spare the civilian
population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
(a)
those who plan or decide upon an attack shall:
(i)
do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military
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objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;
(ii) take all feasible precautions in the choice of means and methods of attack with a
view to avoiding, and in any event to minimizing, incidental loss of civilian life,
injury to civilians and damage to civilian objects;
(iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct
military advantage anticipated;
(b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a
military one or is subject to special protection or that the attack may be expected to cause incidental
loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military advantage anticipated;
(c) effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit.
3. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to
cause the least danger to civilian lives and to civilian objects.
4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in
conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.
5. No provision of this Article may be construed as authorizing any attacks against the civilian
population, civilians or civilian objects.
Article 58. Precautions against the effects of attacks
The Parties to the conflict shall, to the maximum extent feasible:
(a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of
military objectives;
(b) avoid locating military objectives within or near densely populated areas;
(c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.
CHAPTER V. LOCALITIES AND ZONES UNDER SPECIAL PROTECTION
Article 59. Non-defended localities
1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, nondefended localities.
2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality
any inhabited place near or in a zone where armed forces are in contact which is open for occupation
by an adverse Party. Such a locality shall fulfil the following conditions:
(a) all combatants, as well as mobile weapons and mobile military equipment, must have
been evacuated;
(b) no hostile use shall be made of fixed military installations or establishments;
(c) no acts of hostility shall be committed by the authorities or by the population; and
(d) no activities in support of military operations shall be undertaken.
3. The presence, in this locality, of persons specially protected under the Conventions and
this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not
contrary to the conditions laid down in paragraph 2.
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4. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall
define and describe, as precisely as possible, the limits of the non-defended locality. The Party to
the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the
locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact
fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if
the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the
protection provided by the other provisions of this Protocol and the other rules of international law
applicable in armed conflict.
5. The Parties to the conflict may agree on the establishment of non-defended localities even
if such localities do not fulfil the conditions laid down in paragraph 2. The agreement should define
and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay
down the methods of supervision.
6. The Party which is in control of a locality governed by such an agreement shall mark it, so
far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed
where they are clearly visible, especially on its perimeter and limits and on highways.
7. A locality loses its status as a non-defended locality when it ceases to fulfil the conditions
laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the
locality shall continue to enjoy the protection provided by the other provisions of this Protocol and
the other rules of international law applicable in armed conflict.
Article 60. Demilitarized zones
1. It is prohibited for the Parties to the conflict to extend their military operations to zones
on which they have conferred by agreement the status of demilitarized zone, if such extension is
contrary to the terms of this agreement.
2. The agreement shall be an express agreement, may be concluded verbally or in writing,
either directly or through a Protecting Power or any impartial humanitarian organization, and may
consist of reciprocal and concordant declarations. The agreement may be concluded in peacetime, as
well as after the outbreak of hostilities, and should define and describe, as precisely as possible, the
limits of the demilitarized zone and, if necessary, lay down the methods of supervision.
3. The subject of such an agreement shall normally be any zone which fulfils the following
conditions:
(a) all combatants, as well as mobile weapons and mobile military equipment, must have
been evacuated;
(b) no hostile use shall be made of fixed military installations or establishments;
(c)
no acts of hostility shall be committed by the authorities or by the population; and
(d) any activity linked to the military effort must have ceased.
The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down
in sub-paragraph (d) and upon persons to be admitted to the demilitarized zone other than those
mentioned in paragraph 4.
4. The presence, in this zone, of persons specially protected under the Conventions and this
Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not
contrary to the conditions laid down in paragraph 3.
5. The Party which is in control of such a zone shall mark it, so far as possible, by such signs
as may be agreed upon with the other Party, which shall be displayed where they are clearly visible,
especially on its perimeter and limits and on highways.
6. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so
agreed, none of them may use the zone for purposes related to the conduct of military operations
or unilaterally revoke its status.
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7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs
3 or 6, the other Party shall be released from its obligations under the agreement conferring upon
the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall
continue to enjoy the protection provided by the other provisions of this Protocol and the other rules
of international law applicable in armed conflict.
chapter VI. CIVIL DEFENCE
Article 61. Definitions and scope
For the purposes of this Protocol:
(a) “civil defence” means the performance of some or all of the undermentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover
from the immediate effects, of hostilities or disasters and also to provide the conditions necessary
for its survival. These tasks are:
(i)
warning;
(ii)
evacuation;
(iii)
management of shelters;
(iv)
management of blackout measures;
(v)
rescue;
(vi)
medical services, including first aid, and religious assistance;
(vii)
fire-fighting;
(viii)
detection and marking of danger areas;
(ix)
decontamination and similar protective measures;
(x)
provision of emergency accommodation and supplies;
(xi)
emergency assistance in the restoration and maintenance of order in distressed
areas;
(xii)
emergency repair of indispensable public utilities;
(xiii)
emergency disposal of the dead;
(xiv)
assistance in the preservation of objects essential for survival;
(xv)
complementary activities necessary to carry out any of the tasks mentioned above,
including, but not limited to, planning and organization;
(b) “civil defence organizations” means those establishments and other units which are
organized or authorized by the competent authorities of a Party to the conflict to perform any of
the tasks mentioned under sub-paragraph (a), and which are assigned and devoted exclusively to
such tasks;
(c) “personnel” of civil defence organizations means those persons assigned by a Party to the
conflict exclusively to the performance of the tasks mentioned under sub-paragraph (a), including
personnel assigned by the competent authority of that Party exclusively to the administration of
these organizations;
(d) “matériel” of civil defence organizations means equipment, supplies and transports used
by these organizations for the performance of the tasks mentioned under sub-paragraph (a).
Article 62. General protection
1. Civilian civil defence organizations and their personnel shall be respected and protected,
subject to the provisions of this Protocol, particularly the provisions of this Section. They shall be
entitled to perform their civil defence tasks except in case of imperative military necessity.
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2. The provisions of paragraph 1 shall also apply to civilians who, although not members of
civilian civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under their control.
3. Buildings and materiel used for civil defence purposes and shelters provided for the civilian
population are covered by Article 52. Objects used for civil defence purposes may not be destroyed
or diverted from their proper use except by the Party to which they belong.
Article 63. Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations shall receive from the authorities
the facilities necessary for the performance of their tasks. In no circumstances shall their personnel be compelled to perform activities which would interfere with the proper performance of these
tasks. The Occupying Power shall not change the structure or personnel of such organizations in any
way which might jeopardize the efficient performance of their mission. These organizations shall
not be required to give priority to the nationals or interests of that Power.
2. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations
to perform their tasks in any manner prejudicial to the interests of the civilian population.
3. The Occupying Power may disarm civil defence personnel for reasons of security.
4. The Occupying Power shall neither divert from their proper use nor requisition buildings or
matériel belonging to or used by civil defence organizations if such diversion or requisition would
be harmful to the civilian population.
5. Provided that the general rule in paragraph 4 continues to be observed, the Occupying
Power may requisition or divert these resources, subject to the following particular conditions:
(a)
that the buildings or matériel are necessary for other needs of the civilian population; and
(b) that the requisition or diversion continues only while such necessity exists.
6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the
civilian population or needed by such population.
Article 64. Civilian civil defence organizations of neutral or other States not Parties
to the conflict and international co-ordinating organizations
1. Articles 62, 63, 65 and 66 shall also apply to the personnel and materiel of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil
defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and
under the control of that Party. Notification of such assistance shall be given as soon as possible to
any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference
in the conflict. This activity should, however, be performed with due regard to the security interests
of the Parties to the conflict concerned.
2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High
Contracting Parties granting it should facilitate international coordination of such civil defence
actions when appropriate. In such cases the relevant international organizations are covered by the
provisions of this Chapter.
3. In occupied territories, the Occupying Power may only exclude or restrict the activities
of civilian civil defence organizations of neutral or other States not Parties to the conflict and of
international co-ordinating organizations if it can ensure the adequate performance of civil defence
tasks from its own resources or those of the occupied territory.
Article 65. Cessation of protection
1. The protection to which civilian civil defence organizations, their personnel, buildings,
shelters and materiel are entitled shall not cease unless they commit or are used to commit, outside
their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning
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has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has
remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
(a) that civil defence tasks are carried out under the direction or control of military authorities;
(b) that civilian civil defence personnel co-operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence
organizations;
(c) that the performance of civil defence tasks may incidentally benefit military victims,
particularly those who are hors de combat.
3. It shall also not be considered as an act harmful to the enemy that civilian civil defence
personnel bear light individual weapons for the purpose of maintaining order or for self-defence.
However, in areas where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols
or revolvers, in order to assist in distinguishing between civil defence personnel and combatants.
Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such.
4. The formation of civilian civil defence organizations along military lines, and compulsory
service in them, shall also not deprive them of the protection conferred by this Chapter.
Article 66. Identification
1. Each Party to the conflict shall endeavour to ensure that its civil defence organizations,
their personnel, buildings and matériel, are identifiable while they are exclusively devoted to the
performance of civil defence tasks. Shelters provided for the civilian population should be similarly
identifiable.
2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel,
buildings and matériel on which the international distinctive sign of civil defence is displayed.
3. In occupied territories and in areas where fighting is taking place or is likely to take place,
civilian civil defence personnel should be recognizable by the international distinctive sign of civil
defence and by an identity card certifying their status.
4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange
ground when used for the protection of civil defence organizations, their personnel, buildings and
matériel and for civilian shelters.
5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes.
6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex
1 to this Protocol.
7. In time of peace, the sign described in paragraph 4 may, with the consent of the competent
national authorities, be used for civil defence identification purposes.
8. The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and
repress any misuse thereof.
9. The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18.
Article 67. Members of the armed forces and military units
assigned to civil defence organizations
1. Members of the armed forces and military units assigned to civil defence organizations shall
be respected and protected, provided that:
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(a) such personnel and such units are permanently assigned and exclusively devoted to the
performance of any of the tasks mentioned in Article 61;
(b) if so assigned, such personnel do not perform any other military duties during the conflict;
(c) such personnel are clearly distinguishable from the other members of the armed forces
by prominently displaying the international distinctive sign of civil defence, which shall be as large
as appropriate, and such personnel are provided with the identity card referred to in Chapter V of
Annex 1 to this Protocol certifying their status;
(d) such personnel and such units are equipped only with light individual weapons for the
purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also
apply in this case;
(e) such personnel do not participate directly in hostilities, and do not commit, or are not
used to commit, outside their civil defence tasks, acts harmful to the adverse Party;
(f) such personnel and such units perform their civil defence tasks only within the national
territory of their Party.
The non-observance of the conditions stated in (e) above by any member of the armed forces who is
bound by the conditions prescribed in (a) and (b) above is prohibited.
2. Military personnel serving within civil defence organizations shall, if they fall into the
power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need
arises, provided however that, if such work is dangerous, they volunteer for such tasks.
3. The buildings and major items of equipment and transports of military units assigned to
civil defence organizations shall be clearly marked with the international distinctive sign of civil
defence. This distinctive sign shall be as large as appropriate.
4. The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the
hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their
civil defence purpose so long as they are required for the performance of civil defence tasks, except
in case of imperative military necessity, unless previous arrangements have been made for adequate
provision for the needs of the civilian population.
section II. RELIEF IN FAVOUR OF THE CIVILIAN POPULATION
Article 68. Field of application
The provisions of this Section apply to the civilian population as defined in this Protocol and
are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth
Convention.
Article 69. Basic needs in occupied territories
1. In addition to the duties specified in Article 55 of the Fourth Convention concerning food
and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it
and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and
objects necessary for religious worship.
2. Relief actions for the benefit of the civilian population of occupied territories are governed
by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this
Protocol, and shall be implemented without delay.
Article 70. Relief actions
1. If the civilian population of any territory under the control of a Party to the conflict, other
than occupied territory, is not adequately provided with the supplies mentioned in Article 69, relief
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actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions.
Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts.
In the distribution of relief consignments, priority shall be given to those persons, such as children,
expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or
under this Protocol, are to be accorded privileged treatment or special protection.
2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid
and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse
Party.
3. The Parties to the conflict and each High Contracting Party which allow the passage of relief
consignments, equipment and personnel in accordance with paragraph 2:
(a) shall have the right to prescribe the technical arrangements, including search, under
which such passage is permitted;
(b) may make such permission conditional on the distribution of this assistance being made
under the local supervision of a Protecting Power;
(c) shall, in no way whatsoever, divert relief consignments from the purpose for which they
are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the
civilian population concerned.
4. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.
5. The Parties to the conflict and each High Contracting Party concerned shall encourage
and facilitate effective international co-ordination of the relief actions referred to in paragraph 1.
Article 71. Personnel participating in relief actions
1. Where necessary, relief personnel may form part of the assistance provided in any relief
action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry
out their duties.
2. Such personnel shall be respected and protected.
3. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist
the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of
imperative military necessity may the activities of the relief personnel be limited or their movements
temporarily restricted.
4. Under no circumstances may relief personnel exceed the terms of their mission under this
Protocol. In particular they shall take account of the security requirements of the Party in whose
territory they are carrying out their duties. The mission of any of the personnel who do not respect
these conditions may be terminated.
SECTION III. TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT
CHAPTER I. FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS
Article 72. Field of application
The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth
Convention, particularly Parts I and III thereof, as well as to other applicable rules of international
law relating to the protection of fundamental human rights during international armed conflict.
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Article 73. Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the
national legislation of the State of refuge or State of residence shall be protected persons within the
meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse
distinction.
Article 74. Reunion of dispersed families
The High Contracting Parties and the Parties to the conflict shall facilitate in every possible
way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular
the work of the humanitarian organizations engaged in this task in accordance with the provisions
of the Conventions and of this Protocol and in conformity with their respective security regulations.
Article 75. Fundamental guarantees
1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons
who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances
and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or
social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect
the person, honour, convictions and religious practices of all such persons.
2. The following acts are and shall remain prohibited at any time and in any place whatsoever,
whether committed by civilian or by military agents:
(a)
violence to the life, health, or physical or mental well-being of persons, in particular:
(i)
murder;
(ii)
torture of all kinds, whether physical or mental;
(iii)
corporal punishment; and
(iv)
mutilation;
(b) outrages upon personal dignity, in particular humiliating and degrading treatment,
enforced prostitution and any form of indecent assault;
(c)
the taking of hostages;
(d) collective punishments; and
(e)
threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related to the armed conflict shall be
informed promptly, in a language he understands, of the reasons why these measures have been
taken. Except in cases of arrest or detention for penal offences, such persons shall be released with
the minimum delay possible and in any event as soon as the circumstances justifying the arrest,
detention or internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a person found guilty of
a penal offence related to the armed conflict except pursuant to a conviction pronounced by an
impartial and regularly constituted court respecting the generally recognized principles of regular
judicial procedure, which include the following:
(a) the procedure shall provide for an accused to be informed without delay of the particulars
of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;
(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;
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(c) no one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under the national or international law to which
he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that
which was applicable at the time when the criminal offence was committed; if, after the commission
of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall
benefit thereby;
(d)
anyone charged with an offence is presumed innocent until proved guilty according to law;
(e)
anyone charged with an offence shall have the right to be tried in his presence;
(f)
no one shall be compelled to testify against himself or to confess guilt;
(g) anyone charged with an offence shall have the right to examine, or have examined, the
witnesses against him and to obtain the attendance and examination of witnesses on his behalf
under the same conditions as witnesses against him;
(h) no one shall be prosecuted or punished by the same Party for an offence in respect of
which a final judgement acquitting or convicting that person has been previously pronounced under
the same law and judicial procedure;
(i) anyone prosecuted for an offence shall have the right to have the judgement pronounced
publicly; and
(j) a convicted person shall be advised on conviction of his judicial and other remedies and
of the time-limits within which they may be exercised.
5. Women whose liberty has been restricted for reasons related to the armed conflict shall be
held in quarters separated from men’s quarters. They shall be under the immediate supervision of
women. Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units.
6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall
enjoy the protection provided by this Article until final release, repatriation or re-establishment,
even after the end of the armed conflict.
7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war
crimes or crimes against humanity, the following principles shall apply:
(a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and
(b) any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the
crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.
8. No provision of this Article may be construed as limiting or infringing any other more
favourable provision granting greater protection, under any applicable rules of international law, to
persons covered by paragraph 1.
CHAPTER II. MEASURES IN FAVOUR OF WOMEN AND CHILDREN
Article 76. Protection of women
1. Women shall be the object of special respect and shall be protected in particular against
rape, forced prostitution and any other form of indecent assault.
2. Pregnant women and mothers having dependent infants who are arrested, detained or
interned for reasons related to the armed conflict, shall have their cases considered with the utmost
priority.
3. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the
pronouncement of the death penalty on pregnant women or mothers having dependent infants, for
an offence related to the armed conflict. The death penalty for such offences shall not be executed
on such women.
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Article 77. Protection of children
1. Children shall be the object of special respect and shall be protected against any form of
indecent assault. The Parties to the conflict shall provide them with the care and aid they require,
whether because of their age or for any other reason.
2. The Parties to the conflict shall take all feasible measures in order that children who have
not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they
shall refrain from recruiting them into their armed forces. In recruiting among those persons who
have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties
to the conflict shall endeavour to give priority to those who are oldest.
3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained
the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party,
they shall continue to benefit from the special protection accorded by this Article, whether or not
they are prisoners of war.
4. If arrested, detained or interned for reasons related to the armed conflict, children shall be
held in quarters separate from the quarters of adults, except where families are accommodated as
family units as provided in Article 75, paragraph 5.
5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.
Article 78. Evacuation of children
1. No Party to the conflict shall arrange for the evacuation of children, other than its own
nationals, to a foreign country except for a temporary evacuation where compelling reasons of the
health or medical treatment of the children or, except in occupied territory, their safety, so require.
Where the parents or legal guardians can be found, their written consent to such evacuation is
required. If these persons cannot be found, the written consent to such evacuation of the persons
who by law or custom are primarily responsible for the care of the children is required. Any such
evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned,
namely, the Party arranging for the evacuation, the Party receiving the children and any Parties
whose nationals are being evacuated. In each case, all Parties to the conflict shall take all feasible
precautions to avoid endangering the evacuation.
2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including
his religious and moral education as his parents desire, shall be provided while he is away with the
greatest possible continuity.
3. With a view to facilitating the return to their families and country of children evacuated
pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the receiving country shall establish for each child a card with photographs,
which they shall send to the Central Tracing Agency of the International Committee of the Red
Cross. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child,
the following information:
(a)
surname(s) of the child;
(b)
the child’s first name(s);
(c)
the child’s sex;
(d) the place and date of birth (or, if that date is not known, the approximate age);
(e)
the father’s full name;
(f)
the mother’s full name and her maiden name;
(g) the child’s next of kin;
(h) the child’s nationality;
(i)
the child’s native language, and any other languages he speaks;
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(j) the address of the child’s family;
(k) any identification number for the child;
(l) the child’s state of health;
(m) the child’s blood group;
(n) any distinguishing features;
(o) the date on which and the place where the child was found;
(p) the date on which and the place from which the child left the country;
(q) the child’s religion, if any;
(r) the child’s present address in the receiving country;
(s) should the child die before his return, the date, place and circumstances of death and
place of interment.
CHAPTER III. JOURNALISTS
Article 79. Measures of protection for journalists
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be
considered as civilians within the meaning of Article 50, paragraph 1.
2. They shall be protected as such under the Conventions and this Protocol, provided that
they take no action adversely affecting their status as civilians, and without prejudice to the right
of war correspondents accredited to the armed forces to the status provided for in Article 4 A 4) of
the Third Convention.
3. They may obtain an identity card similar to the model in Annex II of this Protocol. This
card, which shall be issued by the government of the State of which the journalist is a national or
in whose territory he resides or in which the news medium employing him is located, shall attest to
his status as a journalist.
PART V. EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
SECTION I. general provisions
Article 80. Measures for execution
1. The High Contracting Parties and the Parties to the conflict shall without delay take all
necessary measures for the execution of their obligations under the Conventions and this Protocol.
2. The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution.
Article 81. Activities of the Red Cross and other humanitarian organizations
1. The Parties to the conflict shall grant to the International Committee of the Red Cross all
facilities within their power so as to enable it to carry out the humanitarian functions assigned to it
by the Conventions and this Protocol in order to ensure protection and assistance to the victims of
conflicts; the International Committee of the Red Cross may also carry out any other humanitarian
activities in favour of these victims, subject to the consent of the Parties to the conflict concerned.
2. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red
Lion and Sun) organizations the facilities necessary for carrying out their humanitarian activities
in favour of the victims of the conflict, in accordance with the provisions of the Conventions and
this Protocol and the Fundamental Principles of the Red Cross as formulated by the International
Conferences of the Red Cross.
3. The High Contracting Parties and the Parties to the conflict shall facilitate in every possible
way the assistance which Red Cross (Red Crescent, Red Lion and Sun) organizations and the League
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of Red Cross Societies* extend to the victims of conflicts in accordance with the provisions of the
Conventions and this Protocol and with the Fundamental Principles of the Red Cross as formulated
by the International Conferences of the Red Cross.
4. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make
facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian
organizations referred to in the Conventions and this Protocol which are duly authorized by the
respective Parties to the conflict and which perform their humanitarian activities in accordance
with the provisions of the Conventions and this Protocol.
Article 82. Legal advisers in armed forces
The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at
the appropriate level on the application of the Conventions and this Protocol and on the appropriate
instruction to be given to the armed forces on this subject.
Article 83. Dissemination
1. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to
disseminate the Conventions and this Protocol as widely as possible in their respective countries
and, in particular, to include the study thereof in their programmes of military instruction and
to encourage the study thereof by the civilian population, so that those instruments may become
known to the armed forces and to the civilian population.
2. Any military or civilian authorities who, in time of armed conflict, assume responsibilities
in respect of the application of the Conventions and this Protocol shall be fully acquainted with the
text thereof.
Article 84. Rules of application
The High Contracting Parties shall communicate to one another, as soon as possible, through
the depositary and, as appropriate, through the Protecting Powers, their official translations of this
Protocol, as well as the laws and regulations which they may adopt to ensure its application.
section II. repression of breaches of the conventions AND OF this protocol
Article 85. Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of breaches and grave breaches,
supplemented by this Section, shall apply to the repression of breaches and grave breaches of this
Protocol.
2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if
committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of
this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected
by this Protocol, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol.
3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded
as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions
of this Protocol, and causing death or serious injury to body or health:
(a)
making the civilian population or individual civilians the object of attack;
* On 10 February 1992 the Swiss Federal Council, government of the State depositary of the 1949 Geneva
Conventions, notified all States party to the Conventions that on 28 November 1991 the League of Red Cross
and Red Crescent Societies had changed its name to “International Federation of Red Cross and Red Crescent
Societies”.
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(b) launching an indiscriminate attack affecting the civilian population or civilian objects
in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to
civilian objects, as defined in Article 57, paragraph 2 (a) (iii);
(c) launching an attack against works or installations containing dangerous forces in the
knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian
objects, as defined in Article 57, paragraph 2 (a) (iii);
(d) making non-defended localities and demilitarized zones the object of attack;
(e) making a person the object of attack in the knowledge that he is hors de combat;
(f) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross,
red crescent or red lion and sun or of other protective signs recognized by the Conventions or this
Protocol.
4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully
and in violation of the Conventions or the Protocol:
(a) the transfer by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory, in violation of Article 49 of the Fourth Convention;
(b) unjustifiable delay in the repatriation of prisoners of war or civilians;
(c) practices of apartheid and other inhuman and degrading practices involving outrages
upon personal dignity, based on racial discrimination;
(d) making the clearly-recognized historic monuments, works of art or places of worship
which constitute the cultural or spiritual heritage of peoples and to which special protection has
been given by special arrangement, for example, within the framework of a competent international
organization, the object of attack, causing as a result extensive destruction thereof, where there is
no evidence of the violation by the adverse Party of Article 53, sub-paragraph (b), and when such
historic monuments, works of art and places of worship are not located in the immediate proximity
of military objectives;
(e) depriving a person protected by the Conventions or referred to in paragraph 2 of this
Article of the rights of fair and regular trial.
5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches
of these instruments shall be regarded as war crimes.
Article 86. Failure to act
1. The High Contracting Parties and the Parties to the conflict shall repress grave breaches,
and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol
which result from a failure to act when under a duty to do so.
2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if
they knew, or had information which should have enabled them to conclude in the circumstances
at the time, that he was committing or was going to commit such a breach and if they did not take
all feasible measures within their power to prevent or repress the breach.
Article 87. Duty of commanders
1. The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons
under their control, to prevent and, where necessary, to suppress and report to competent authorities breaches of the Conventions and of this Protocol.
2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the
conflict shall require that, commensurate with their level of responsibility, commanders ensure
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X. Law of armed conflict
that members of the armed forces under their command are aware of their obligations under the
Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall require any commander who
is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary to prevent
such violations of the Conventions or this Protocol, and, where appropriate, to initiate disciplinary
or penal action against violators thereof.
Article 88. Mutual assistance in criminal matters
1. The High Contracting Parties shall afford one another the greatest measure of assistance in
connexion with criminal proceedings brought in respect of grave breaches of the Conventions or
of this Protocol.
2. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the High Contracting Parties shall cooperate in the matter of extradition. They shall give due consideration to the request of the State in
whose territory the alleged offence has occurred.
3. The law of the High Contracting Party requested shall apply in all cases. The provisions of
the preceding paragraphs shall not, however, affect the obligations arising from the provisions of
any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part
of the subject of mutual assistance in criminal matters.
Article 89. Co-operation
In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act, jointly or individually, in co-operation with the United Nations and in
conformity with the United Nations Charter.
Article 90. International Fact-Finding Commission
1. (a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of fifteen members of high moral standing and acknowledged impartiality shall
be established.
(b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five
years thereafter, convene a meeting of representatives of those High Contracting Parties for the
purpose of electing the members of the Commission. At the meeting, the representatives shall elect
the members of the Commission by secret ballot from a list of persons to which each of those High
Contracting Parties may nominate one person.
(c) The members of the Commission shall serve in their personal capacity and shall hold
office until the election of new members at the ensuing meeting.
(d) At the election, the High Contracting Parties shall ensure that the persons to be elected to
the Commission individually possess the qualifications required and that, in the Commission as a
whole, equitable geographical representation is assured.
(e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due
regard to the provisions of the preceding sub-paragraphs.
(f) The depositary shall make available to the Commission the necessary administrative
facilities for the performance of its functions.
2. (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the
Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the
competence of the Commission to enquire into allegations by such other Party, as authorized by
this Article.
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(b) The declarations referred to above shall be deposited with the depositary, which shall
transmit copies thereof to the High Contracting Parties.
(c)
The Commission shall be competent to:
(i)
enquire into any facts alleged to be a grave breach as defined in the Conventions
and this Protocol or other serious violation of the Conventions or of this Protocol;
(ii)
facilitate, through its good offices, the restoration of an attitude of respect for the
Conventions and this Protocol.
(d) In other situations, the Commission shall institute an enquiry at the request of a Party to
the conflict only with the consent of the other Party or Parties concerned.
(e) Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of the
First Convention, Article 53 of the Second Convention, Article 132 of the Third Convention and
Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol.
3. (a) Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken by a
Chamber consisting of seven members appointed as follows:
(i)
five members of the Commission, not nationals of any Party to the conflict,
appointed by the President of the Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to the conflict;
(ii)
two ad hoc members, not nationals of any Party to the conflict, one to be appointed
by each side.
(b) Upon receipt of the request for an enquiry, the President of the Commission shall specify
an appropriate time-limit for setting up a Chamber. If any ad hoc member has not been appointed
within the time-limit, the President shall immediately appoint such additional member or members
of the Commission as may be necessary to complete the membership of the Chamber.
4. (a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties
to the conflict to assist it and to present evidence. The Chamber may also seek such other evidence
as it deems appropriate and may carry out an investigation of the situation in loco.
(b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment
on it to the Commission.
(c)
Each Party shall have the right to challenge such evidence.
5. (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate.
(b) If the Chamber is unable to secure sufficient evidence for factual and impartial findings,
the Commission shall state the reasons for that inability.
(c) The Commission shall not report its findings publicly, unless all the Parties to the conflict
have requested the Commission to do so.
6. The Commission shall establish its own rules, including rules for the presidency of the
Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the
President of the Commission are exercised at all times and that, in the case of an enquiry, they are
exercised by a person who is not a national of a Party to the conflict.
7. The administrative expenses of the Commission shall be met by contributions from the
High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an enquiry shall advance the necessary funds
for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which
the allegations are made to the extent of fifty per cent of the costs of the Chamber. Where there are
counter-allegations before the Chamber each side shall advance fifty per cent of the necessary funds.
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Article 91. Responsibility
A Party to the conflict which violates the provisions of the Conventions or of this Protocol
shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
PART VI. FINAL PROVISIONS
Article 92. Signature
This Protocol shall be open for signature by the Parties to the Conventions six months after the
signing of the Final Act and will remain open for a period of twelve months.
Article 93. Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be
deposited with the Swiss Federal Council, depositary of the Conventions,
Article 94. Accession
This Protocol shall be open for accession by any Party to the Conventions which has not signed
it. The instruments of accession shall be deposited with the depositary.
Article 95. Entry into force
1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall
enter into force six months after the deposit by such Party of its instrument of ratification or accession.
Article 96. Treaty relations upon entry into force of this Protocol
1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall
apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this
Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies
the provisions thereof.
3. The authority representing a people engaged against a High Contracting Party in an armed
conflict of the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions
and this Protocol in relation to that conflict by means of a unilateral declaration addressed to the
depositary. Such declaration shall, upon its receipt by the depositary, have in relation to that conflict
the following effects:
(a) the Conventions and this Protocol are brought into force for the said authority as a Party
to the conflict with immediate effect;
(b) the said authority assumes the same rights and obligations as those which have been
assumed by a High Contracting Party to the Conventions and this Protocol; and
(c)
the Conventions and this Protocol are equally binding upon all Parties to the conflict.
Article 97. Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation
with all the High Contracting Parties and the International Committee of the Red Cross, whether
a conference should be convened to consider the proposed amendment.
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2. The depositary shall invite to that conference all the High Contracting Parties as well as the
Parties to the Conventions, whether or not they are signatories of this Protocol.
Article 98. Revision of Annex I
1. Not later than four years after the entry into force of this Protocol and thereafter at intervals
of not less than four years, the International Committee of the Red Cross shall consult the High
Contracting Parties concerning Annex 1 to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex 1 and to propose such amendments to it as
may appear to be desirable. Unless, within six months of the communication of a proposal for such
a meeting to the High Contracting Parties, one third of them object, the International Committee
of the Red Cross shall convene the meeting, inviting also observers of appropriate international
organizations. Such a meeting shall also be convened by the International Committee of the Red
Cross at any time at the request of one third of the High Contracting Parties.
2. The depositary shall convene a conference of the High Contracting Parties and the Parties
to the Conventions to consider amendments proposed by the meeting of technical experts if, after
that meeting, the International Committee of the Red Cross or one third of the High Contracting
Parties so request.
3. Amendments to Annex 1 may be adopted at such a conference by a two-thirds majority of
the High Contracting Parties present and voting.
4. The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. The amendment shall be considered to have been accepted
at the end of a period of one year after it has been so communicated, unless within that period a
declaration of nonacceptance of the amendment has been communicated to the depositary by not
less than one third of the High Contracting Parties.
5. An amendment considered to have been accepted in accordance with paragraph 4 shall enter
into force three months after its acceptance for all High Contracting Parties other than those which
have made a declaration of nonacceptance in accordance with that paragraph. Any Party making
such a declaration may at any time withdraw it and the amendment shall then enter into force for
that Party three months thereafter.
6. The depositary shall notify the High Contracting Parties and the Parties to the Conventions
of the entry into force of any amendment, of the Parties bound thereby, of the date of its entry into
force in relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.
Article 99. Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only
take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that
year the denouncing Party is engaged in one of the situations referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case,
before operations connected with the final release, repatriation or re-establishment of the persons
protected by the Conventions or this Protocol have been terminated.
2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all
the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by
reason of the armed conflict, under this Protocol by such denouncing Party in respect of any act
committed before this denunciation becomes effective.
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Article 100. Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:
(a) signatures affixed to this Protocol and the deposit of instruments of ratification and
accession under Articles 93 and 94;
(b) the date of entry into force of this Protocol under Article 95;
(c)
communications and declarations received under Articles 84, 90 and 97;
(d) declarations received under Article 96, paragraph 3, which shall be communicated by the
quickest methods; and
(e)
denunciations under Article 99.
Article 101. Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the
Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifications,
accessions and denunciations received by it with respect to this Protocol.
Article 102. Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified
true copies thereof to all the Parties to the Conventions.
ANNEX I
REGULATIONS CONCERNING IDENTIFICATION
Article 1. General provisions
1. The regulations concerning identification in this Annex implement the relevant provisions
of the Geneva Conventions and the Protocol; they are intended to facilitate the identification of
personnel, material, units, transports and installations protected under the Geneva Conventions
and the Protocol.
2. These rules do not in and of themselves establish the right to protection. This right is governed by the relevant articles in the Conventions and the Protocol.
3. The competent authorities may, subject to the relevant provisions of the Geneva Conventions and the Protocol, at all times regulate the use, display, illumination and detectability of the
distinctive emblems and signals.
4. The High Contracting Parties and in particular the Parties to the conflict are invited at all
times to agree upon additional or other signals, means or systems which enhance the possibility of
identification and take full advantage of technological developments in this field.
Chapter I. Identity cards
Article 2. Identity card for permanent civilian medical and religious personnel
1. The identity card for permanent civilian medical and religious personnel referred to in
Article 18, paragraph 3, of the Protocol should:
a)
bear the distinctive emblem and be of such size that it can be carried in the pocket;
b)
be as durable as practicable;
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c) be worded in the national or official language and, in addition and when appropriate, in
the local language of the region concerned;
d) mention the name, the date of birth (or, if that date is not available, the age at the time of
issue) and the identity number, if any, of the holder;
e) state in what capacity the holder is entitled to the protection of the Conventions and of
the Protocol;
f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
g) bear the stamp and signature of the competent authority;
h) state the date of issue and date of expiry of the card;
i)
indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
2. The identity card shall be uniform throughout the territory of each High Contracting Party
and, as far as possible, of the same type for all Parties to the conflict. The Parties to the conflict may
be guided by the single-language model shown in Figure 1. At the outbreak of hostilities, they shall
transmit to each other a specimen of the model they are us¬ing, if such model differs from that
shown in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept
by the issuing authority, which should maintain control of the cards which it has issued.
3. In no circumstances may permanent civilian medical and religious personnel be deprived of
their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
Article 3. Identity card for temporary civilian medical and religious personnel
1. The identity card for temporary civilian medical and religious personnel should, whenever
possible, be similar to that provided for in Article 2 of these Regulations. The Parties to the conflict
may be guided by the model shown in Figure 1.
2. When circumstances preclude the provision to temporary civilian medical and religious
personnel of identity cards similar to those described in Article 2 of these Regulations, the said
personnel may be provided with a certificate signed by the competent authority certifying that the
person to whom it is issued is assigned to duty as temporary personnel and stating, if possible, the
duration of such assignment and his right to wear the distinctive emblem. The certificate should
mention the holder’s name and date of birth (or if that is not available, his age at the time when the
certificate was issued), his function and identity number, if any. It shall bear his signature or his
thumbprint, or both.
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Figure 1: Model of identity card (format: 74 mm x 105 mm)
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181
Chapter II. The distinctive emblem
Article 4. Shape
The distinctive emblem (red on a white ground) shall be as large as appropriate under the
circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting
Parties may be guided by the models shown in Figure 2.
Figure 2: Distinctive emblems in red on a white ground.
Article 5. Use
1. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or
in any other way appropriate to the lay of the land, so that it is visible from as many directions and
from as far away as possible, and in particular from the air.
2. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated.
3. The distinctive emblem may be made of materials which make it recognizable by technical
means of detection. The red part should be painted on top of black primer paint in order to facilitate
its identification, in particular by infrared instruments.
4. Medical and religious personnel carrying out their duties in the baThle area shall, as far as
possible, wear headgear and clothing bearing the distinctive emblem.
Chapter III. Distinctive signals
Article 6. Use
1. All distinctive signals specified in this Chapter may be used by medical units or transports.
2. These signals, at the exclusive disposal of medical units and transports, shall not be used for
any other purpose, the use of the light signal being reserved (see paragraph 3 below).
3. In the absence of a special agreement between the Parties to the conflict reserving the use of
flashing blue lights for the identification of medical vehicles, ships and craft, the use of such signals
for other vehicles, ships and craft is not prohibited.
4. Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorized in
this Chapter.
Article 7. Light signal
1. The light signal, consisting of a flashing blue light as defined in the Airworthiness Technical
Manual of the International Civil Aviation Organization (ICAO) Doc. 9051, is established for the
use of medical aircraft to signal their identity. No other aircraft shall use this signal. Medical aircraft
using the flashing blue light should exhibit such lights as may be necessary to make the light signal
visible from as many directions as possible.
2. In accordance with the provisions of Chapter XIV, para. 4 of the International Maritime
Organization (IMO) International Code of Signals, vessels protected by the Geneva Conventions
of 1949 and the Protocol should exhibit one or more flashing blue lights visible from any direction.
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3. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as
possible. The High Contracting Parties and, in particular, the Parties to the conflict which use lights
of other colours should give notification of this.
4. The recommended blue colour is obtained when its chromaticity is within the boundaries
of the International Commission on Illumination (ICI) chromaticity diagram defined by the following equations:
green boundary y = 0.065 + 0.805x
white boundary y = 0.400 - x
purple boundary x = 0.133 + 0.600y
The recommended flashing rate of the blue light is between sixty and one hundred flashes per
minute.
Article 8. Radio signal
1. The radio signal shall consist of the urgency signal and the distinctive signal as described in
the International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40).
2. The radio message preceded by the urgency and distinctive signals mentioned in paragraph
1 shall be transmiThed in English at appropriate intervals on a frequency or frequencies specified for
this purpose in the Radio Regulations, and shall convey the fol¬lowing data relating to the medical
transports concerned:
a)
call sign or other recognized means of identification;
b)
position;
c)
number and type of vehicles;
d)
intended route;
e)
estimated time en route and of departure and arrival, as appropriate;
f) any other information, such as flight altitude, guarded radio frequencies, languages used
and secondary surveillance radar modes and codes.
3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the
communications referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting
Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may
designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed
to the International Telecommunication Convention, and publish selected national frequencies to
be used by them for such communications. The International Telecommunication Union shall be
notified of these frequencies in accordance with procedures approved by a World Administrative
Radio Conference.
Article 9. Electronic identification
1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago
Convention on International Civil Aviation of 7 December 1944, as amended from time to time,
may be used to identify and to follow the course of medical aircraft. The SSR mode and code to
be reserved for the exclusive use of medical aircraft shall be established by the High Contracting
Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in
accordance with procedures to be recommended by the International Civil Aviation Organization.
2. Protected medical transports may, for their identification and location, use standard aeronautical radar transponders and/or maritime search and rescue radar transponders. It should be
possible for protected medical transports to be identified by other vessels or aircraft equipped with
secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode
3/A, fitted on the medical transports.
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183
The code transmitted by the medical transport transponder should be assigned to that transport by the competent authorities and notified to all the Parties to the conflict.
3. It should be possible for medical transports to be identified by submarines by the appropriate
underwater acoustic signals transmitted by the medical transports.
The underwater acoustic signal shall consist of the call sign (or any other recognized means
of identification of medical transport) of the ship preceded by the single group YYY transmitted in
morse on an appropriate acoustic frequency, e.g. 5kHz.
Parties to a conflict wishing to use the underwater acoustic identification signal described
above shall inform the Parties concerned of the signal as soon as possible, and shall, when notifying
the use of their hospital ships, confirm the frequency to be employed.
4. Parties to a conflict may, by special agreement between them, establish for their use a similar
electronic system for the identification of medical vehicles, and medical ships and craft.
Chapter IV. Communications
Article 10. Radiocommunications
1. The urgency signal and the distinctive signal provided for in Article 8 may precede appropriate radiocommunications by medical units and transports in the application of the procedures
carried out under Articles 22, 23 and 25 to 31 of the Protocol.
2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Section
III, No. 3214) of the ITU Radio Regulations may also transmit their communications by satellite
systems, in accordance with the provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations
for the Mobile-Satellite Services.
Article 11. Use of international codes
Medical units and transports may also use the codes and signals laid down by the International
Telecommunication Union, the International Civil Aviation Organization and the International
Maritime Organization. These codes and signals shall be used in accordance with the standards,
practices and procedures established by these Organizations.
Article 12. Other means of communication
When two-way radiocommunication is not possible, the signals provided for in the International Code of Signals adopted by the International Maritime Organization or in the appropriate
Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended
from time to time, may be used.
Article 13. Flight plans
The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization.
Article 14. Signals and procedures for the interception of medical aircraft
If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to
require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio
interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil
Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting
and the medical aircraft.
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X. Law of armed conflict
Chapter V. Civil defence
Article 15. Identity card
1. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of
the Protocol is governed by the relevant provisions of Article 2 of these Regulations.
2. The identity card for civil defence personnel may follow the model shown in Figure 3.
3. If civil defence personnel are permited to carry light individual weapons, an entry to that
effect should be made on the card mentioned
Geneva Conventions: Additional Protocol I
Figure 3: Model of identity card for civil defence personnel
(format: 74 mm x 105 mm)
185
186
X. Law of armed conflict
Article 16. International distinctive sign
1. The international distinctive sign of civil defence provided for in Article 66, paragraph4,
of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4:
Figure 4: Blue triangle on an orange ground
2. It is recommended that:
a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange
flag, armlet or tabard;
b) one of the angles of the triangle be pointed vertically upwards;
c) no angle of the triangle touch the edge of the orange ground.
3. The international distinctive sign shall be as large as appropriate under the circum¬stances.
The distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from
as many directions and from as far away as possible. Subject to the instructions of the competent
authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the
international distinctive sign. At night or when visibility is reduced, the sign may be lighted or
illuminated; it may also be made of ma¬terials rendering it recognizable by technical means of
detection.
Chapter VI. Works and installations containing dangerous forces
Article 17. International special sign
1. The international special sign for works and installations containing dangerous forces, as
provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles
of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below.
2. The sign shall be as large as appropriate under the circumstances. When displayed over an
extended surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat surfaces or on flags so as to be visible from as many directions and
from as far away as possible.
3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag
shall be one radius of a circle. The flag shall be rectangular and shall have a white ground.
4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be
made of materials rendering it recognizable by technical means of detection.
Fig. 5: International special sign for works and installations containing dangerous forces
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188
X. Law of armed conflict
Reverse Side
Geneva Conventions: Additional Protocol II
189
73. PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF
12 AUGUST 1949, AND RELATING TO THE PROTECTION OF
VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II)
Done at Geneva on 8 June 1977
Entry into force: 7 December 1978
United Nations, Treaty Series, vol. 1125, p. 609; Reg. No. 17513
Preamble
The High Contracting Parties,
Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of
armed conflict not of an international character,
Recalling furthermore that international instruments relating to human rights offer a basic
protection to the human person,
Emphasizing the need to ensure a better protection for the victims of those armed conflicts,
Recalling that, in cases not covered by the law in force, the human person remains under the
protection of the principles of humanity and the dictates of the public conscience,
Have agreed on the following:
PART I. SCOPE OF THIS PROTOCOL
Article 1. Material field of application
1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of applications, shall apply to
all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed
Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its
armed forces and dissident armed forces or other organized armed groups which, under responsible
command, exercise such control over a part of its territory as to enable them to carry out sustained
and concerted military operations and to implement this Protocol.
2. This Protocol shall not apply to situations of internal disturbances and tensions, such as
riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed
conflicts.
Article 2. Personal field of application
1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex,
language, religion or belief, political or other opinion, national or social origin, wealth, birth or
other status, or on any other similar criteria (hereinafter referred to as “adverse distinction”) to all
persons affected by an armed conflict as defined in Article 1.
2. At the end of the armed conflict, all the persons who have been deprived of their liberty
or whose liberty has been restricted for reasons related to such conflict, as well as those deprived
of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the
protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty.
Article 3. Non-intervention
1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a
State or the responsibility of the government, by all legitimate means, to maintain or re-establish
law and order in the State or to defend the national unity and territorial integrity of the State.
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190
2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the
High Contracting Party in the territory of which that conflict occurs.
PART II. HUMANE TREATMENT
Article 4. Fundamental guarantees
1. All persons who do not take a direct part or who have ceased to take part in hostilities,
whether or not their liberty has been restricted, are entitled to respect for their person, honour and
convictions and religious practices. They shall in all circumstances be treated humanely, without
any adverse distinction. It is prohibited to order that there shall be no survivors.
2. Without prejudice to the generality of the foregoing, the following acts against the persons
referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:
(a) violence to the life, health and physical or mental well-being of persons, in particular
murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
(b) collective punishments;
(c)
taking of hostages;
(d) acts of terrorism;
(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape,
enforced prostitution and any form of indecent assault;
(f)
slavery and the slave trade in all their forms;
(g) pillage;
(h) threats to commit any of the foregoing acts.
3. Children shall be provided with the care and aid they require, and in particular:
(a) they shall receive an education, including religious and moral education, in keeping with
the wishes of their parents, or in the absence of parents, of those responsible for their care;
(b) all appropriate steps shall be taken to facilitate the reunion of families temporarily
separated;
(c) children who have not attained the age of fifteen years shall neither be recruited in the
armed forces or groups nor allowed to take part in hostilities;
(d) the special protection provided by this Article to children who have not attained the age
of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the
provisions of sub-paragraph (c) and are captured;
(e) measures shall be taken, if necessary, and whenever possible with the consent of their
parents or persons who by law or custom are primarily responsible for their care, to remove children
temporarily from the area in which hostilities are taking place to a safer area within the country and
ensure that they are accompanied by persons responsible for their safety and well-being.
Article 5. Persons whose liberty has been restricted
1. In addition to the provisions of Article 4, the following provisions shall be respected as a
minimum with regard to persons deprived of their liberty for reasons related to the armed conflict,
whether they are interned or detained:
(a)
the wounded and the sick shall be treated in accordance with Article 7;
(b) the persons referred to in this paragraph shall, to the same extent as the local civilian
population, be provided with food and drinking water and be afforded safeguards as regards health
and hygiene and protection against the rigours of the climate and the dangers of the armed conflict;
(c)
they shall be allowed to receive individual or collective relief;
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191
(d) they shall be allowed to practise their religion and, if requested and appropriate, to
receive spiritual assistance from persons, such as chaplains, performing religious functions;
(e) they shall, if made to work, have the benefit of working conditions and safeguards similar
to those enjoyed by the local civilian population.
2. Those who are responsible for the internment or detention of the persons referred to in
paragraph 1 shall also, within the limits of their capabilities, respect the following provisions relating to such persons:
(a) except when men and women of a family are accommodated together, women shall be
held in quarters separated from those of men and shall be under the immediate supervision of
women;
(b) they shall be allowed to send and receive letters and cards, the number of which may be
limited by competent authority if it deems necessary;
(c) places of internment and detention shall not be located close to the combat zone. The
persons referred to in paragraph 1 shall be evacuated when the places where they are interned or
detained become particularly exposed to danger arising out of the armed conflict, if their evacuation
can be carried out under adequate conditions of safety;
(d) they shall have the benefit of medical examinations;
(e) their physical or mental health and integrity shall not be endangered by any unjustified
act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any
medical procedure which is not indicated by the state of health of the person concerned, and which
is not consistent with the generally accepted medical standards applied to free persons under similar
medical circumstances.
3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way
whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with
Article 4 and with paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.
4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their
safety shall be taken by those so deciding.
Article 6. Penal prosecutions
1. This Article applies to the prosecution and punishment of criminal offences related to the
armed conflict.
2. No sentence shall be passed and no penalty shall be executed on a person found guilty of an
offence except pursuant to a conviction pronounced by a court offering the essential guarantees of
independence and impartiality. In particular:
(a) the procedure shall provide for an accused to be informed without delay of the particulars
of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;
(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;
(c) no one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal offence, under the law, at the time when it was committed; nor
shall a heavier penalty be imposed than that which was applicable at the time when the criminal
offence was committed; if, after the commission of the offence, provision is made by law for the
imposition of a lighter penalty, the offender shall benefit thereby;
(d)
anyone charged with an offence is presumed innocent until proved guilty according to law;
(e)
anyone charged with an offence shall have the right to be tried in his presence;
(f)
no one shall be compelled to testify against himself or to confess guilt.
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3. A convicted person shall be advised on conviction of his judicial and other remedies and of
the time-limits within which they may be exercised.
4. The death penalty shall not be pronounced on persons who were under the age of eighteen
years at the time of the offence and shall not be carried out on pregnant women or mothers of young
children.
5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest
possible amnesty to persons who have participated in the armed conflict, or those deprived of their
liberty for reasons related to the armed conflict, whether they are interned or detained.
PART III. WOUNDED, SICK AND SHIPWRECKED
Article 7. Protection and care
1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed
conflict, shall be respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent
practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.
Article 8. Search
Whenever circumstances permit, and particularly after an engagement, all possible measures
shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect
them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead,
prevent their being despoiled, and decently dispose of them.
Article 9. Protection of medical and religious personnel
1. Medical and religious personnel shall be respected and protected and shall be granted all
available help for the performance of their duties. They shall not be compelled to carry out tasks
which are not compatible with their humanitarian mission.
2. In the performance of their duties medical personnel may not be required to give priority to
any person except on medical grounds.
Article 10. General protection of medical duties
1. Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.
2. Persons engaged in medical activities shall neither be compelled to perform acts or to carry
out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics
or other rules designed for the benefit of the wounded and sick, or this Protocol.
3. The professional obligations of persons engaged in medical activities regarding information
which they may acquire concerning the wounded and sick under their care shall, subject to national
law, be respected.
4. Subject to national law, no person engaged in medical activities may be penalized in any
way for refusing or failing to give information concerning the wounded and sick who are, or who
have been, under his care.
Article 11. Protection of medical units and transports
1. Medical units and transports shall be respected and protected at all times and shall not be
the object of attack.
2. The protection to which medical units and transports are entitled shall not cease unless
they are used to commit hostile acts, outside their humanitarian function. Protection may, however,
Geneva Conventions: Additional Protocol II
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cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit,
and after such warning has remained unheeded.
Article 12. The distinctive emblem
Under the direction of the competent authority concerned, the distinctive emblem of the red
cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious
personnel and medical units, and on medical transports. It shall be respected in all circumstances.
It shall not be used improperly.
PART IV. CIVILIAN POPULATION
Article 13. Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general protection against the
dangers arising from military operations. To give effect to this protection, the following rules shall
be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object of
attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they
take a direct part in hostilities.
Article 14. Protection of objects indispensable to the survival of the civilian population
Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack,
destroy, remove or render useless, for that purpose, objects indispensable to the survival of the
civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops,
livestock, drinking water installations and supplies and irrigation works.
Article 15. Protection of works and installations containing dangerous forces
Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces and consequent severe losses
among the civilian population.
Article 16. Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the
cultural or spiritual heritage of peoples, and to use them in support of the military effort.
Article 17. Prohibition of forced movement of civilians
1. The displacement of the civilian population shall not be ordered for reasons related to the
conflict unless the security of the civilians involved or imperative military reasons so demand.
Should such displacements have to be carried out, all possible measures shall be taken in order that
the civilian population may be received under satisfactory conditions of shelter, hygiene, health,
safety and nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons connected with the
conflict.
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Article 18. Relief societies and relief actions
1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red
Crescent, Red Lion and Sun) organizations, may offer their services for the performance of their
traditional functions in relation to the victims of the armed conflict. The civilian population may,
even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.
2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential
for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population
which are of an exclusively humanitarian and impartial nature and which are conducted without
any adverse distinction shall be undertaken subject to the consent of the High Contracting Party
concerned.
PART V. FINAL PROVISIONS
Article 19. Dissemination
This Protocol shall be disseminated as widely as possible.
Article 20. Signature
This Protocol shall be open for signature by the Parties to the Conventions six months after the
signing of the Final Act and will remain open for a period of twelve months.
Article 21. Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be
deposited with the Swiss Federal Council, depositary of the Conventions.
Article 22. Accession
This Protocol shall be open for accession by any Party to the Conventions which has not signed
it. The instruments of accession shall be deposited with the depositary.
Article 23. Entry into force
1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall
enter into force six months after the deposit by such Party of its instrument of ratification or accession.
Article 24. Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary which shall decide, after consultation
with all the High Contracting Parties and the International Committee of the Red Cross, whether
a conference should be convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as well as the
Parties to the Conventions, whether or not they are signatories of this Protocol.
Article 25. Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only
take effect six months after receipt of the instrument of denunciation. If, however, on the expiry of
six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict. Persons who have been deprived of
liberty, or whose liberty has been restricted, for reasons related to the conflict shall nevertheless
continue to benefit from the provisions of this Protocol until their final release.
Geneva Conventions: Additional Protocol III
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2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all
the High Contracting Parties.
Article 26. Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:
(a) signatures affixed to this Protocol and the deposit of instruments of ratification and
accession under Articles 21 and 22;
(b) the date of entry into force of this Protocol under Article 23; and
(c) communications and declarations received under Article 24.
Article 27. Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the
Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and
accessions received by it with respect to this Protocol.
Article 28. Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified
true copies thereof to all the Parties to the Conventions.
74. PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF
12 AUGUST 1949, AND RELATING TO THE ADOPTION OF
AN ADDITIONAL DISTINCTIVE EMBLEM (PROTOCOL III)
Done at Geneva on 8 December 2005
Entry into force: 14 January 2007
United Nations, Treaty Series, vol. 2404, p. 261; Reg. No. 43425
Preamble
The High Contracting Parties,
(PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular
Articles 26, 38, 42 and 44 of the First Geneva Convention) and, where applicable, their Additional
Protocols of 8 June 1977 (in particular Articles 18 and 38 of Additional Protocol I and Article 12
of Additional Protocol II), concerning the use of distinctive emblems,
(PP2) Desiring to supplement the aforementioned provisions so as to enhance their protective
value and universal character,
(PP3) Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to use the emblems they are using in conformity with their obligations under
the Geneva Conventions and, where applicable, the Protocols additional thereto,
(PP4) Recalling that the obligation to respect persons and objects protected by the Geneva
Conventions and the Protocols additional thereto derives from their protected status under international law and is not dependent on use of the distinctive emblems, signs or signals,
X. Law of armed conflict
196
(PP5) Stressing that the distinctive emblems are not intended to have any religious, ethnic,
racial, regional or political significance,
(PP6) Emphasizing the importance of ensuring full respect for the obligations relating to the
distinctive emblems recognized in the Geneva Conventions, and, where applicable, the Protocols
additional thereto,
(PP7) Recalling that Article 44 of the First Geneva Convention makes the distinction between
the protective use and the indicative use of the distinctive emblems,
(PP8) Recalling further that National Societies undertaking activities on the territory of another State must ensure that the emblems they intend to use within the framework of such activities
may be used in the country where the activity takes place and in the country or countries of transit,
(PP9) Recognizing the difficulties that certain States and National Societies may have with
the use of the existing distinctive emblems,
(PP10) Noting the determination of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the International Red Cross and
Red Crescent Movement to retain their current names and emblems,
Have agreed on the following:
Article 1. Respect for and scope of application of this Protocol
1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol
in all circumstances.
2. This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of
12 August 1949 (“the Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional Protocols”) relating to the distinctive emblems, namely the
red cross, the red crescent and the red lion and sun, and shall apply in the same situations as those
referred to in these provisions.
Article 2. Distinctive emblems
1. This Protocol recognizes an additional distinctive emblem in addition to, and for the same
purposes as, the distinctive emblems of the Geneva Conventions. The distinctive emblems shall
enjoy equal status.
2. This additional distinctive emblem, composed of a red frame in the shape of a square on edge
on a white ground, shall conform to the illustration in the Annex to this Protocol. This distinctive
emblem is referred to in this Protocol as the “third Protocol emblem”.
3. The conditions for use of and respect for the third Protocol emblem are identical to those
for the distinctive emblems established by the Geneva Conventions and, where applicable, the 1977
Additional Protocols.
4. The medical services and religious personnel of armed forces of High Contracting Parties
may, without prejudice to their current emblems, make temporary use of any distinctive emblem
referred to in paragraph 1 of this Article where this may enhance protection.
Article 3. Indicative use of the third Protocol emblem
1. National Societies of those High Contracting Parties which decide to use the third Protocol
emblem may, in using the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:
(a) a distinctive emblem recognized by the Geneva Conventions or a combination of these
emblems; or
(b) another emblem which has been in effective use by a High Contracting Party and was the
subject of a communication to the other High Contracting Parties and the International Committee
of the Red Cross through the depositary prior to the adoption of this Protocol.
Geneva Conventions: Additional Protocol III
197
Incorporation shall conform to the illustration in the Annex to this Protocol.
2. A National Society which chooses to incorporate within the third Protocol emblem another
emblem in accordance with paragraph 1 above, may, in conformity with national legislation, use the
designation of that emblem and display it within its national territory.
3. National Societies may, in accordance with national legislation and in exceptional circumstances and to facilitate their work, make temporary use of the distinctive emblem referred to in
Article 2 of this Protocol.
4. This Article does not affect the legal status of the distinctive emblems recognized in the
Geneva Conventions and in this Protocol, nor does it affect the legal status of any particular emblem
when incorporated for indicative purposes in accordance with paragraph 1 of this Article.
Article 4. International Committee of the Red Cross and
International Federation of Red Cross and Red Crescent Societies
The International Committee of the Red Cross and the International Federation of Red Cross
and Red Crescent Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their work, the distinctive emblem referred to in Article 2 of this Protocol.
Article 5. Missions under United Nations auspices
The medical services and religious personnel participating in operations under the auspices
of the United Nations may, with the agreement of participating States, use one of the distinctive
emblems mentioned in Articles 1 and 2.
Article 6. Prevention and repression of misuse
1. The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing prevention and repression of misuse of the distinctive emblems shall apply equally
to the third Protocol emblem. In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems
mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of
any sign or designation constituting an imitation thereof.
2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of
the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use,
provided that the said use shall not be such as would appear, in time of armed conflict, to confer the
protection of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, and
provided that the rights to such use were acquired before the adoption of this Protocol.
Article 7. Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to
disseminate this Protocol as widely as possible in their respective countries and, in particular, to
include the study thereof in their programmes of military instruction and to encourage the study
thereof by the civilian population, so that this instrument may become known to the armed forces
and to the civilian population.
Article 8. Signature
This Protocol shall be open for signature by the Parties to the Geneva Conventions on the day
of its adoption and will remain open for a period of twelve months.
Article 9. Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be
deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the 1977
Additional Protocols.
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X. Law of armed conflict
Article 10. Accession
This Protocol shall be open for accession by any Party to the Geneva Conventions which has
not signed it. The instruments of accession shall be deposited with the depositary.
Article 11. Entry into force
1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.
2. For each Party to the Geneva Conventions thereafter ratifying or acceding to this Protocol,
it shall enter into force six months after the deposit by such Party of its instrument of ratification
or accession.
Article 12. Treaty relations upon entry into force of this Protocol
1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this
Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies
the provisions thereof.
Article 13. Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of any
proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the
International Federation of Red Cross and Red Crescent Societies, whether a conference should be
convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as well as the
Parties to the Geneva Conventions, whether or not they are signatories of this Protocol.
Article 14. Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only
take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that
year the denouncing Party is engaged in a situation of armed conflict or occupation, the denunciation shall not take effect before the end of the armed conflict or occupation.
2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all
the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by
reason of the armed conflict or occupation, under this Protocol by such denouncing Party in respect
of any act committed before this denunciation becomes effective.
Article 15. Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Geneva
Conventions, whether or not they are signatories of this Protocol, of:
(a) signatures affixed to this Protocol and the deposit of instruments of ratification and
accession under Articles 8, 9 and 10;
(b) the date of entry into force of this Protocol under Article 11 within ten days of said entry
into force;
(c) communications received under Article 13;
(d) denunciations under Article 14.
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199
Article 16. Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the
Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifications,
accessions and denunciations received by it with respect to this Protocol.
Article 17. Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified
true copies thereof to all the Parties to the Geneva Conventions.
ANNEX
Third Protocol Emblem
(Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)
Article 1 — Distinctive emblem
200
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75. CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE
EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS
Done at Geneva on 10 October 1980
Entry into force: 2 December 1983
United Nations, Treaty Series, vol. 1342, p. 137; Reg. No. 22495
The High Contracting Parties,
Recalling that every State has the duty, in conformity with the Charter of the United Nations,
to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with
the purposes of the United Nations,
Further recalling the general principle of the protection of the civilian population against the
effects of hostilities,
Basing themselves on the principle of international law that the right of the parties to an armed
conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits
the employment in armed conflicts of weapons, projectiles and material and methods of warfare of
a nature to cause superfluous injury or unnecessary suffering,.
Also recalling that it is prohibited to employ methods or means of warfare which are intended,
or may be expected, to cause widespread, long-term and severe damage to the natural environment,
Confirming their determination that in cases not covered by this Convention and its annexed
Protocols or by other international agreements, the civilian population and the combatants shall at all
times remain under the protection and authority of the principles of international law derived from
established custom, from the principles of humanity and from the dictates of public conscience,
Desiring to contribute to international détente, the ending of the arms race and the building of
confidence among States, and hence to the realization of the aspiration of all peoples to live in peace,
Recognizing the importance of pursuing every effort which may contribute to progress
towards general and complete disarmament under strict and effective international control,
Reaffirming the need to continue the codification and progressive development of the rules of
international law applicable in armed conflict,
Wishing to prohibit or restrict further the use of certain conventional weapons and believing
that the positive results achieved in this area may facilitate the main talks on disarmament with a
view to putting an end to the production, stockpiling and proliferation of such weapons,
Emphasizing the desirability that all States become parties to this Convention and its annexed
Protocols, especially the militarily significant States,
Bearing in mind that the General Assembly of the United Nations and the United Nations
Disarmament Commission may decide to examine the question of a possible broadening of the
scope of the prohibitions and restrictions contained in this Convention and its annexed Protocols,
Further bearing in mind that the Committee on Disarmament may decide to consider the question of adopting further measures to prohibit or restrict the use of certain conventional weapons,
Have agreed as follows:
Article 1. Scope of application
This Convention and its annexed Protocols shall apply in the situations referred to in Article 2
common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including
any situation described in paragraph 4 of Article 1 of Additional Protocol I to these Conventions.
Prohibitions on the use of certain conventional weapons
201
Article 2. Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be interpreted as detracting from
other obligations imposed upon the High Contracting Parties by international humanitarian law
applicable in armed conflict.
Article 3. Signature
This Convention shall be open for signature by all States at United Nations Headquarters in
New York for a period of twelve months from 10 April 1981.
Article 4. Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by the Signatories. Any
State which has not signed this Convention may accede to it.
2. The instruments of ratification, acceptance, approval or accession shall be deposited with
the Depositary.
3. Expressions of consent to be bound by any of the Protocols annexed to this Convention
shall be optional for each State, provided that at the time of the deposit of its instrument of ratification, acceptance or approval of this Convention or of accession thereto, that State shall notify the
Depositary of its consent to be bound by any two or more of these Protocols.
4. At any time after the deposit of its instrument of ratification, acceptance or approval of this
Convention or of accession thereto, a State may notify the Depositary of its consent to be bound by
any annexed Protocol by which it is not already bound.
5. Any Protocol by which a High Contracting Party is bound shall for that Party form an
integral part of this Convention.
Article 5. Entry into force
1. This Convention shall enter into force six months after the date of deposit of the twentieth
instrument of ratification, acceptance, approval or accession.
2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the twentieth instrument of ratification, acceptance, approval or
accession, this Convention shall enter into force six months after the date on which that State has
deposited its instrument of ratification, acceptance, approval or accession.
3. Each of the Protocols annexed to this Convention shall enter into force six months after the
date by which twenty States have notified their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4 of this Convention.
4. For any State which notifies its consent to be bound by a Protocol annexed to this Convention after the date by which twenty States have notified their consent to be bound by it, the Protocol
shall enter into force six months after the date on which that State has notified its consent so to be
bound.
Article 6. Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Convention and those of its annexed Protocols by which they are bound as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes
of military instruction, so that those instruments may become known to their armed forces.
Article 7. Treaty relations upon entry into force of this Convention
1. When one of the parties to a conflict is not bound by an annexed Protocol, the parties bound
by this Convention and that annexed Protocol shall remain bound by them in their mutual relations.
2. Any High Contracting Party shall be bound by this Convention and any Protocol annexed
thereto which is in force for it, in any situation contemplated by Article 1, in relation to any State
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202
which is not a party to this Convention or bound by the relevant annexed Protocol, if the latter
accepts and applies this Convention or the relevant Protocol, and so notifies the Depositary.
3. The Depositary shall immediately inform the High Contracting Parties concerned of any
notification received under paragraph 2 of this Article.
4. This Convention, and the annexed Protocols by which a High Contracting Party is bound,
shall apply with respect to an armed conflict against that High Contracting Party of the type referred
to in Article 1, paragraph 4, of Additional Protocol I to the Geneva Convention of 12 August 1949
for the Protection of War Victims:
(a) Where the High Contracting Party is also a party to Additional Protocol I and an authority referred to in Article 96, paragraph 3, of that Protocol has undertaken to apply the Geneva Conventions and Additional Protocol I in accordance with Article 96, paragraph 3, of the said Protocol,
and undertakes to apply this Convention and the relevant annexed Protocols in relation to that
conflict; or
(b) Where the High Contracting Party is not a party to Additional Protocol I and an authority of the type referred to in subparagraph (a) above accepts and applies the obligations of the Geneva
Conventions and of this Convention and the relevant annexed Protocols in relation to that conflict.
Such an acceptance and application shall have in relation to that conflict the following effects:
(i)
The Geneva Conventions and this Convention and its relevant annexed Protocols
are brought into force for the parties to the conflict with immediate eflect;
(ii)
The said authority assumes the same rights and obligations as those which have
been assumed by a High Contracting Party to the Geneva Conventions, this Convention and its relevant annexed Protocols; and
(iii)
The Geneva Conventions, this Convention and its relevant annexed Protocols are
equally binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree to accept and apply the obligations of Additional Protocol I to the Geneva Conventions on a reciprocal basis.
Article 8. Review and amendments
1. (a) At any time after the entry into force of this Convention any High Contracting Party
may propose amendments to this Convention or any annexed Protocol by which it is bound. Any
proposal for an amendment shall be communicated to the Depositary, who shall notify it to all the
High Contracting Parties and shall seek their views on whether a conference should be convened
to consider the proposal. If a majority, that shall not be less than eighteen of the High Contracting
Parties so agree, he shall promptly convene a conference to which all High Contracting Parties
shall be invited. States not parties to this Convention shall be invited to the conference as observers.
(b) Such a conference may agree upon amendments which shall be adopted and shall enter
into force in the same manner as this Convention and the annexed Protocols, provided that amendments to this Convention may be adopted only by the High Contracting Parties and that amendments to a specific annexed Protocol may be adopted only by the High Contracting Parties which
are bound by that Protocol.
2. (a) At any time after the entry into force of this Convention any High Contracting Party
may propose additional protocols relating to other categories of conventional weapons not covered
by the existing annexed protocols. Any such proposal for an additional protocol shall be communicated to the Depositary, who shall notify it to all the High Contracting Parties in accordance
with subparagraph 1 (a) of this Article. If a majority, that shall not be less than eighteen of the High
Contracting Parties so agree, the Depositary shall promptly convene a conference to which all States
shall be invited.
(b) Such a conference may agree, with the full participation of all States represented at the
conference, upon additional protocols which shall be adopted in the same manner as this Conven-
Prohibitions on the use of certain conventional weapons
203
tion, shall be annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of Article
5 of this Convention.
3. (a) If, after a period of ten years following the entry into force of this Convention, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article, any High
Contracting Party may request the Depositary to convene a conference to which all High Contracting Parties shall be invited to review the scope and operation of this Convention and the Protocols
annexed thereto and to consider any proposal for amendments of this Convention or of the existing
Protocols. States not parties to this Convention shall be invited as observers to the conference. The
conference may agree upon amendments which shall be adopted and enter into force in accordance
with subparagraph 1 (b) above.
(b) At such conference consideration may also be given to any proposal for additional protocols relating to other categories of conventional weapons not covered by the existing annexed
Protocols. All States represented at the conference may participate fully in such consideration. Any
additional protocols shall be adopted in the same manner as this Convention, shall be annexed
thereto and shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.
(c) Such a conference may consider whether provision should be made for the convening of
a further conference at the request of any High Contracting Party if, after a similar period to that
referred to in subparagraph 3 (a) of this Article, no conference has been convened in accordance
with subparagraph 1 (a) or 2 (a) of this Article.
Article 9. Denunciation
1. Any High Contracting Party may denounce this Convention or any of its annexed Protocols
by so notifying the Depositary.
2. Any such denunciation shall only take effect one year after receipt by the Depositary of the
notification of denunciation. If, however, on the expiry of that year the denouncing High Contracting Party is engaged in one of the situations referred to in Article 1, the Party shall continue to be
bound by the obligations of this Convention and of the relevant annexed Protocols until the end of
the armed conflict or occupation and, in any case, until the termination of operations connected
with the final release, repatriation or re-establishment of the persons protected by the rules of international law applicable in armed conflict, and in the case of any annexed Protocol containing provisions concerning situations in which peace-keeping, observation or similar functions are performed
by United Nations forces or missions in the area concerned, until the termination of those functions.
3. Any denunciation of this Convention shall be considered as also applying to all annexed
Protocols by which the denouncing High Contracting Party is bound.
4. Any denunciation shall have effect only in respect of the denouncing High Contracting Party.
5. Any denunciation shall not affect the obligations already incurred, by reason of an armed
conflict, under this Convention and its annexed Protocols by such denouncing High Contracting
Party in respect of any act committed before this denunciation becomes effective.
Article 10. Depositary
1. The Secretary-General of the United Nations shall be the Depositary of this Convention and
of its annexed Protocols.
2. In addition to his usual functions, the Depositary shall inform all States of:
(a) Signatures affixed to this Convention under Article 3;
(b) Deposits of instruments of ratification, acceptance or approval of or accession to this
Convention deposited under Article 4;
(c) Notifications of consent to be bound by annexed Protocols under Article 4;
(d) The dates of entry into force of this Convention and of each of its annexed Protocols under
Article 5; and
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(e)
Notifications of denunciation received under Article 9 and their effective date.
Article 11. Authentic texts
The original of this Convention with the annexed Protocols, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary, who shall transmit certified true copies thereof to all States.
75.(a) PROTOCOL ON NON-DETECTABLE FRAGMENTS
(PROTOCOL I)
Done at Geneva on 10 October 1980
Entry into force: 2 December 1983
United Nations, Treaty Series, vol. 1342, p. 137; Reg. No. 22495
It is prohibited to use any weapon the primary effect of which is to injure by fragments which
in the human body escape detection by X-rays.
75.(b) PROTOCOL ON PROHIBITIONS OR RESTRICTIONS
ON THE USE OF MINES, BOOBY-TRAPS AND
OTHER DEVICES (PROTOCOL II)
Done at Geneva on 10 October 1980
Entry into force: 2 December 1983
United Nations, Treaty Series, vol. 1342, p. 137; Reg. No. 22495
Article 1. Material scope of application
This Protocol relates to the use on land of the mines, booby-traps and other devices defined
herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not
apply to the use of anti-ship mines at sea or in inland waterways.
Article 2. Definitions
For the purpose of this Protocol;
1. “Mine” means any munition placed under, on or near the ground or other surface area and
designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle,
and “remotely delivered mine” means any mine so defined delivered by artillery, rocket, mortar or
similar means or dropped from an aircraft.
2. “Booby-trap” means any device or material which is designed, constructed or adapted to kill
or injure and which functions unexpectedly when a person disturbs or approaches an apparently
harmless object or performs an apparently safe act.
3. “Other devices” means manually-emplaced munitions and devices designed to kill, injure or
damage and which are actuated by remote control or automatically after a lapse of time.
Prohibitions on the use of mines (Protocol II)
205
4. “Military objective” means, so far as objects are concerned, any object which by its nature,
location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite
military advantage.
5. “Civilian objects” are all objects which are not military objectives as defined in paragraph 4.
6. “Recording” means a physical, administrative and technical operation designed to obtain,
for the purpose of registration in the official records, all available information facilitating the location of minefields, mines and booby-traps.
Article 3. General restrictions on the use of mines, booby-traps and other devices
1. This Article applies to:
(a) Mines;
(b) Booby-traps; and
(c) Other devices.
2. It is prohibited in all circumstances to direct weapons to which this Article applies, either in
offence, defence or by way of reprisals, against the civilian population as such or against individual
civilians.
3. The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate
use is any placement of such weapons:
(a) Which is not on, or directed against, a military objective; or
(b) Which employs a method or means of delivery which cannot be directed at a specific
military objective; or
(c) Which may be expected to cause incidental loss of civilian life, injury to civilians, damage
to civilian objects, or a combination thereof, which would be excessive in relation to the concrete
and direct military advantage anticipated.
4. All feasible precautions shall be taken to protect civilians from the effects of weapons to
which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian
and military considerations.
Article 4. Restrictions on the use of mines other than remotely delivered mines,
booby-traps and other devices in populated areas
1. This Article applies to:
(a) Mines other than remotely delivered mines;
(b) Booby-traps; and
(c) Other devices.
2. It is prohibited to use weapons to which this Article applies in any city, town, village or other
area containing a similar concentration of civilians in which combat between ground forces is not
taking place or does not appear to be imminent, unless either:
(a) They are placed on or in the close vicinity of a military objective belonging to or under
the control of an adverse party; or
(b) Measures are taken to protect civilians from their effects, for example, the posting of
warning signs, the posting of sentries, the issue of warnings or the provision of fences.
Article 5. Restrictions on the use of remotely delivered mines
1. The use of remotely delivered mines is prohibited unless such mines are only used within an
area which is itself a military objective or which contains military objectives, and unless:
X. Law of armed conflict
206
(a)
Their location can be accurately recorded in accordance with Article 7(1) (a); or
(b) An effective neutralizing mechanism is used on each such mine, that is to say, a selfactuating mechanism which is designed to render a mine harmless or cause it to destroy itself when
it is anticipated that the mine will no longer serve the military purpose for which it was placed in
position, or a remotely-controlled mechanism which is designed to render harmless or destroy a
mine when the mine no longer serves the military purpose for which it was placed in position.
2. Effective advance warning shall be given of any delivery or dropping of remotely delivered
mines which may affect the civilian population, unless circumstances do not permit.
Article 6. Prohibition on the use of certain booby-traps
1. Without prejudice to the rules of international law applicable in armed conflict relating to
treachery and perfidy, it is prohibited in all circumstances to use;
(a) Any booby-trap in the form of an apparently harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed
or approached, or
(b)
Booby-traps which are in any way attached to or associated with:
(i)
Internationally recognized protective emblems, signs or signals;
(ii)
Sick, wounded or dead persons;
(iii)
Burial or cremation sites or graves;
(iv)
Medical facilities, medical equipment, medical supplies or medical transportations;
(v)
Children’s toys or other portable objects or products specially designed for the
feeding, health, hygiene, clothing or education of children;
(vi)
Food or drink;
(vii)
Kitchen utensils or appliances except in military establishments, military locations
or military supply depots;
(viii)
Objects clearly of a religious nature;
(ix)
Historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;
(x)
Animals or their carcasses.
2. It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or unnecessary suffering.
Article 7. Recording and publication of the location of minefields,
mines and booby-traps
1. The parties to a conflict shall record the location of;
(a)
All pre-planned minefields laid by them; and
(b) All areas in which they have made large-scale and pre-planned use of booby-traps.
2. The parties shall endeavour to ensure the recording of the location of all other minefields,
mines and booby-traps which they have laid or placed in position.
3. All such records shall be retained by the parties who shall:
(a)
Immediately after the cessation of active hostilities:
(i)
Take all necessary and appropriate measures, including the use of such records, to
protect civilians from the effects of minefields, mines and booby-traps; and either
(ii)
In cases where the forces of neither party are in the territory of the adverse party,
make available to each other and to the Secretary-General of the United Nations
Prohibitions on the use of mines (Protocol II)
207
all information in their possession concerning the location of minefields, mines
and booby-traps in the territory of the adverse party; or
(iii) Once complete withdrawal of the forces of the parties from the territory of the
adverse party has taken place, make available to the adverse party and to the Secretary-General of the United Nations all information in their possession concerning
the location of minefields, mines and booby-traps in the territory of the adverse
party;
(b) When a United Nations force or mission performs functions in any area, make available
to the authority mentioned in Article 8 such information as is required by that Article;
(c) Whenever possible, by mutual agreement, provide for the release of information concerning the location of minefields, mines and booby-traps, particularly in agreements governing the
cessation of hostilities.
Article 8. Protection of United Nations forces and missions from
the effects of minefields, mines and booby-traps
1. When a United Nations force or mission performs functions of peace-keeping, observation
or similar functions in any area, each party to the conflict shall, if requested by the head of the
United Nations force or mission in that area, as far as it is able:
(a) Remove or render harmless all mines or booby-traps in that area;
(b) Take such measures as may be necessary to protect the force or mission from the effects
of minefields, mines and booby-traps while carrying out its duties; and
(c) Make available to the head of the United Nations force or mission in that area, all information in the party’s possession concerning the location of minefields, mines and booby-traps in
that area.
2. When a United Nations fact-finding mission performs functions in any area, any party to
the conflict concerned shall provide protection to that mission except where, because of the size of
such mission, it cannot adequately provide such protection. In that case it shall make available to the
head of the mission the information in its possession concerning the location of minefields, mines
and booby-traps in that area.
Article 9. International co-operation in the removal of minefields, mines and booby-traps
After the cessation of active hostilities, the parties shall endeavour to reach agreement, both
among themselves and, where appropriate, with other States and with international organizations,
on the provision of information and technical and material assistance — including, in appropriate
circumstances, joint operations — necessary to remove or otherwise render ineffective minefields,
mines and booby-traps placed in position during the conflict.
Technical Annex to the Protocol on Prohibitions or Restrictions
ON THE Use of Mines, Booby-traps and Other Devices (Protocol II)
Guidelines on Recording
Whenever an obligation for the recording of the location of minefields, mines and booby-traps
arises under the Protocol, the following guidelines shall be taken into account.
1. With regard to pre-planned minefields and large-scale and pre-planned use of booby-traps:
(a) Maps, diagrams or other records should be made in such a way as to indicate the extent
of the minefield or booby-trapped area; and
(b) The location of the minefield or booby-trapped area should be specified by relation to the
co-ordinates of a single reference point and by the estimated dimensions of the area containing
mines and booby-traps in relation to that single reference point.
2. With regard to other minefields, mines and booby-traps laid or placed in position:
X. Law of armed conflict
208
In so far as possible, the relevant information specified in paragraph 1 above should be recorded so as to enable the areas containing minefields, mines and booby-traps to be identified.
75.(c) PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON
THE USE OF INCENDIARY WEAPONS (PROTOCOL III)
Done at Geneva on 10 October 1980
Entry into force: 2 December 1983
United Nations, Treaty Series, vol. 1342, p. 137; Reg. No. 22495
Article 1. Definitions
For the purpose of this Protocol:
1. “Incendiary weapon” means any weapon or munition which is primarily designed to set fire
to objects or to cause burn injury to persons through the action of flame, heat, or a combination
thereof, produced by a chemical reaction of a substance delivered on the target.
(a) Incendiary weapons can take the form of, for example, flame throwers, fougasses, shells,
rockets, grenades, mines, bombs and other containers of incendiary substances.
(b) Incendiary weapons do not include:
(i) Munitions which may have incidental incendiary efffects, such as illuminants,
tracers, smoke or signalling systems;
(ii) Munitions designed to combine penetration, blast or fragmentation effects with
an additional incendiary effect, such as armour-piercing projectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which the
incendiary effect is not specifically designed to cause burn injury to persons, but to
be used against military objectives, such as armoured vehicles, aircraft and installations or facilities.
2. “Concentration of civilians” means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as in camps or columns
of refugees or evacuees, or groups of nomads.
3. “Military objective” means, so far as objects are concerned, any object which by its nature,
location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite
military advantage.
4. “Civilian objects” are all objects which are not military objectives as defined in paragraph 3.
5. “Feasible precautions” are those precautions which are practicable or practically possible taking
into account all circumstances ruling at the time, including humanitarian and military considerations.
Article 2. Protection of civilians and civilian objects
1. It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.
2. It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.
3. It is further prohibited to make any military objective located within a concentration of
civilians the object of attack by means of incendiary weapons other than air-delivered incendiary
weapons, except when such military objective is clearly separated from the concentration of civilians
and all feasible precautions are taken with a view to limiting the incendiary effects to the military
Blinding laser weapons (Protocol IV)
209
objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to
civilians and damage to civilian objects.
4. It is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.
75.(d) ADDITIONAL PROTOCOL TO THE CONVENTION ON PROHIBITIONS
OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS
WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR
TO HAVE INDISCRIMINATE EFFECTS (protocol IV)
Done at Vienna on 13 October 1995
Entry into force: 30 July 1998
United Nations, Treaty Series, vol. 2024, p. 163; Reg. No. 22495
Article 1
Additional Protocol
The following protocol shall be annexed to the Convention on Prohibitions or Restrictions on
the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to
Have Indiscriminate Effects (“the Convention”) as Protocol IV:
“PROTOCOL ON Blinding Laser Weapons
(Protocol IV)
Article 1
It is prohibited to employ laser weapons specifically designed, as their sole combat function
or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to
the naked eye or to the eye with corrective eyesight devices. The High Contracting Parties shall not
transfer such weapons to any State or non-State entity.
Article 2
In the employment of laser systems, the High Contracting Parties shall take all feasible precautions to avoid the incidence of permanent blindness to unenhanced vision. Such precautions shall
include training of their armed forces and other practical measures.
Article 3
Blinding as an incidental or collateral effect of the legitimate military employment of laser
systems, including laser systems used against optical equipment, is not covered by the prohibition
of this Protocol.
Article 4
For the purpose of this Protocol “permanent blindness” means irreversible and uncorrectable
loss of vision which is seriously disabling with no prospect of recovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellen measured using both eyes.”
209
X. Law of armed conflict
210
Article 2
Entry into Force
This Protocol shall enter into force as provided in paragraphs 3 and 4 of Article 5 of the
Convention.
75.(e) PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF
MINES, BOOBY-TRAPS AND OTHER DEVICES AS AMENDED ON 3 MAY 1996
(PROTOCOL II AS AMENDED ON 3 MAY 1996) ANNEXED TO THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN
CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY
INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS
Done at Geneva on 3 May 1996
Entry into force: 3 December 1998
United Nations, Treaty Series, vol. 2048, p. 93; Reg. No. 22495
Article 1. Amended Protocol
The Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and Other
Devices (Protocol II), annexed to the Convention on Prohibitions or Restrictions on the Use of
Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects (“the Convention”) is hereby amended. The text of the Protocol as amended
will read as follows:
“Protocol on Prohibitions or Restrictions on the Use of Mines,
Booby-traps and Other Devices as Amended on 3 May 1996
(Protocol II as amended on 3 May 1996)
Article I. Scope of application
1. This Protocol relates to the use on land of the mines, booby-traps and other devices, defined
herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not
apply to the use of anti-ship mines at sea or in inland waterways.
2. This Protocol shall apply, in addition to situations referred to in Article 1 of this Convention,
to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This
Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated
and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
3. In case of armed conflicts not of an international character occurring in the territory of one
of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions
and restrictions of this Protocol.
4. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a
State or the responsibility of the Government, by all legitimate means, to maintain or re-establish
law and order in the State or to defend the national unity and territorial integrity of the State.
5. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High
Contracting Party in the territory of which that conflict occurs.
Protocol on prohibitions on the use of mines (Protocol II, as amended)
211
6. The application of the provisions of this Protocol to parties to a conflict, which are not High
Contracting Parties that have accepted this Protocol, shall not change their legal status or the legal
status of a disputed territory, either explicitly or implicitly.
Article 2. Definitions
For the purpose of this Protocol:
1. “Mine” means a munition placed under, on or near the ground or other surface area and
designed to be exploded by the presence, proximity or contact of a person or vehicle.
2. “Remotely-delivered mine” means a mine not directly emplaced but delivered by artillery,
missile, rocket, mortar, or similar means, or dropped from an aircraft. Mines delivered from a landbased system from less than 500 metres are not considered to be “remotely delivered”, provided that
they are used in accordance with Article 5 and other relevant Articles of this Protocol.
3. “Anti-personnel mine” means a mine primarily designed to be exploded by the presence,
proximity or contact of a person and that will incapacitate, injure or kill one or more persons.
4. “Booby-trap” means any device or material which is designed, constructed, or adapted to
kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.
5. “Other devices” means manually-emplaced munitions and devices including improvised
explosive devices designed to kill, injure or damage and which are actuated manually, by remote
control or automatically after a lapse of time.
6. “Military objective” means, so far as objects are concerned, any object which by its nature,
location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite
military advantage.
7. “Civilian objects” are all objects which are not military objectives as defined in paragraph
6 of this Article.
8. “Minefield” is a defined area in which mines have been emplaced and “mined area” is an area
which is dangerous due to the presence of mines. “Phoney minefield” means an area free of mines
that simulates a minefield. The term “minefield” includes phoney mine fields.
9. “Recording” means a physical, administrative and technical operation designed to obtain,
for the purpose of registration in official records, all available information facilitating the location
of minefields, mined areas, mines, booby-traps and other devices.
10. “Self-destruction mechanism” means an incorporated or externally attached automatically-functioning mechanism which secures the destruction of the munition into which it is incorporated or to which it is attached.
11. “Self-neutralization mechanism” means an incorporated automatically-functioning mechanism which renders inoperable the munition into which it is incorporated.
12. “Self-deactivating” means automatically rendering a munition inoperable by means of the
irreversible exhaustion of a component, for example, a battery, that is essential to the operation of
the munition.
13. “Remote control” means control by commands from a distance.
14. “Anti-handling device” means a device intended to protect a mine and which is part of,
linked to, attached to or placed under the mine and which activates when an attempt is made to
tamper with the mine.
15. “Transfer” involves, in addition to the physical movement of mines into or from national
territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced mines.
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X. Law of armed conflict
Article 3. General restrictions on the use of mines, booby-traps and other devices
1. This Article applies to:
(a) Mines;
(b) Booby-traps; and
(c) Other devices.
2. Each High Contracting Party or party to a conflict is, in accordance with the provisions of
this Protocol, responsible for all mines, booby-traps, and other devices employed by it and undertakes to clear, remove, destroy or maintain them as specified in Article 10 of this Protocol.
3. It is prohibited in all circumstances to use any mine, booby-trap or other device which is
designed or of a nature to cause superfluous injury or unnecessary suffering.
4. Weapons to which this Article applies shall strictly comply with the standards and limitations specified in the Technical Annex with respect to each particular category.
5. It is prohibited to use mines, booby-traps or other devices which employ a mechanism or
device specifically designed to detonate the munition by the presence of commonly available mine
detectors as a result of their magnetic or other non-contact influence during normal use in detection operations.
6. It is prohibited to use a self-deactivating mine equipped with an anti-handling device that
is designed in such a manner that the anti-handling device is capable of functioning after the mine
has ceased to be capable of functioning.
7. It is prohibited in all circumstances to direct weapons to which this Article applies, either in
offence, defence or by way of reprisals, against the civilian population as such or against individual
civilians or civilian objects.
8. The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate
use is any placement of such weapons:
(a) Which is not on, or directed against, a military objective. In case of doubt as to whether
an object which is normally dedicated to civilian purposes, such as a place of worship, a house or
other dwelling or a school, is being used to make an effective contribution to military action, it shall
be presumed not to be so used;
(b) Which employs a method or means of delivery which cannot be directed at a specific
military objective; or
(c) Which may be expected to cause incidental loss of civilian life, injury to civilians, damage
to civilian objects, or a combination thereof, which would be excessive in relation to the concrete
and direct military advantage anticipated.
9. Several clearly separated and distinct military objectives located in a city, town, village or
other area containing a similar concentration of civilians or civilian objects are not to be treated as
a single military objective.
10. All feasible precautions shall be taken to protect civilians from the effects of weapons to
which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian
and military considerations. These circumstances include, but are not limited to:
(a) The short- and long-term effect of mines upon the local civilian population, for the duration of the mine field;
(b) Possible measures to protect civilians (for example, fencing, signs, warning and monitoring);
(c) The availability and feasibility of using alternatives; and
(d) The short- and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement of mines, booby- traps and
other devices which may affect the civilian population, unless circumstances do not permit.
Protocol on prohibitions on the use of mines (Protocol II, as amended)
213
Article 4. Restrictions on the use of anti-personnel mines
It is prohibited to use anti-personnel mines which are not detectable, as specified in paragraph
2 of the Technical Annex.
Article 5. Restrictions on the use of anti-personnel mines
other than remotely-delivered mines
1. This Article applies to anti-personnel mines other than remotely-delivered mines.
2. It is prohibited to use weapons to which this Article applies which are not in compliance
with the provisions on self-destruction and self-deactivation in the Technical Annex, unless:
(a) Such weapons are placed within a perimeter-marked area which is monitored by military
personnel and protected by fencing or other means, to ensure the effective exclusion of civilians
from the area. The marking must be of a distinct and durable character and must at least be visible
to a person who is about to enter the perimeter-marked area; and
(b) Such weapons are cleared before the area is abandoned, unless the area is turned over
to the forces of another State which accept responsibility for the maintenance of the protections
required by this Article and the subsequent clearance of those weapons.
3. A party to a conflict is relieved from further compliance with the provisions of subparagraphs 2 (a) and 2 (b) of this Article only if such compliance is not feasible due to forcible loss of
control of the area as a result of enemy military action, including situations where direct enemy military action makes it impossible to comply. If that party regains control of the area, it shall resume
compliance with the provisions of subparagraphs 2 (a) and 2 (b) of this Article.
4. If the forces of a party to a conflict gain control of an area in which weapons to which this
Article applies have been laid, such forces shall, to the maximum extent feasible, maintain and, if
necessary, establish the protections required by this Article until such weapons have been cleared.
5. All feasible measures shall be taken to prevent the unauthorized removal, defacement,
destruction or concealment of any device, system or material used to establish the perimeter of a
perimeter-marked area.
6. Weapons to which this Article applies which propel fragments in a horizontal arc of less
than 90 degrees and which are placed on or above the ground may be used without the measures
provided for in subparagraph 2 (a) of this Article for a maximum period of 72 hours, if:
(a)
They are located in immediate proximity to the military unit that emplaced them; and
(b)
The area is monitored by military personnel to ensure the effective exclusion of civilians.
Article 6. Restrictions on the use of remotely-delivered mines
1. It is prohibited to use remotely-delivered mines unless they are recorded in accordance with
subparagraph 1(b) of the Technical Annex.
2. It is prohibited to use remotely-delivered anti-personnel mines which are not in compliance
with the provisions on self-destruction and self-deactivation in the Technical Annex.
3. It is prohibited to use remotely-delivered mines other than anti-personnel mines, unless,
to the extent feasible, they are equipped with an effective self-destruction or self-neutralization
mechanism and have a back-up self-deactivation feature, which is designed so that the mine will
no longer function as a mine when the mine no longer serves the military purpose for which it was
placed in position.
4. Effective advance warning shall be given of any delivery or dropping of remotely delivered
mines which may affect the civilian population, unless circumstances do not permit.
X. Law of armed conflict
214
Article 7. Prohibitions on the use of booby-traps and other devices
1. Without prejudice to the rules of international law applicable in armed conflict relating to
treachery and perfidy, it is prohibited in all circumstances to use booby-traps and other devices
which are in any way attached to or associated with:
(a)
Internationally recognized protective emblems, signs or signals;
(b) Sick, wounded or dead persons;
(c)
Burial or cremation sites or graves;
(d) Medical facilities, medical equipment, medical supplies or medical transportation;
(e) Children’s toys or other portable objects or products specially designed for the feeding,
health, hygiene, clothing or education of children;
(f ) Food or drink;
(g) Kitchen utensils or appliances except in military establishments, military locations or
military supply depots;
(h) Objects clearly of a religious nature;
(i) Historic monuments, works of art or places of worship which constitute the cultural or
spiritual heritage of peoples; or
(j) Animals or their carcasses.
2. It is prohibited to use booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material.
3. Without prejudice to the provisions of Article 3, it is prohibited to use weapons to which this
Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent,
unless either:
(a)
They are placed on or in the close vicinity of a military objective; or
(b) Measures are taken to protect civilians from their effects, for example, the posting of
warning sentries, the issuing of warnings or the provision of fences.
Article 8. Transfers
1. In order to promote the purposes of this Protocol, each High Contracting Party:
(a)
Undertakes not to transfer any mine the use of which is prohibited by this Protocol;
(b) Undertakes not to transfer any mine to any recipient other than a State or a State agency
authorized to receive such transfers;
(c) Undertakes to exercise restraint in the transfer of any mine the use of which is restricted
by this Protocol. In particular, each High Contracting Party undertakes not to transfer any antipersonnel mines to States which are not bound by this Protocol, unless the recipient State agrees to
apply this Protocol; and
(d) Undertakes to ensure that any transfer in accordance with this Article takes place in full
compliance, by both the transferring and the recipient State, with the relevant provisions of this
Protocol and the applicable norms of international humanitarian law.
2. In the event that a High Contracting Party declares that it will defer compliance with specific provisions on the use of certain mines, as provided for in the Technical Annex, subparagraph
1 (a) of this Article shall however apply to such mines.
3. All High Contracting Parties, pending the entry into force of this Protocol, will refrain from
any actions which would be inconsistent with subparagraph 1 (a) of this Article.
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Article 9. Recording and use of information on minefields, mined areas,
mines, booby-traps and other devices
1. All information concerning minefields, mined areas, mines, booby-traps and other devices
shall be recorded in accordance with the provisions of the Technical Annex.
2. All such records shall be retained by the parties to a conflict, who shall, without delay after
the cessation of active hostilities, take all necessary and appropriate measures, including the use of
such information, to protect civilians from the effects of minefields, mined areas, mines, boobytraps and other devices in areas under their control.
At the same time, they shall also make available to the other party or parties to the conflict and
to the Secretary-General of the United Nations all such information in their possession concerning
minefields, mined areas, mines, booby-traps and other devices laid by them in areas no longer under
their control; provided, however, subject to reciprocity, where the forces of a party to a conflict are
in the territory of an adverse party, either party may withhold such information from the SecretaryGeneral and the other party, to the extent that security interests require such withholding, until
neither party is in the territory of the other. In the latter case, the information withheld shall be
disclosed as soon as those security interests permit. Wherever possible, the parties to the conflict
shall seek, by mutual agreement, to provide for the release of such information at the earliest possible
time in a manner consistent with the security interests of each party.
3. This Article is without prejudice to the provisions of Articles 10 and 12 of this Protocol.
Article 10. Removal of mine fields, mined areas, mines, booby-traps
and other devices and international cooperation
1. Without delay after the cessation of active hostilities, all minefields, mined areas, mines,
booby-traps and other devices shall be cleared, removed, destroyed or maintained in accordance
with Article 3 and paragraph 2 of Article 5 of this Protocol.
2. High Contracting Parties and parties to a conflict bear such responsibility with respect to
minefields, mined areas, mines, booby-traps and other devices in areas under their control.
3. With respect to minefields, mined areas, mines, booby-traps and other devices laid by a
party in areas over which it no longer exercises control, such party shall provide to the party in
control of the area pursuant to paragraph 2 of this Article, to the extent permitted by such party,
technical and material assistance necessary to fulfil such responsibility.
4. At all times necessary, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of technical and material assistance, including, in appropriate circumstances, the undertaking
of joint operations necessary to fulfil such responsibilities.
Article 11. Technological cooperation and assistance
1. Each High Contracting Party undertakes to facilitate and shall have the right to participate
in the fullest possible exchange of equipment, material and scientific and technological information
concerning the implementation of this Protocol and means of mine clearance. In particular, High
Contracting Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.
2. Each High Contracting Party undertakes to provide information to the database on mine
clearance established within the United Nations System, especially information concerning various
means and technologies of mine clearance, and lists of experts, expert agencies or national points
of contact on mine clearance.
3. Each High Contracting Party in a position to do so shall provide assistance for mine clearance through the United Nations System, other international bodies or on a bilateral basis, or contribute to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance.
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4. Requests by High Contracting Parties for assistance, substantiated by relevant information, may be submitted to the United Nations, to other appropriate bodies or to other States. These
requests may be submitted to the Secretary-General of the United Nations, who shall transmit them
to all High Contracting Parties and to relevant international organizations.
5. In the case of requests to the United Nations, the Secretary-General of the United Nations,
within the resources available to the Secretary-General of the United Nations, may take appropriate
steps to assess the situation and, in cooperation with the requesting High Contracting Party, determine the appropriate provision of assistance in mine clearance or implementation of the Protocol.
The Secretary-General may also report to High Contracting Parties on any such assessment as well
as on the type and scope of assistance required.
6. Without prejudice to their constitutional and other legal provisions, the High Contracting
Parties undertake to cooperate and transfer technology to facilitate the implementation of the relevant prohibitions and restrictions set out in this Protocol.
7. Each High Contracting Party has the right to seek and receive technical assistance, where
appropriate, from another High Contracting Party on specific relevant technology, other than weapons technology, as necessary and feasible, with a view to reducing any period of deferral for which
provision is made in the Technical Annex.
Article 12. Protection from the effects of minefields, mined areas, mines,
booby-traps and other devices
1. Application
(a) With the exception of the forces and missions referred to in subparagraph 2(a)(i) of this
Article, this Article applies only to missions which are performing functions in an area with the
consent of the High Contracting Party on whose territory the functions are performed.
(b) The application of the provisions of this Article to parties to a conflict which are not High
Contracting Parties shall not change their legal status or the legal status of a disputed territory,
either explicitly or implicitly.
(c) The provisions of this Article are without prejudice to existing international humanitarian law, or other international instruments as applicable, or decisions by the Security Council of the
United Nations, which provide for a higher level of protection to personnel functioning in accordance with this Article.
2. Peace-keeping and certain other forces and mission
(a)
This paragraph applies to:
(i)
Any United Nations force or mission performing peace-keeping, observation
or similar functions in any area in accordance with the Charter of the United
Nations; and
(ii)
Any mission established pursuant to Chapter VIII of the Charter of the United
Nations and performing its functions in the area of a conflict.
(b) Each High Contracting Party or party to a conflict, if so requested by the head of a force
or mission to which this paragraph applies, shall;
(i)
So far as it is able, take such measures as are necessary to protect the force or mission from the effects of mines, booby-traps and other devices in any area under its
control;
(ii)
If necessary in order effectively to protect such personnel, remove or render harmless, so far as it is able, all mines, booby-traps and other devices in that area; and
(iii)
Inform the head of the force or mission of the location of all known minefields,
mined areas, mines, booby-traps and other devices in the area in which the force
or mission is performing its functions and, so far as is feasible, make available to
Protocol on prohibitions on the use of mines (Protocol II, as amended)
217
the head of the force or mission all information in its possession concerning such
minefields, mined areas, mines, booby-traps and other devices.
3. Humanitarian and fact-finding missions of the United Nations System
(a) This paragraph applies to any humanitarian or fact-finding mission of the United Nations
System.
(b) Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall:
(i) Provide the personnel of the mission with the protections set out in subparagraph
2(b)(i) of this Article; and
(ii) If access to or through any place under its control is necessary for the performance
of the mission’s functions and in order to provide the personnel of the mission
with safe passage to or through that place:
(aa) Unless on-going hostilities prevent, inform the head of the mission of a safe route
to that place if such information is available; or
(bb) If information identifying a safe route is not provided in accordance with subparagraph (aa), so far as is necessary and feasible, clear a lane through minefields.
4. Missions of the International Committee of the Red Cross
(a) This paragraph applies to any mission of the International Committee of the Red Cross
performing functions with the consent of the host State or States as provided for by the Geneva
Conventions of 12 August 1949 and, where applicable, their Additional Protocols.
(b) Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall:
(i) Provide the personnel of the mission with the protections set out in subparagraph
2(b)(i) of this Article; and
(ii) Take the measures set out in subparagraph 3(b)(ii) of this Article.
5. Other humanitarian missions and missions of enquiry
(a) Insofar as paragraphs 2, 3 and 4 of this Article do not apply to them, this paragraph
applies to the following missions when they are performing functions in the area of a conflict or to
assist the victims of a conflict:
(i) Any humanitarian mission of a national Red Cross or Red Crescent society or of
their International Federation;
(ii) Any mission of an impartial humanitarian organization, including any impartial
humanitarian demining mission; and
(iii) Any mission of enquiry established pursuant to the provisions of the Geneva Conventions of 12 August 1949 and, where applicable, their Additional Protocols.
(b) Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall, so far as is feasible:
(i) Provide the personnel of the mission with the protections set out in subparagraph
2(b)(i) of this Article; and
(ii) Take the measures set out in subparagraph 3(b)(ii) of this Article.
6. Confidentiality
All information provided in confidence pursuant to this Article shall be treated by the recipient in strict confidence and shall not be released outside the force or mission concerned without the
express authorization of the provider of the information.
7. Respect for laws and regulations
Without prejudice to such privileges and immunities as they may enjoy or to the requirements
of their duties, personnel participating in the forces and missions referred to in this Article shall:
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218
(a)
Respect the laws and regulations of the host State; and
(b) Refrain from any action or activity incompatible with the impartial and international
nature of their duties.
Article 13. Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and cooperate with each other on all
issues related to the operation of this Protocol. For this purpose, a conference of High Contracting
Parties shall be held annually.
2. Participation in the annual conferences shall be determined by their agreed Rules of Procedure.
3. The work of the conference shall include:
(a)
Review of the operation and status of this Protocol;
(b) Consideration of matters arising from reports by High Contracting Parties according to
paragraph 4 of this Article;
(c)
Preparation for review conferences; and
(d) Consideration of the development of technologies to protect civilians against indiscriminate effects of mines.
4. The High Contracting Parties shall provide annual reports to the Depositary, who shall
circulate them to all High Contracting Parties in advance of the conference, on any of the following
matters:
(a) Dissemination of information on this Protocol to their armed forces and to the civilian
population;
(b)
Mine clearance and rehabilitation programmes;
(c) Steps taken to meet technical requirements of this Protocol and any other relevant information pertaining thereto;
(d) Legislation related to this Protocol;
(e) Measures taken on international technical information exchange, on international cooperation on mine clearance, and on technical cooperation and assistance; and
(f ) Other relevant matters.
5. The cost of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the work of the conference, in accordance with the
United Nations scale of assessment adjusted appropriately.
Article 14. Compliance
1. Each High Contracting Party shall take all appropriate steps, including legislative and other
measures, to prevent and suppress violations of this Protocol by persons or on territory under its
jurisdiction or control.
2. The measures envisaged in paragraph 1 of this Article include appropriate measures to
ensure the imposition of penal sanctions against persons who, in relation to an armed conflict and
contrary to the provisions of this Protocol, wilfully kill or cause serious injury to civilians and to
bring such persons to justice.
3. Each High Contracting Party shall also require that its armed forces issue relevant military
instructions and operating procedures and that armed forces personnel receive training commensurate with their duties and responsibilities to comply with the provisions of this Protocol.
4. The High Contracting Parties undertake to consult each other and to cooperate with each
other bilaterally, through the Secretary-General of the United Nations or through other appropriate
Convention on certain conventional weapons: Amendment to article 1
219
international procedures, to resolve any problems that may arise with regard to the interpretation
and application of the provisions of this Protocol.
75.(f) AMENDMENT TO ARTICLE I OF THE CONVENTION ON PROHIBITIONS
OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS
WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS
OR TO HAVE INDISCRIMINATE EFFECTS
Done at Geneva on 21 December 2001
Entry into force: 18 May 2004
United Nations, Treaty Series, vol. 2260, p. 82; Reg. No. 22495
The following decision to amend Article 1 of the Convention in order to expand the scope of
its application to non-international armed conflicts was made by the States Parties at the Second
Review Conference held from 11 to 21 December 2001. This decision appears in the Final Declaration of the Second Review Conference, as contained in document CCW/CONF.II/2.
“Decide to amend Article I of the Convention to read as follows:
“1. This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims,
including any situation described in paragraph 4 of Article I of Additional Protocol I to these
Conventions.
2. This Convention and its annexed Protocols shall also apply, in addition to situations referred
to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva
Conventions of 12 August 1949. This Convention and its annexed Protocols shall not apply
to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of
violence, and other acts of a similar nature, as not being armed conflicts.
3. In case of armed conflicts not of an international character occurring in the territory of one
of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.
4. Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of
affecting the sovereignty of a State or the responsibility of the Government, by all legitimate
means, to maintain or re-establish law and order in the State or to defend the national unity
and territorial integrity of the State.
5. Nothing in this Convention or its annexed Protocols shall be invoked as a justification for
intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the
internal or external affairs of the High Contracting Party in the territory of which that conflict
occurs.
6. The application of the provisions of this Convention and its annexed Protocols to parties to
a conflict which are not High Contracting Parties that have accepted this Convention or its
annexed Protocols, shall not change their legal status or the legal status of a disputed territory,
either explicitly or implicitly.
7. The provisions of Paragraphs 2-6 of this Article shall not prejudice additional Protocols
adopted after I January 2002, which may apply, exclude or modify the scope of their application in relation to this Article.”
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75.(g) PROTOCOL ON explosive REMNANTS OF WAR
Done at Geneva on 28 November 2003
Entry into force: 12 November 2006
United Nations, Treaty Series, vol. 2399, p. 100; Reg. No. 22495
The High Contracting Parties,
Recognising the serious post-conflict humanitarian problems caused by explosive remnants
of war,
Conscious of the need to conclude a Protocol on post-conflict remedial measures of a generic
nature in order to minimise the risks and effects of explosive remnants of war,
And willing to address generic preventive measures, through voluntary best practices specified in a Technical Annex for improving the reliability of munitions, and therefore minimising the
occurrence of explosive remnants of war,
Have agreed as follows:
Article 1. General provision and scope of application
1. In conformity with the Charter of the United Nations and of the rules of the international
law of armed conflict applicable to them, High Contracting Parties agree to comply with the obligations specified in this Protocol, both individually and in co-operation with other High Contracting
Parties, to minimise the risks and effects of explosive remnants of war in post-conflict situations.
2. This Protocol shall apply to explosive remnants of war on the land territory including internal waters of High Contracting Parties.
3. This Protocol shall apply to situations resulting from conflicts referred to in Article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.
4. Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing
explosive remnants of war as defined in Article 2, paragraph 5 of this Protocol.
Article 2. Definitions
For the purpose of this Protocol,
1. Explosive ordnance means conventional munitions containing explosives, with the exception of mines, booby‑traps and other devices as defined in Protocol II of this Convention as amended on 3 May 1996.
2. Unexploded ordnance means explosive ordnance that has been primed, fused, armed, or
otherwise prepared for use and used in an armed conflict. It may have been fired, dropped, launched
or projected and should have exploded but failed to do so.
3. Abandoned explosive ordnance means explosive ordnance that has not been used during an
armed conflict, that has been left behind or dumped by a party to an armed conflict, and which is no
longer under control of the party that left it behind or dumped it. Abandoned explosive ordnance
may or may not have been primed, fused, armed or otherwise prepared for use.
4. Explosive remnants of war means unexploded ordnance and abandoned explosive ordnance.
5. Existing explosive remnants of war means unexploded ordnance and abandoned explosive
ordnance that existed prior to the entry into force of this Protocol for the High Contracting Party
on whose territory it exists.
Article 3. Clearance, removal or destruction of explosive remnants of war
1. Each High Contracting Party and party to an armed conflict shall bear the responsibilities
set out in this Article with respect to all explosive remnants of war in territory under its control.
Protocol on explosive remnants of war
221
In cases where a user of explosive ordnance which has become explosive remnants of war, does
not exercise control of the territory, the user shall, after the cessation of active hostilities, provide
where feasible, inter alia technical, financial, material or human resources assistance, bilaterally or
through a mutually agreed third party, including inter alia through the United Nations system or
other relevant organisations, to facilitate the marking and clearance, removal or destruction of such
explosive remnants of war.
2. After the cessation of active hostilities and as soon as feasible, each High Contracting Party
and party to an armed conflict shall mark and clear, remove or destroy explosive remnants of war in
affected territories under its control. Areas affected by explosive remnants of war which are assessed
pursuant to paragraph 3 of this Article as posing a serious humanitarian risk shall be accorded
priority status for clearance, removal or destruction.
3. After the cessation of active hostilities and as soon as feasible, each High Contracting Party
and party to an armed conflict shall take the following measures in affected territories under its
control, to reduce the risks posed by explosive remnants of war:
(a) survey and assess the threat posed by explosive remnants of war;
(b) assess and prioritise needs and practicability in terms of marking and clearance, removal
or destruction;
(c) mark and clear, remove or destroy explosive remnants of war;
(d) take steps to mobilise resources to carry out these activities.
4. In conducting the above activities High Contracting Parties and parties to an armed conflict
shall take into account international standards, including the International Mine Action Standards.
5. High Contracting Parties shall co-operate, where appropriate, both among themselves and
with other states, relevant regional and international organisations and non-governmental organisations on the provision of inter alia technical, financial, material and human resources assistance
including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil the
provisions of this Article.
Article 4. Recording, retaining and transmission of information
1. High Contracting Parties and parties to an armed conflict shall to the maximum extent
possible and as far as practicable record and retain information on the use of explosive ordnance
or abandonment of explosive ordnance, to facilitate the rapid marking and clearance, removal or
destruction of explosive remnants of war, risk education and the provision of relevant information
to the party in control of the territory and to civilian populations in that territory.
2. High Contracting Parties and parties to an armed conflict which have used or abandoned
explosive ordnance which may have become explosive remnants of war shall, without delay after
the cessation of active hostilities and as far as practicable, subject to these parties legitimate security
interests, make available such information to the party or parties in control of the affected area,
bilaterally or through a mutually agreed third party including inter alia the United Nations or, upon
request, to other relevant organisations which the party providing the information is satisfied are
or will be undertaking risk education and the marking and clearance, removal or destruction of
explosive remnants of war in the affected area.
3. In recording, retaining and transmitting such information, the High Contracting Parties
should have regard to Part 1 of the Technical Annex.
Article 5. Other precautions for the protection of the civilian population, individual civilians
and civilian objects from the risks and effects of explosive remnants of war
1. High Contracting Parties and parties to an armed conflict shall take all feasible precautions
in the territory under their control affected by explosive remnants of war to protect the civilian
population, individual civilians and civilian objects from the risks and effects of explosive remnants of war. Feasible precautions are those precautions which are practicable or practicably pos-
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sible, taking into account all circumstances ruling at the time, including humanitarian and military
considerations. These precautions may include warnings, risk education to the civilian population,
marking, fencing and monitoring of territory affected by explosive remnants of war, as set out in
Part 2 of the Technical Annex.
Article 6. Provisions for the protection of humanitarian missions and
organisations from the effects of explosive remnants of war
1. Each High Contracting Party and party to an armed conflict shall:
(a) Protect, as far as feasible, from the effects of explosive remnants of war, humanitarian
missions and organisations that are or will be operating in the area under the control of the High
Contracting Party or party to an armed conflict and with that party’s consent.
(b) Upon request by such a humanitarian mission or organisation, provide, as far as feasible,
information on the location of all explosive remnants of war that it is aware of in territory where the
requesting humanitarian mission or organisation will operate or is operating.
2. The provisions of this Article are without prejudice to existing International Humanitarian
Law or other international instruments as applicable or decisions by the Security Council of the
United Nations which provide for a higher level of protection.
Article 7. Assistance with respect to existing explosive remnants of war
1. Each High Contracting Party has the right to seek and receive assistance, where appropriate,
from other High Contracting Parties, from states non-party and relevant international organisations and institutions in dealing with the problems posed by existing explosive remnants of war.
2. Each High Contracting Party in a position to do so shall provide assistance in dealing with
the problems posed by existing explosive remnants of war, as necessary and feasible. In so doing,
High Contracting Parties shall also take into account the humanitarian objectives of this Protocol,
as well as international standards including the International Mine Action standards.
Article 8. Co-operation and assistance
1. Each High Contracting Party in a position to do so shall provide assistance for the marking
and clearance, removal or destruction of explosive remnants of war, and for risk education to civilian populations and related activities inter alia through the United Nations system, other relevant
international, regional or national organisations or institutions, the International Committee of
the Red Cross, national Red Cross and Red Crescent societies and their International Federation,
non-governmental organisations, or on a bilateral basis.
2. Each High Contracting Party in a position to do so shall provide assistance for the care and
rehabilitation and social and economic reintegration of victims of explosive remnants of war. Such
assistance may be provided inter alia through the United Nations system, relevant international,
regional or national organisations or institutions, the International Committee of the Red Cross,
national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.
3. Each High Contracting Party in a position to do so shall contribute to trust funds within the
United Nations system, as well as other relevant trust funds, to facilitate the provision of assistance
under this Protocol.
4. Each High Contracting Party shall have the right to participate in the fullest possible
exchange of equipment, material and scientific and technological information other than weapons
related technology, necessary for the implementation of this Protocol. High Contracting Parties
undertake to facilitate such exchanges in accordance with national legislation and shall not impose
undue restrictions on the provision of clearance equipment and related technological information
for humanitarian purposes.
Protocol on explosive remnants of war
223
5. Each High Contracting Party undertakes to provide information to the relevant databases
on mine action established within the United Nations system, especially information concerning
various means and technologies of clearance of explosive remnants of war, lists of experts, expert
agencies or national points of contact on clearance of explosive remnants of war and, on a voluntary
basis, technical information on relevant types of explosive ordnance.
6. High Contracting Parties may submit requests for assistance substantiated by relevant information to the United Nations, to other appropriate bodies or to other states. These requests may be
submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organisations and non-governmental organisations.
7. In the case of requests to the United Nations, the Secretary-General of the United Nations,
within the resources available to the Secretary-General of the United Nations, may take appropriate
steps to assess the situation and in co-operation with the requesting High Contracting Party and
other High Contracting Parties with responsibility as set out in Article 3 above, recommend the
appropriate provision of assistance. The Secretary-General may also report to High Contracting
Parties on any such assessment as well as on the type and scope of assistance required, including
possible contributions from the trust funds established within the United Nations system.
Article 9. Generic preventive measures
1. Bearing in mind the different situations and capacities, each High Contracting Party is
encouraged to take generic preventive measures aimed at minimising the occurrence of explosive
remnants of war, including, but not limited to, those referred to in part 3 of the Technical Annex.
2. Each High Contracting Party may, on a voluntary basis, exchange information related to
efforts to promote and establish best practices in respect of paragraph 1 of this Article.
Article 10. Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and co-operate with each other on all
issues related to the operation of this Protocol. For this purpose, a Conference of High Contracting
Parties shall be held as agreed to by a majority, but no less than eighteen High Contracting Parties.
2. The work of the conferences of High Contracting Parties shall include:
(a)
review of the status and operation of this Protocol;
(b) consideration of matters pertaining to national implementation of this Protocol, including national reporting or updating on an annual basis.
(c)
preparation for review conferences.
3. The costs of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.
Article 11. Compliance
1. Each High Contracting Party shall require that its armed forces and relevant agencies or
departments issue appropriate instructions and operating procedures and that its personnel receive
training consistent with the relevant provisions of this Protocol.
2. The High Contracting Parties undertake to consult each other and to co-operate with each
other bilaterally, through the Secretary-General of the United Nations or through other appropriate
international procedures, to resolve any problems that may arise with regard to the interpretation
and application of the provisions of this Protocol.
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TECHNICAL ANNEX
This Technical Annex contains suggested best practice for achieving the objectives contained
in Articles 4, 5 and 9 of this Protocol. This Technical Annex will be implemented by High Contracting Parties on a voluntary basis.
1. Recording, storage and release of information for Unexploded Ordnance (UXO) and Abandoned Explosive Ordnance (AXO)
(a) Recording of information: Regarding explosive ordnance which may have become UXO
a State should endeavour to record the following information as accurately as possible:
(i) the location of areas targeted using explosive ordnance;
(ii) the approximate number of explosive ordnance used in the areas under (i);
(iii) the type and nature of explosive ordnance used in areas under (i);
(iv) the general location of known and probable UXO;
Where a State has been obliged to abandon explosive ordnance in the course of operations, it
should endeavour to leave AXO in a safe and secure manner and record information on this ordnance as follows:
(v) the location of AXO;
(vi) the approximate amount of AXO at each specific site;
(vii) the types of AXO at each specific site.
(b) Storage of information: Where a State has recorded information in accordance with paragraph (a), it should be stored in such a manner as to allow for its retrieval and subsequent release in
accordance with paragraph (c).
(c) Release of information: Information recorded and stored by a State in accordance with
paragraphs (a) and (b) should, taking into account the security interests and other obligations of the
State providing the information, be released in accordance with the following provisions:
(i) Content:
On UXO the released information should contain details on:
(1) the general location of known and probable UXO;
(2) the types and approximate number of explosive ordnance used in the targeted
areas;
(3) the method of identifying the explosive ordnance including colour, size and
shape and other relevant markings;
(4) the method for safe disposal of the explosive ordnance.
On AXO the released information should contain details on:
(5) the location of the AXO;
(6) the approximate number of AXO at each specific site;
(7) the types of AXO at each specific site;
(8) the method of identifying the AXO, including colour, size and shape;
(9) information on type and methods of packing for AXO;
(10) state of readiness;
(11) the location and nature of any booby‑traps known to be present in the area of
AXO.
(ii) Recipient: The information should be released to the party or parties in control of
the affected territory and to those persons or institutions that the releasing State is
satisfied are, or will be, involved in UXO or AXO clearance in the affected area, in
the education of the civilian population on the risks of UXO or AXO.
Protocol on explosive remnants of war
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(iii)
Mechanism: A State should, where feasible, make use of those mechanisms established internationally or locally for the release of information, such as through
UNMAS, IMSMA, and other expert agencies, as considered appropriate by the
releasing State.
(iv)
Timing: The information should be released as soon as possible, taking into
account such matters as any ongoing military and humanitarian operations in the
affected areas, the availability and reliability of information and relevant security
issues.
2. Warnings, risk education, marking, fencing and monitoring
Key terms
(a) Warnings are the punctual provision of cautionary information to the civilian population, intended to minimise risks caused by explosive remnants of war in affected territories.
(b) Risk education to the civilian population should consist of risk education programmes to
facilitate information exchange between affected communities, government authorities and humanitarian organisations so that affected communities are informed about the threat from explosive
remnants of war. Risk education programmes are usually a long term activity.
Best practice elements of warnings and risk education
(c) All programmes of warnings and risk education should, where possible, take into account
prevailing national and international standards, including the International Mine Action Standards.
(d) Warnings and risk education should be provided to the affected civilian population
which comprises civilians living in or around areas containing explosive remnants of war and civilians who transit such areas.
(e) Warnings should be given, as soon as possible, depending on the context and the information available. A risk education programme should replace a warnings programme as soon as
possible. Warnings and risk education always should be provided to the affected communities at the
earliest possible time.
(f ) Parties to a conflict should employ third parties such as international organisations and
non-governmental organisations when they do not have the resources and skills to deliver efficient
risk education.
(g) Parties to a conflict should, if possible, provide additional resources for warnings and risk
education. Such items might include: provision of logistical support, production of risk education
materials, financial support and general cartographic information.
Marking, fencing, and monitoring of an explosive remnants of war affected area
(h) When possible, at any time during the course of a conflict and thereafter, where explosive
remnants of war exist the parties to a conflict should, at the earliest possible time and to the maximum extent possible, ensure that areas containing explosive remnants of war are marked, fenced
and monitored so as to ensure the effective exclusion of civilians, in accordance with the following
provisions.
(i) Warning signs based on methods of marking recognised by the affected community
should be utilised in the marking of suspected hazardous areas. Signs and other hazardous area
boundary markers should as far as possible be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the marked boundary is considered to be within
the explosive remnants of war affected area and which side is considered to be safe.
(j) An appropriate structure should be put in place with responsibility for the monitoring
and maintenance of permanent and temporary marking systems, integrated with national and local
risk education programmes.
3. Generic preventive measures
X. Law of armed conflict
226
States producing or procuring explosive ordnance should to the extent possible and as appropriate endeavour to ensure that the following measures are implemented and respected during the
life-cycle of explosive ordnance.
(a)
(b)
Munitions manufacturing management
(i)
Production processes should be designed to achieve the greatest reliability of
munitions.
(ii)
Production processes should be subject to certified quality control measures.
(iii)
During the production of explosive ordnance, certified quality assurance standards that are internationally recognised should be applied.
(iv)
Acceptance testing should be conducted through live-fire testing over a range of
conditions or through other validated procedures.
(v)
High reliability standards should be required in the course of explosive ordnance
transactions and transfers.
Munitions management
In order to ensure the best possible long-term reliability of explosive ordnance, States are
encouraged to apply best practice norms and operating procedures with respect to its storage, transport, field storage, and handling in accordance with the following guidance.
(c)
(i)
Explosive ordnance, where necessary, should be stored in secure facilities or appropriate containers that protect the explosive ordnance and its components in a controlled atmosphere, if necessary.
(ii)
A state should transport explosive ordnance to and from production facilities,
storage facilities and the field in a manner that minimises damage to the explosive
ordnance.
(iii)
Appropriate containers and controlled environments, where necessary, should be
used by a State when stockpiling and transporting explosive ordnance.
(iv)
The risk of explosions in stockpiles should be minimised by the use of appropriate
stockpile arrangements.
(v)
States should apply appropriate explosive ordnance logging, tracking and testing procedures, which should include information on the date of manufacture of
each number, lot or batch of explosive ordnance, and information on where the
explosive ordnance has been, under what conditions it has been stored, and to what
environmental factors it has been exposed.
(vi)
Periodically, stockpiled explosive ordnance should undergo, where appropriate,
live-firing testing to ensure that munitions function as desired.
(vii)
Sub-assemblies of stockpiled explosive ordnance should, where appropriate,
undergo laboratory testing to ensure that munitions function as desired.
(viii)
Where necessary, appropriate action, including adjustment to the expected shelflife of ordnance, should be taken as a result of information acquired by logging,
tracking and testing procedures, in order to maintain the reliability of stockpiled
explosive ordnance.
Training
The proper training of all personnel involved in the handling, transporting and use of explosive ordnance is an important factor in seeking to ensure its reliable operation as intended. States
should therefore adopt and maintain suitable training programmes to ensure that personnel are
properly trained with regard to the munitions with which they will be required to deal.
Protection of cultural property in armed conflict
227
(d) Transfer
A State planning to transfer explosive ordnance to another State that did not previously possess that type of explosive ordnance should endeavour to ensure that the receiving State has the
capability to store, maintain and use that explosive ordnance correctly.
(e)
Future production
A State should examine ways and means of improving the reliability of explosive ordnance that
it intends to produce or procure, with a view to achieving the highest possible reliability.
Cultural protection in armed conflict and against intentional destruction
76. CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY
IN THE EVENT OF ARMED CONFLICT
Done at The Hague on 14 May 1954
Entry into force: 7 August 1956
United Nations, Treaty Series, vol. 249, p. 215; Reg. No. 3511
The High Contracting Parties,
Recognizing that cultural property has suffered grave damage during recent armed conflicts
and that, by reason of the developments in the technique of warfare, it is in increasing danger of
destruction;
Being convinced that damage to cultural property belonging to any people whatsoever means
damage to the cultural heritage of all mankind, since each people makes its contribution to the
culture of the world;
Considering that the preservation of the cultural heritage is of great importance for all peoples
of the world and that it is important that this heritage should receive international protection;
Guided by the principles concerning the protection of cultural property during armed conflict,
as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of
15 April, 1935;
Being of the opinion that such protection cannot be effective unless both national and international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:
Chapter i. General provisions regarding protection
Article 1. Definition of cultural property
For the purposes of the present Convention, the term “cultural property ” shall cover, irrespective of origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every
people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of
art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well
as scientific collections and important collections of books or archives or of reproductions of the
property defined above;
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X. Law of armed conflict
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural
property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives,
and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined
in subparagraph (a);
(c) centres containing a large amount of cultural property as defined in subparagraphs (a)
and (b), to be known as “centres containing monuments”.
Article 2. Protection of cultural property
For the purposes of the present Convention, the protection of cultural property shall comprise
the safeguarding of and respect for such property.
Article 3. Safeguarding of cultural property
The High Contracting Parties undertake to prepare in time of peace for the safeguarding of
cultural property situated within their own territory against the foreseeable effects of an armed
conflict, by taking such measures as they consider appropriate.
,
Article 4. Respect for cultural property
1. The High Contracting Parties undertake to respect cultural property situated within their
own territory as well as within the territory of other High Contracting Parties by refraining from
any use of the property and its immediate surroundings or of the appliances in use for its protection
for purposes which are likely to expose it to destruction or damage in the event of armed conflict;
and by refraining from any act of hostility directed against such property.
2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases
where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a
stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against,
cultural property. They shall refrain from requisitioning movable cultural property situated in the
territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the present
Article, in respect of another High Contracting Party, by reason of the fact that the latter has not
applied the measures of safeguard referred to in Article 3.
Article 5. Occupation
1. Any High Contracting Party in occupation of the whole or part of the territory of another
High Contracting Party shall as far as possible support the competent national authorities of the
occupied country in safeguarding and preserving its cultural property.
2. Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities
be unable to take such measures, the Occupying Power shall, as far as possible, and in close cooperation with such authorities, take the most necessary measures of preservation.
3. Any High Contracting Party whose government is considered their legitimate government
by members of a resistance movement, shall, if possible, draw their attention to the obligation to
comply with those provisions of the Convention dealing with respect for cultural property.
Article 6. Distinctive marking of cultural property
In accordance with the provisions of Article 16, cultural property may bear a distinctive
emblem so as to facilitate its recognition.
Protection of cultural property in armed conflict
229
Article 7. Military measures
1. The High Contracting Parties undertake to introduce in time of peace into their military
regulations or instructions such provisions as may ensure observance of the present Convention,
and to foster in the members of their armed forces a spirit of respect for the culture and cultural
property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peacetime, within their
armed forces, services or specialist personnel whose purpose will be to secure respect for cultural
property and to co-operate with the civilian authorities responsible for safeguarding it.
chapter II. SPECIAL PROTECTION
Article 8. Granting of special protection
1. There may be placed under special protection a limited number of refuges intended to shelter
movable cultural property in the event of armed conflict, of centres containing monuments and
other immovable cultural property of very great importance, provided that they:
(a) are situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of
relative importance or a main line of communication;
(b) are not used for military purposes.
2. A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.
3. A centre containing monuments shall be deemed to be used for military purposes whenever
it is used for the movement of military personnel or material, even in transit. The same shall apply
whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre.
4. The guarding of cultural property mentioned in paragraph 1 above by armed custodians
specially empowered to do so, or the presence, in the vicinity of such cultural property, of police
forces normally responsible for the maintenance of public order shall not be deemed to be use for
military purposes.
5. If any cultural property mentioned in paragraph 1 of the present Article is situated near an
important military objective as defined in the said paragraph, it may nevertheless be placed under
special protection if the High Contracting Party asking for that protection undertakes, in the event
of armed conflict, to make no use of the objective and particularly, in the case of a port, railway
station or aerodrome, to divert all traffic therefrom. In that event, such diversion shall be prepared
in time of peace.
6. Special protection is granted to cultural property by its entry in the “ International Register
of Cultural Property under Special Protection ”. This entry shall only be made, in accordance with
the provisions of the present Convention and under the conditions provided for in the Regulations
for the execution of the Convention.
Article 9. Immunity of cultural property under special protection
The High Contracting Parties undertake to ensure the immunity of cultural property under
special protection by refraining, from the time of entry in the International Register, from any act
of hostility directed against such property and, except for the cases provided for in paragraph 5 of
Article 8, from any use of such property or its surroundings for military purposes.
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X. Law of armed conflict
Article 10. Identification and control
During an armed conflict, cultural property under special protection shall be marked with the
distinctive emblem described in Article 16, and shall be open to international control as provided
for in the Regulations for the execution of the Convention.
Article 11. Withdrawal of immunity
1. If one of the High Contracting Parties commits, in respect of any item of cultural property
under special protection, a violation of the obligations under Article 9, the opposing Party shall, so
long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of
such violation within a reasonable time.
2. Apart from the case provided for in paragraph 1 of the present Article, immunity shall be
withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be
established only by the officer commanding a force the equivalent of a division in size or larger.
Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance,
of the decision to withdraw immunity.
3. The Party withdrawing immunity shall, as soon as possible, so inform the CommissionerGeneral for cultural property provided for in the Regulations for the execution of the Convention,
in writing, stating the reasons.
CHAPTER III. TRANSPORT OF CULTURAL PROPERTY
Article 12. Transport under special protection
1. Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take
place under special protection in accordance with the conditions specified in the Regulations for
the execution of the Convention.
2. Transport under special protection shall take place under the international supervision
provided for in the aforesaid Regulations and shall display the distinctive emblem described in
Article 16.
3. The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.
Article 13. Transport in urgent cases
1. If a High Contracting Party considers that the safety of certain cultural property requires its
transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be
followed, especially at the beginning of an armed conflict, the transport may display the distinctive
emblem described in Article 16, provided that an application for immunity referred to in Article 12
has not already been made and refused. As far as possible, notification of transfer should be made to
the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another
country may not display the distinctive emblem unless immunity has been expressly granted to it.
2. The High Contracting Parties shall take, so far as possible, the necessary precautions to
avoid acts of hostility directed against the transport described in paragraph 1 of the present Article
and displaying the distinctive emblem.
Article 14. Immunity from seizure, capture and prize
1. Immunity from seizure, placing in prize, or capture shall be granted to :
(a) cultural property enjoying the protection provided for in Article 12 or that provided for
in Article 13;
Protection of cultural property in armed conflict
231
(b) the means of transport exclusively engaged in the transfer of such cultural property.
2. Nothing in the present Article shall limit the right of visit and search.
chapter IV. PERSONNEL
Article 15. Personnel
As far as is consistent with the interests of security, personnel engaged in the protection of
cultural property shall, in the interests of such property, be respected and, if they fall into the hands
of the opposing Party, shall be allowed to continue to carry out their duties whenever the cultural
property for which they are responsible has also fallen into the hands of the opposing Party.
chapter v. THE DISTINCTIVE EMBLEM
Article 16. Emblem of the Convention
1. The distinctive emblem of the Convention shall take the form of a shield, pointed below, per
saltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms
the point of the shield, and of a royal-blue triangle above the square, the space on either side being
taken up by a white triangle).
2. The emblem shall be used alone, or repeated three times in a triangular formation (one
shield below), under the conditions provided for in Article 17.
Article 17. Use of the emblem
1. The distinctive emblem repeated three times may be used only as a means of identification of:
(a) immovable cultural property under special protection;
(b) the transport of cultural property under the conditions provided for in Articles 12 and 13;
(c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention.
2. The distinctive emblem may be used alone only as a means of identification of:
(a) cultural property not under special protection;
(b) the persons responsible for the duties of control in accordance with the Regulations for
the execution of the Convention;
(c) the personnel engaged in the protection of cultural property;
(d) the identity cards mentioned in the Regulations for the execution of the Convention.
3. During an armed conflict, the use of the distinctive emblem in any other cases than those
mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever
of a sign resembling the distinctive emblem, shall be forbidden.
4. The distinctive emblem may not be placed on any immovable cultural property unless at the
same time there is displayed an authorization duly dated and signed by the competent authority of
the High Contracting Party.
CHAPTER VI. SCOPE OF APPLICATION OF THE CONVENTION
Article 18. Application of the Convention
1. Apart from the provisions which shall take effect in time of peace, the present Convention
shall apply in the event of declared war or of any other armed conflict which may arise between two
or more of the High Contracting Parties, even if the state of war is not recognized by one or more
of them.
2. The Convention shall also apply to all cases of partial or total occupation of the territory of
a High Contracting Party, even if the said occupation meets with no armed resistance.
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X. Law of armed conflict
3. If one of the Powers in conflict is not a Party to the present Convention, the Powers which
are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall furthermore be bound by the Convention, in relation to the said Power, if the latter has declared that it
accepts the provisions thereof and so long as it applies them.
Article 19. Conflicts not of an international character
1. In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as
a minimum, the provisions of the present Convention which relate to respect for cultural property.
2. The parties to the conflict shall endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
3. The United Nations Educational, Scientific and Cultural Organization may offer its services
to the parties to the conflict.
4. The application of the preceding provisions shall not affect the legal status of the parties to
the conflict.
chapter vii. EXECUTION OF THE CONVENTION
Article 20. Regulations for the execution of the Convention
The procedure by which the present Convention is to be applied is defined in the Regulations
for its execution, which constitute an integral part thereof.
Article 21. Protecting Powers
The present Convention and the Regulations for its execution shall be applied with the cooperation of the Protecting Powers responsible for safeguarding the interests of the Parties to the
conflict.
Article 22. Conciliation procedure
1. The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to
the conflict as to the application or interpretation of the provisions of the present Convention or the
Regulations for its execution.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party,
of the Director-General of the United Nations Educational, Scientific and Cultural Organization,
or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and
in particular of the authorities responsible for the protection of cultural property, if considered
appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give
effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval
by the Parties to the conflict a person belonging to a neutral Power or a person presented by the
Director- General of the United Nations Educational, Scientific and Cultural Organization, which
person shall be invited to take part in such a meeting in the capacity of Chairman.
Article 23. Assistance of UNESCO
1. The High Contracting Parties may call upon the United Nations Educational, Scientific and
Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connexion with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the
limits fixed by its programme and by its resources.
2. The Organization is authorized to make, on its own initiative, proposals on this matter to
the High Contracting Parties.
Protection of cultural property in armed conflict
233
Article 24. Special agreements
1. The High Contracting Parties may conclude special agreements for all matters concerning
which they deem it suitable to make separate provision.
2. No special agreement may be concluded which would diminish the protection afforded by
the present Convention to cultural property and to the personnel engaged in its protection.
Article 25. Dissemination of the Convention
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to
disseminate the text of the present Convention and the Regulations for its execution as widely as
possible in their respective countries. They undertake, in particular, to include the study thereof
in their programmes of military and, if possible, civilian training, so that its principles are made
known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.
Article 26. Translations, reports
1. The High Contracting Parties shall communicate to one another, through the DirectorGeneral of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution.
2. Furthermore, at least once every four years, they shall forward to the Director-General a
report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention
and of the Regulations for its execution.
Article 27. Meetings
1. The Director-General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High
Contracting Parties. He must convene such a meeting if at least one-fifth of the High Contracting
Parties so request.
2. Without prejudice to any other functions which have been conferred on it by the present
Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to
formulate recommendations in respect thereof.
3. The meeting may further undertake a revision of the Convention or the Regulations for its
execution if the majority of the High Contracting Parties are represented, and in accordance with
the provisions of Article 39.
Article 28. Sanctions
The High Contracting Parties undertake to take, within the framework of their ordinary
criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions
upon those persons, of whatever nationality, who commit or order to be committed a breach of the
present Convention.
FINAL PROVISIONS
Article 29. Languages
1. The present Convention is drawn up in English, French, Russian and Spanish, the four texts
being equally authoritative.
2. The United Nations Educational, Scientific and Cultural Organization shall arrange for
translations of the Convention into the other official languages of its General Conference.
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X. Law of armed conflict
Article 30. Signature
The present Convention shall bear the date of 14 May, 1954 and, until the date of 31 December,
1954, shall remain open for signature by all States invited to the Conference which met at The Hague
from 21 April, 1954 to 14 May, 1954.
Article 31. Ratification
1. The present Convention shall be subject to ratification by signatory States in accordance with
their respective constitutional procedures.
2. The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Article 32. Accession
From the date of its entry into force, the present Convention shall be open for accession by all
States mentioned in Article 30 which have not signed it, as well as any other State invited to accede
by the Executive Board of the United Nations Educational, Scientific and Cultural Organization.
Accession shall be effected by the deposit of an instrument of accession with the Director-General
of the United Nations Educational, Scientific and Cultural Organization.
Article 33. Entry into force
1. The present Convention shall enter into force three months after five instruments of ratification have been deposited.
2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the
deposit of its instrument of ratification or accession.
3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or
accessions deposited by the Parties to the conflict either before or after the beginning of hostilities
or occupation. In such cases the Director-General of the United Nations Educational, Scientific and
Cultural Organization shall transmit the communications referred to in Article 38 by the speediest
method.
Article 34. Effective application
1. Each State Party to the Convention on the date of its entry into force shall take all necessary
measures to ensure its effective application within a period of six months after such entry into force.
2. This period shall be six months from the date of deposit of the instruments of ratification
or accession for any State which deposits its instrument of ratification or accession after the date of
the entry into force of the Convention.
Article 35. Territorial extension of the Convention
Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational,
Scientific and Cultural Organization, that the present Convention shall extend to all or any of the
territories for whose international relations it is responsible. The said notification shall take effect
three months after the date of its receipt.
Article 36. Relation to previous Conventions
1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of
War (IX), whether those of 29 July, 1899 or those of 18 October, 1907, and which are Parties to the
present Convention, this last Convention shall be supplementary to the aforementioned Convention
(IX) and to the Regulations annexed to the aforementioned Convention (IV) and shall substitute for
Protection of cultural property in armed conflict
235
the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in
Article 16 of the present Convention, in cases in which the present Convention and the Regulations
for its execution provide for the use of this distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of 15 April, 1935
for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact)
and which are Parties to the present Convention, the latter Convention shall be supplementary to the
Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the
emblem defined in Article 16 of the present Convention, in cases in which the present Convention
and the Regulations for its execution provide for the use of this distinctive emblem.
Article 37. Denunciation
1. Each High Contracting Party may denounce the present Convention, on its own behalf, or
on behalf of any territory for whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with the DirectorGeneral of the United Nations Educational, Scientific and Cultural Organization.
3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict,
the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
Article 38. Notifications
The Director-General of the United Nations Educational, Scientific and Cultural Organization
shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit
of all the instruments of ratification, accession or acceptance provided for in Articles 31, 32 and 39
and of the notifications and denunciations provided for respectively in Articles 35, 37 and 39.
Article 39. Revision of the Convention and of the Regulations for its execution
1. Any High Contracting Party may propose amendments to the present Convention or the
Regulations for its execution. The text of any proposed amendment shall be communicated to the
Director-General of the United Nations Educational, Scientific and Cultural Organization who
shall transmit it to each High Contracting Party with the request that such Party reply within four
months stating whether it:
(a)
desires that a Conference be convened to consider the proposed amendment;
(b) favours the acceptance of the proposed amendment without a Conference; or
(c)
favours the rejection of the proposed amendment without a Conference.
2. The Director-General shall transmit the replies, received under paragraph 1 of the present
Article, to all High Contracting Parties.
3. If all the High Contracting Parties which have, within the prescribed time-limit, stated their
views to the Director-General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance of the
amendment without a Conference, notification of their decision shall be made by the DirectorGeneral in accordance with Article 38. The amendment shall become effective for all the High
Contracting Parties on the expiry of ninety days from the date of such notification.
4. The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting
Parties.
5. Amendments to the Convention or to the Regulations for its execution, dealt with under the
provisions of the preceding paragraph, shall enter into force only after they have been unanimously
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X. Law of armed conflict
adopted by the High Contracting Parties represented at the Conference and accepted by each of the
High Contracting Parties.
6. Acceptance by the High Contracting Parties of amendments to the Convention or to the
Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs
4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the
United Nations Educational, Scientific and Cultural Organization.
7. After the entry into force of amendments to the present Convention or to the Regulations for
its execution, only the text of the Convention or of the Regulations for its execution thus amended
shall remain open for ratification or accession.
Article 40. Registration
In accordance with Article 102 of the Charter of the United Nations, the present Convention
shall be registered with the Secretariat of the United Nations at the request of the Director-General
of the United Nations Educational, Scientific and Cultural Organization.
In faith whereof the undersigned, duly authorized, have signed the present Convention.
Done at The Hague, this fourteenth day of May, 1954, in a single copy which shall be deposited
in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well
as to the United Nations.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF
CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
CHAPTER I. CONTROL
Article 1. International list of persons
On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all
persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United
Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on
the basis of requests formulated by the High Contracting Parties.
Article 2. Organization of control
As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of
the Convention applies :
(a) It shall appoint a representative for cultural property situated in its territory; if it is in
occupation of another territory, it shall appoint a special representative for cultural property situated in that territory;
(b) The Protecting Power acting for each of the Parties in conflict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below;
(c) A Commissioner-General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4.
Article 3. Appointment of delegates of Protecting Powers
The Protecting Power shall appoint its delegates from among the members of its diplomatic
or consular staff or, with the approval of the Party to which they will be accredited, from among
other persons.
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Article 4. Appointment of Commissioner-General
1. The Commissioner-General for Cultural Property shall be chosen from the international list
of persons by joint agreement between the Party to which he will be accredited and the Protecting
Powers acting on behalf of the opposing Parties.
2. Should the Parties fail to reach agreement within three weeks from the beginning of their
discussions on this point, they shall request the President of the International Court of Justice to
appoint the Commissioner-General, who shall not take up his duties until the Party to which he is
accredited has approved his appointment.
Article 5. Functions of delegates
The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they
have occurred, make representations locally to secure their cessation and, if necessary, notify the
Commissioner-General of such violations. They shall keep him informed of their activities.
Article 6. Functions of the Commissioner-General
1. The Commissioner-General for Cultural Property shall deal with all matters referred to him
in connexion with the application of the Convention, in conjunction with the representative of the
Party to which he is accredited and with the delegates concerned.
2. He shall have powers of decision and appointment in the cases specified in the present
Regulations.
3. With the agreement of the Party to which he is accredited, he shall have the right to order
an investigation or to conduct it himself.
4. He shall make any representations to the Parties to the conflict or to their Protecting Powers
which he deems useful for the application of the Convention.
5. He shall draw up such reports as may be necessary on the application of the Convention and
communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to
the Director-General of the United Nations Educational, Scientific and Cultural Organization, who
may make use only of their technical contents.
6. If there is no Protecting Power, the Commissioner-General shall exercise the functions of
the Protecting Power as laid down in Articles 21 and 22 of the Convention.
Article 7. Inspectors and experts
1. Whenever the Commissioner-General for Cultural Property considers it necessary, either
at the request of the delegates concerned or after consultation with them, he shall propose, for the
approval of the Party to which he is accredited, an inspector of cultural property to be charged with
a specific mission. An inspector shall be responsible only to the Commissioner-General.
2. The Commissioner-General, delegates and inspectors may have recourse to the services
of experts, who will also be proposed for the approval of the Party mentioned in the preceding
paragraph.
Article 8. Discharge of the mission of control
The Commissioners-General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the
security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them
by that High Contracting Party.
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X. Law of armed conflict
Article 9. Substitutes for Protecting Powers
If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which
concern the appointment of a Commissioner-General for Cultural Property in accordance with the
procedure laid down in Article 4 above. The Commissioner-General thus appointed shall, if need
be, entrust to inspectors the functions of delegates of Protecting Powers as specified in the present
Regulations.
Article 10. Expenses
The remuneration and expenses of the Commissioner-General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses
of delegates of the Protecting Powers shall be subject to agreement between those Powers and the
States whose interests they are safeguarding.
CHAPTER II. SPECIAL PROTECTION
Article 11. Improvised refuges
1. If, during an armed conflict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection,
it shall communicate this fact forthwith to the Commissioner-General accredited to that Party.
2. If the Commissioner-General considers that such a measure is justified by the circumstances
and by the importance of the cultural property sheltered in this improvised refuge, he may authorize
the High Contracting Party to display on such refuge the distinctive emblem defined in Article 16 of
the Convention. He shall communicate his decision without delay to the delegates of the Protecting
Powers who are concerned, each of whom may, within a time-limit of 30 days, order the immediate
withdrawal of the emblem.
3. As soon as such delegates have signified their agreement or if the time-limit of 30 days has
passed without any of the delegates concerned having made an objection, and if, in the view of the
Commissioner-General, the refuge fulfils the conditions laid down in Article 8 of the Convention,
the Commissioner-General shall request the Director-General of the United Nations Educational,
Scientific and Cultural Organization to enter the refuge in the Register of Cultural Property under
Special Protection.
Article 12. International Register of Cultural Property under Special Protection
1. An “International Register of Cultural Property under Special Protection” shall be prepared.
2. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the United
Nations and to the High Contracting Parties.
3. The Register shall be divided into sections, each in the name of a High Contracting Party.
Each section shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments, Other Immovable Cultural Property. The Director-General shall determine what details
each section shall contain.
Article 13. Requests for registration
1. Any High Contracting Party may submit to the Director-General of the United Nations
Educational, Scientific and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within
its territory. Such application shall contain a description of the location of such property and shall
certify that the property complies with the provisions of Article 8 of the Convention.
2. In the event of occupation, the Occupying Power shall be competent to make such application.
Protection of cultural property in armed conflict
239
3. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting
Parties.
Article 14. Objections
1. Any High Contracting Party may, by letter addressed to the Director-General of the United
Nations Educational, Scientific and Cultural Organization, lodge an objection to the registration of
cultural property. This letter must be received by him within four months of the day on which he
sent a copy of the application for registration.
2. Such objection shall state the reasons giving rise to it, the only valid grounds being that:
(a) the property is not cultural property;
(b) the property does not comply with the conditions mentioned in Article 8 of the Convention.
3. The Director-General shall send a copy of the letter of objection to the High Contracting
Parties without delay. He shall, if necessary, seek the advice of the International Committee on
Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit,
of any other competent organization or person.
4. The Director-General, or the High Contracting Party requesting registration, may make
whatever representations they deem necessary to the High Contracting Parties which lodged the
objection, with a view to causing the objection to be withdrawn.
5. If a High Contracting Party which has made an application for registration in time of peace
becomes involved in an armed conflict before the entry has been made, the cultural property concerned shall at once be provisionally entered in the Register, by the Director-General, pending the
confirmation, withdrawal or cancellation of any objection that may be, or may have been, made.
6. If, within a period of six months from the date of receipt of the letter of objection, the
Director-General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration
may request arbitration in accordance with the procedure in the following paragraph.
7. The request for arbitration shall not be made more than one year after the date of receipt by
the Director-General of the letter of objection. Each of the two Parties to the dispute shall appoint
an arbitrator. When more than one objection has been lodged against an application for registration,
the High Contracting Parties which have lodged the objections shall, by common consent, appoint
a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list
mentioned in Article 1 of the present Regulations. If such arbitrators cannot agree upon their choice,
they shall ask the President of the International Court of Justice to appoint a chief arbitrator who
need not necessarily be chosen from the international list. The arbitral tribunal thus constituted
shall fix its own procedure. There shall be no appeal from its decisions.
8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding
paragraph. In such cases, the objection to an application for registration shall be submitted by the
Director-General to the High Contracting Parties. The objection will be confirmed only if the High
Contracting Parties so decide by a two-third majority of the High Contracting Parties voting. The
vote shall be taken by correspondence, unless the Director-General of the United Nations Educational, Scientific and Cultural Organization deems it essential to convene a meeting under the powers conferred upon him by Article 27 of the Convention. If the Director-General decides to proceed
with the vote by correspondence, he shall invite the High Contracting Parties totransmit their votes
by sealed letter within six months from the day on which they were invited to do so.
Article 15. Registration
1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause to be entered in the Register, under a serial number, each item of property for which
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application for registration is made, provided that he has not received an objection within the timelimit prescribed in paragraph 1 of Article 14.
2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of
Article 14, the Director-General shall enter property in the Register only if the objection has been
withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7
or paragraph 8 of Article 14.
3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the
Register if so requested by the Commissioner-General for Cultural Property.
4. The Director-General shall send without delay to the Secretary-General of the United
Nations, to the High Contracting Parties, and, at the request of the Party applying for registration,
to all other States referred to in Articles 30 and 32 of the Convention, a certified copy of each entry
in the Register. Entries shall become effective thirty days after despatch of such copies.
Article 16. Cancellation
1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause the registration of any property to be cancelled:
(a) at the request of the High Contracting Party within whose territory the cultural property
is situated;
(b) if the High Contracting Party which requested registration has denounced the Convention, and when that denunciation has taken effect;
(c) in the special case provided for in Article 14, paragraph 5, when an objection has been
confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article 14.
2. The Director-General shall send without delay, to the Secretary- General of the United
Nations and to all States which received a copy of the entry in the Register, a certified copy of its
cancellation. Cancellation shall take effect thirty days after the despatch of such copies.
CHAPTER III. TRANSPORT OF CULTURAL PROPERTY
Article 17. Procedure to obtain immunity
1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be addressed to
the Commissioner-General for Cultural Property. It shall mention the reasons on which it is based
and specify the approximate number and the importance of the objects to be transferred, their
present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information.
2. If the Commissioner-General, after taking such opinions as he deems fit, considers that such
transfer is justified, he shall consult those delegates of the Protecting Powers who are concerned,
on the measures proposed for carrying it out. Following such consultation, he shall notify the Parties to the conflict concerned of the transfer, including in such notification all useful information.
3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to
be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall
accompany the property to its destination.
Article 18. Transport abroad
Where the transfer under special protection is to the territory of another country, it shall be
governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but
by the following further provisions:
(a) while the cultural property remains on the territory of another State, that State shall be
its depositary and shall extend to it as great a measure of care as that which it bestows upon its own
cultural property of comparable importance;
Protection of cultural property in armed conflict
241
(b) the depositary State shall return the property only on the cessation of the conflict; such
return shall be effected within six months from the date on which it was requested;
(c) during the various transfer operations, and while it remains on the territory of another
State, the cultural property shall be exempt from confiscation and may not be disposed of either
by the depositor or by the depositary. Nevertheless, when the safety of the property requires it, the
depositary may, with the assent of the depositor, have the property transported to the territory of a
third country, under the conditions laid down in the present article;
(d) the request for special protection shall indicate that the State to whose territory the property is to be transferred accepts the provisions of the present Article.
Article 19. Occupied Territory
Whenever a High Contracting Party occupying territory of another High Contracting Party
transfers cultural property to a refuge situated elsewhere in that territory, without being able to follow the procedure provided for in Articlc 17 of the Regulations, the transfer in question shall not be
regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the
Commissioner-General for Cultural Property certifies in writing, after having consulted the usual
custodians, that such transfer was rendered necessary by circumstances.
chapter iv. THE DISTINCTIVE EMBLEM
Article 20. Affixing of the emblem
1. The placing of the distinctive emblem and its degree of visibility shall be left to the discretion
of the competent authorities of each High Contracting Party. It may be displayed on flags or armlets;
it may be painted on an object or represented in any other appropriate form.
2. However, without prejudice to any possible fuller markings, the emblem shall, in the event
of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on
the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground.
The emblem shall be visible from the ground:
(a) at regular intervals sufficient to indicate clearly the perimeter of a centre containing
monuments under special protection;
(b)
at the entrance to other immovable cultural property under special protection.
Article 21. Identification of persons
1. The persons mentioned in Article 17, paragraph 2 (b) and (c) of the Convention may wear an
armlet bearing the distinctive emblem, issued and stamped by the competent authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem. This card
shall mention at least the surname and first names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his
fingerprints, or both. It shall bear the embossed stamp of the competent authorities.
3. Each High Contracting Party shall make out its own type of identity card, guided by the
model annexed, by way of example, to the present Regulations. The High Contracting Parties shall
transmit to each other a specimen of the model they are using. Identity cards shall be made out, if
possible, at least in duplicate, one copy being kept by the issuing Power.
4. The said persons may not, without legitimate reason, be deprived of their identity card or of
the right to wear the armlet.
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X. Law of armed conflict
Protection of cultural property in armed conflict (Protocol)
243
76.(a) Protocol
Done at The Hague on 14 May 1954
Entry into force: 7 August 1956
United Nations, Treaty Series, vol. 249, p. 215; Reg. No. 3511
The High Contracting Parties are agreed as follows:
I
1. Each High Contracting Party undertakes to prevent the exportation, from a territory occupied by it during an armed conflict, of cultural property as defined in Article 1 of the Convention
for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on
14 May, 1954.
2. Each High Contracting Party undertakes to take into its custody cultural property imported
into its territory either directly or indirectly from any occupied territory. This shall either be effected
automatically upon the importation of the property or, failing this, at the request of the authorities
of that territory.
3. Each High Contracting Party undertakes to return, at the close of hostilities, to the competent authorities of the territory previously occupied, cultural property which is in its territory, if
such property has been exported in contravention of the principle laid down in the first paragraph.
Such property shall never be retained as war reparations.
4. The High Contracting Party whose obligation it was to prevent the exportation of cultural
property from the territory occupied by it, shall pay an indemnity to the holders in good faith of any
cultural property which has to be returned in accordance with the preceding paragraph.
II
5. Cultural property coming from the territory of a High Contracting Party and deposited by
it in the territory of another High Contracting Party for the purpose of protecting such property
against the dangers of an armed conflict, shall be returned by the latter, at the end of hostilities, to
the competent authorities of the territory from which it came.
III
6. The present Protocol shall bear the date of 14 May, 1954 and, until the date of 31 December,
1954, shall remain open for signature by all States invited to the Conference which met at The Hague
from 21 April, 1954 to 1’4 May, 1954.
7. (a) The present Protocol shall be subject to ratification by signatory States in accordance with
their respective constitutional procedures.
(b) The instruments of ratification shall be deposited with the Director- General of the United Nations Educational, Scientific and Cultural Organization.
8. From the date of its entry into force, the present Protocol shall be open for accession by all
States mentioned in paragraph 6 which have not signed it as well as any other State invited to accede
by the Executive Board of the United Nations Educational, Scientific and Cultural Organization.
Accession shall be effected by the deposit of an instrument of accession with the Director-General
of the United Nations Educational, Scientific and Cultural Organization.
9. The States referred to in paragraphs 6 and 8 may declare, at the time of signature, ratification
or accession, that they will not be bound by the provisions of Section I or by those of Section II of
the present Protocol.
10. (a) The present Protocol shall enter into force three months after five instruments of ratification have been deposited.
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X. Law of armed conflict
(b) Thereafter, it shall enter into force, for each High Contracting Party, three months after
the deposit of its instrument of ratification or accession.
(c) The situations referred to in Articles 18 and 19 of the Convention for the Protection
of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May, 1954, shall
give immediate effect to ratifications and accessions deposited by the Parties to the conflict either
before or after the beginning of hostilities or occupation. In such cases, the Director-General of the
United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in paragraph 14 by the speediest method.
11. (a) Each State Party to the Protocol on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry
into force.
(b) This period shall be six months from the date of deposit of the instruments of ratification
or accession for any State which deposits its instrument of ratification or accession after the date of
the entry into force of the Protocol.
12. Any High Contracting Party may, at the time of ratification or accession, or at any time
thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that the present Protocol shall extend to all or any of
the territories for whose international relations it is responsible. The said notification shall take effect
three months after the date of its receipt.
13. (a) Each High Contracting Party may denounce the present Protocol, on its own behalf, or
on behalf of any territory for whose international relations it is responsible.
(b) The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
(c) The denunciation shall take effect one year after receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict,
the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
14. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in paragraphs 6 and 8, as well as the United Nations, of
the deposit of all the instruments of ratification, accession or acceptance provided for in paragraphs 7, 8 and 15 and the notifications and denunciations provided for respectively in paragraphs
12 and 13.
15. (a) The present Protocol may be revised if revision is requested by more than one-third of
the High Contracting Parties.
(b) The Director-General of the United Nations Educational, Scientific and Cultural Organization shall convene a Conference for this purpose.
(c) Amendments to the present Protocol shall enter into force only after they have been
unanimously adopted by the High Contracting Parties represented at the Conference and accepted
by each of the High Contracting Parties.
(d) Acceptance by the High Contracting Parties of amendments to the present Protocol,
which have been adopted by the Conference mentioned in subparagraphs (b) and (c), shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
(e) After the entry into force of amendments to the present Protocol, only the text of the said
Protocol thus amended shall remain open for ratification or accession.
In accordance with Article 102 of the Charter of the United Nations, the present Protocol shall
be registered with the Secretariat of the United Nations at the request of the Director-General of the
United Nations Educational, Scientific and Cultural Organization.
In faith whereof the undersigned, duly authorized, have signed the present Protocol.
Protection of cultural property in armed conflict (Second Protocol)
245
Done at The Hague, this fourteenth day of May, 1954, in English, French, Russian and Spanish,
the four texts being equally authoritative, in a single copy which shall be deposited in the archives
of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in paragraphs 6 and 8 as well as to the
United Nations.
76.(b) SECOND PROTOCOL TO THE HAGUE CONVENTION OF 1954 FOR THE
PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
Done at The Hague on 26 March 1999
Entry into force: 9 March 2004
United Nations, Treaty Series, vol. 2253, p. 172; Reg. No. 3511
The Parties,
Conscious of the need to improve the protection of cultural property in the event of armed conflict and to establish an enhanced system of protection for specifically designated cultural property;
Reaffirming the importance of the provisions of the Convention for the Protection of Cultural
Property in the Event of Armed Conflict, done at the Hague on 14 May 1954, and emphasizing the
necessity to supplement these provisions through measures to reinforce their implementation;
Desiring to provide the High Contracting Parties to the Convention with a means of being
more closely involved in the protection of cultural property in the event of armed conflict by establishing appropriate procedures therefor;
Considering that the rules governing the protection of cultural property in the event of armed
conflict should reflect developments in international law;
Affirming that the rules of customary international law will continue to govern questions not
regulated by the provisions of this Protocol;
Have agreed as follows:
Chapter 1. Introduction
Article 1. Definitions
For the purposes of this Protocol:
a. “Party” means a State Party to this Protocol;
b. “cultural property” means cultural property as defined in Article 1 of the Convention;
c. “Convention” means the Convention for the Protection of Cultural Property in the Event of
Armed Conflict, done at The Hague on 14 May 1954;
d. “High Contracting Party” means a State Party to the Convention;
e. “enhanced protection” means the system of enhanced protection established by Articles 10
and 11;
f. “military objective” means an object which by its nature, location, purpose, or use makes an
effective contribution to military action and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers a definite military advantage;
g. “illicit” means under compulsion or otherwise in violation of the applicable rules of the
domestic law of the occupied territory or of international law.
h. “List” means the International List of Cultural Property under Enhanced Protection established in accordance with Article 27, sub-paragraph 1(b);
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246
i. “Director-General” means the Director-General of UNESCO;
j. “UNESCO” means the United Nations Educational, Scientific and Cultural Organization;
k. “First Protocol” means the Protocol for the Protection of Cultural Property in the Event of
Armed Conflict done at The Hague on 14 May 1954;
Article 2. Relation to the Convention
This Protocol supplements the Convention in relations between the Parties.
Article 3. Scope of application
1. In addition to the provisions which shall apply in time of peace, this Protocol shall apply
in situations referred to in Article 18 paragraphs 1 and 2 of the Convention and in Article 22 paragraph 1.
2. When one of the parties to an armed conflict is not bound by this Protocol, the Parties to
this Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by
this Protocol in relation to a State party to the conflict which is not bound by it, if the latter accepts
the provisions of this Protocol and so long as it applies them.
Article 4. Relationship between Chapter 3 and other provisions of
the Convention and this Protocol
The application of the provisions of Chapter 3 of this Protocol is without prejudice to:
a. the application of the provisions of Chapter I of the Convention and of Chapter 2 of this
Protocol;
b. the application of the provisions of Chapter II of the Convention save that, as between
Parties to this Protocol or as between a Party and a State which accepts and applies this Protocol
in accordance with Article 3 paragraph 2, where cultural property has been granted both special
protection and enhanced protection, only the provisions of enhanced protection shall apply.
Chapter 2. General provisions regarding protection
Article 5. Safeguarding of cultural property
Preparatory measures taken in time of peace for the safeguarding of cultural property against
the foreseeable effects of an armed conflict pursuant to Article 3 of the Convention shall include,
as appropriate, the preparation of inventories, the planning of emergency measures for protection
against fire or structural collapse, the preparation for the removal of movable cultural property or
the provision for adequate in situ protection of such property, and the designation of competent
authorities responsible for the safeguarding of cultural property.
Article 6. Respect for cultural property
With the goal of ensuring respect for cultural property in accordance with Article 4 of the
Convention:
a. a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of
the Convention may only be invoked to direct an act of hostility against cultural property when
and for as long as:
i.
that cultural property has, by its function, been made into a military objective; and
ii.
there is no feasible alternative available to obtain a similar military advantage to
that offered by directing an act of hostility against that objective;
b. a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of
the Convention may only be invoked to use cultural property for purposes which are likely to expose
Protection of cultural property in armed conflict (Second Protocol)
247
it to destruction or damage when and for as long as no choice is possible between such use of the
cultural property and another feasible method for obtaining a similar military advantage;
c. the decision to invoke imperative military necessity shall only be taken by an officer commanding a force the equivalent of a battalion in size or larger, or a force smaller in size where circumstances do not permit otherwise;
d. in case of an attack based on a decision taken in accordance with sub-paragraph (a), an
effective advance warning shall be given whenever circumstances permit.
Article 7. Precautions in attack
Without prejudice to other precautions required by international humanitarian law in the
conduct of military operations, each Party to the conflict shall:
a. do everything feasible to verify that the objectives to be attacked are not cultural property
protected under Article 4 of the Convention;
b. take all feasible precautions in the choice of means and methods of attack with a view to
avoiding, and in any event to minimizing, incidental damage to cultural property protected under
Article 4 of the Convention;
c. refrain from deciding to launch any attack which may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in
relation to the concrete and direct military advantage anticipated; and
d. cancel or suspend an attack if it becomes apparent:
i.
that the objective is cultural property protected under Article 4 of the Convention;
ii.
that the attack may be cxpectcd to cause incidental damage to cultural property
protected under Article 4 of the Convention which would be excessive in relation
to the concrete and direct military advantage anticipated.
Article 8. Precautions against the effects of hostilities
The Parties to the conflict shall, to the maximum extent feasible:
a. remove movable cultural property from the vicinity of military objectives or provide for
adequate in situ protection;
b. avoid locating military objectives near cultural property.
Article 9. Protection of cultural property in occupied territory
1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party in occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation to
the occupied territory:
a. any illicit export, other removal or transfer of ownership of cultural property;
b. any archaeological excavation, save where this is strictly required to safeguard, record or
preserve cultural property;
c. any alteration to, or change of use of, cultural property which is intended to conceal or
destroy cultural, historical or scicntific evidence.
2. Any archaeological excavation of, alteration to, or change of use of, cultural property in
occupied territory shall, unless circumstances do not permit, be carried out in close co-operation
with the competent national authorities of the occupied territory.
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X. Law of armed conflict
Chapter 3. Enhanced Protection
Article 10. Enhanced protection
Cultural property may be placed under enhanced protection provided that it meets the following three conditions:
a. it is cultural heritage of the greatest importance for humanity;
b. it is protected by adequate domestic legal and administrative measures recognising its
exceptional cultural and historic value and ensuring the highest level of protection;
c. it is not used for military purposes or to shield military sites and a declaration has been made
by the Party which has control over the cultural property, confirming that it will not be so used.
Article 11. The granting of enhanced protection
1. Each Party should submit to the Committee a list of cultural property for which it intends
to request the granting of enhanced protection.
2. The Party which has jurisdiction or control over the cultural property may request that it be
included in the List to be established in accordance with Article 27 sub-paragraph 1(b). This request
shall include all necessary information related to the criteria mentioned in Article 10. The Committee may invite a Party to request that cultural property be included in the List.
3. Other Parties, the International Committee of the Blue Shield and other non-governmental
organisations with relevant expertise may recommend specific cultural property to the Committee. In such cases, the Committee may decide to invite a Party to request inclusion of that cultural
property in the List.
4. Neither the request for inclusion of cultural property situated in a territory, sovereignty or
jurisdiction over which is claimed by more than one State, nor its inclusion, shall in any way prejudice the rights of the parties to the dispute.
5. Upon receipt of a request for inclusion in the List, the Committee shall inform all Parties of
the request. Parties may submit representations regarding such a request to the Committee within
sixty days. These representations shall be made only on the basis of the criteria mentioned in Article 10. They shall be specific and related to facts. The Committee shall consider the representations,
providing the Party requesting inclusion with a reasonable opportunity to respond before taking
the decision. When such representations are before the Committee, decisions for inclusion in the
List shall be taken, notwithstanding Article 26, by a majority of four-fifths of its members present
and voting.
6. In deciding upon a request, the Committee should ask the advice of governmental and nongovernmental organisations, as well as of individual experts.
7. A deeision to grant or deny enhanced protection may only be made on the basis of the criteria mentioned in Article 10.
8. In exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List cannot fulfil the criteria of Article 10 sub-paragraph (b), the
Committee may decide to grant enhanced protection, provided that the requesting Party submits a
request for international assistance under Article 32.
9. Upon the outbreak of hostilities, a Party to the conflict may request, on an emergency basis,
enhanced protection of cultural property under its jurisdiction or control by communicating this
request to the Committee. The Committee shall transmit this request immediately to all Parties to
the conflict. In such cases the Committee will consider representations from the Parties concerned
on an expedited basis. The decision to grant provisional enhanced protection shall be taken as soon
as possible and, notwithstanding Article 26, by a majority of four-fifths of its members present and
voting. Provisional enhanced protection may be granted by the Committee pending the outcome
of the regular procedure for the granting of enhanced protection, provided that the provisions of
Article 10 sub-paragraphs (a) and (c) are met.
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10. Enhanced protection shall be granted to cultural property by the Committee from the
moment of its entry in the List.
11. The Director-General shall, without delay, send to the Secretary-General of the United
Nations and to all Parties notification of any decision of the Committee to include cultural property
on the List.
Article 12. Immunity of cultural property under enhanced protection
The Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from making such property the object of attack or from any use of the property
or its immediate surroundings in support of military action.
Article 13. Loss of enhanced protection
1. Cultural property under enhanced protection shall only lose such protection:
a. if such protection is suspended or cancelled in accordance with Article 14; or
b. if, and for as long as, the property has, by its use, become a military objective.
2. In the circumstances of sub-paragraph 1(b), such property may only be the object of attack if:
a. the attack is the only feasible means of terminating the use of the property referred to in
sub-paragraph 1(b);
b. all feasible precautions are taken in the choice of means and methods of attack, with a view
to terminating such use and avoiding, or in any event minimising, damage to the cultural property;
c. unless circumstances do not permit, due to requirements of immediate self-defence:
i. the attack is ordered at the highest operational level of command;
ii. effective advance warning is issued to the opposing forces requiring the termination of the use referred to in sub-paragraph 1(b); and
iii. Reasonable time is given to the opposing forces to redress the situation.
Article 14. Suspension and cancellation of enhanced protection
1. Where cultural property no longer meets any one of the criteria in Article 10 of this Protocol,
the Committee may suspend its enhanced protection status or cancel that status by removing that
cultural property from the List.
2. In the case of a serious violation of Article 12 in relation to cultural property under
enhanced protection arising from its use in support of military action, the Committee may suspend
its enhanced protection status. Where such violations are continuous, the Committee may exceptionally cancel the enhanced protection status by removing the cultural property from the List.
3. The Director-General shall, without delay, send to the Secretary-General of the United
Nations and to all Parties to this Protocol notification of any decision of the Committee to suspend
or cancel the enhanced protection of cultural property.
4. Before taking such a decision, the Committee shall afford an opportunity to the Parties to
make their views known.
Chapter 4. Criminal responsibility and jurisdiction
Article 15. Serious violations of this Protocol
1. Any person commits an offence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts:
a. making cultural property under enhanced protection the object of attack;
b. using cultural property under enhanced protection or its immediate surroundings in support of military action;
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c. extensive destruction or appropriation of cultural property protected under the Convention
and this Protocol;
d. making cultural property protected under the Convention and this Protocol the object of
attack;
e. theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention.
2. Each Party shall adopt such measures as may be necessary to establish as criminal offences
under its domestic law the offences set forth in this Article and to make such offences punishable
by appropriate penalties. When doing so, Parties shall comply with general principles of law and
international law, including the rules extending individual criminal responsibility to persons other
than those who directly commit the act.
Article 16. Jurisdiction
1. Without prejudice to paragraph 2, each Party shall take the necessary legislative measures
to establish its jurisdiction over offences set forth in Article 15 in the following cases:
a. when such an offence is committed in the territory of that State;
b. when the alleged offender is a national of that State;
c. in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when the alleged
offender is present in its territory.
2. With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention:
a. this Protocol does not preclude the incurring of individual criminal responsibility or the
exercise of jurisdiction under national and international law that may be applicable, or affect the
exercise of jurisdiction under customary international law;
b. except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3 paragraph 2, members of the armed forces and nationals of a State
which is not Party to this Protocol, except for those nationals serving in the armed forces of a State
which is a Party to this Protocol, do not incur individual criminal responsibility by virtue of this
Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or
to extradite them.
Article 17. Prosecution
1. The Party in whose territory the alleged offender of an offence set forth in Article 15 sub-paragraphs 1 (a) to (c) is found to be present shall, if it does not extradite that person, submit, without
exception whatsoever and without undue delay, the case to its competent authorities, for the purpose
of prosecution, through proceedings in accordance with its domestic law or with, if applicable, the
relevant rules of international law.
2. Without prejudice to, if applicable, the relevant rules of international law, any person regarding whom proceedings are being carried out in connection with the Convention or this Protocol
shall be guaranteed fair treatment and a fair trial in accordance with domestic law and international
law at all stages of the proceedings, and in no cases shall be provided guarantees less favorable to
such person than those provided by international law.
Article 18. Extradition
1. The offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall be deemed to be included
as extraditable offences in any extradition treaty existing between any of the Parties before the entry
into force of this Protocol. Parties undertake to include such offences in every extradition treaty to
be subsequently concluded between them.
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2. When a Party which makes extradition conditional on the existence of a treaty receives a
request for extradition from another Party with which it has no extradition treaty, the requested
Party may, at its option, consider the present Protocol as the legal basis for extradition in respect of
offences as set forth in Article 15 sub-paragraphs 1 (a) to (c).
3. Parties which do not make extradition conditional on the existence of a treaty shall recognise the offences set forth in Article 15 sub-paragraphs 1 (a) to (c) as extraditable offences between
them, subject to the conditions provided by the law of the requested Party.
4. If necessary, offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall be treated, for
the purposes of extradition between Parties, as if they had been committed not only in the place
in which they occurred but also in the territory of the Parties that have established jurisdiction in
accordance with Article 16 paragraph 1.
Article 19. Mutual legal assistance
1. Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in Article 15, including assistance in obtaining evidence at their disposal necessary for the proceedings.
2. Parties shall carry out their obligations under paragraph 1 in conformity with any treaties
or other arrangements on mutual legal assistance that may exist between them. In the absence of
such treaties or arrangements, Parties shall afford one another assistance in accordance with their
domestic law.
Article 20. Grounds for refusal
1. For the purpose of extradition, offences set forth in Article 15 sub-paragraphs 1 (a) to (c),
and for the purpose of mutual legal assistance, offences set forth in Article 15 shall not be regarded
as political offences nor as offences connected with political offences nor as offences inspired by
political motives. Accordingly, a request for extradition or for mutual legal assistance based on such
offences may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.
2. Nothing in this Protocol shall be interpreted as imposing an obligation to extradite or to
afford mutual legal assistance if the requested Party has substantial grounds for believing that the
request for extradition for offences set forth in Article 15 sub-paragraphs 1 (a) to (c) or for mutual
legal assistance with respect to offences set forth in Article 15 has been made for the purpose of
prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person’s
position for any of these reasons.
Article 21. Measures regarding other violations
Without prejudice to Article 28 of the Convention, each Party shall adopt such legislative,
administrative or disciplinary measures as may be necessary to suppress the following acts when
committed intentionally:
a. any use of cultural property in violation of the Convention or this Protocol;
b. any illicit export, other removal or transfer of ownership of cultural property from occupied
territory in violation of the Convention or this Protocol.
Chapter 5. The protection of cultural property in armed conflicts
not of an international character
Article 22. Armed conflicts not of an international character
1. This Protocol shall apply in the event of an armed conflict not of an international character,
occurring within the territory of one of the Parties.
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2. This Protocol shall not apply to situations of internal disturbances and tensions, such as
riots, isolated and sporadic acts of violence and other aets of a similar nature.
3. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a
State or the responsibility of the government, by all legitimate means, to maintain or re-establish law
and order in the State or to defend the national unity and territorial integrity of the State.
4. Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in whose territory an armed conflict not of an international character occurs over the violations set forth in
Article 15.
5. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the Party
in the territory of which that conflict occurs.
6. The application of this Protocol to the situation referred to in paragraph 1 shall not affect
the legal status of the parties to the conflict.
7. UNESCO may offer its services to the parties to the conflict.
Chapter 6. Institutional Issues
Article 23. Meeting of the Parties
1. The Meeting of the Parties shall be convened at the same time as the General Conference of
UNESCO, and in co-ordination with the Meeting of the High Contracting Parties, if such a meeting
has been called by the Director-General.
2. The Meeting of the Parties shall adopt its Rules of Procedure.
3. The Meeting of the Parties shall have the following functions:
(a)
to elect the Members of the Committee, in accordance with Article 24 paragraph 1;
(b) to endorse the Guidelines developed by the Committee in accordance with Article 27
sub-paragraph 1(a);
(c)
to provide guidelines for, and to supervise the use of the Fund by the Committee;
(d) to consider the report submitted by the Committee in accordance with Article 27 subparagraph 1(d);
(e) to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate.
4. At the request of at least one-fifth of the Parties, the Director-General shall convene an
Extraordinary Meeting of the Parties.
Article 24. Committee for the Protection of Cultural Property
in the Event of Armed Conflict
1. The Committee for the Protection of Cultural Property in the Event of Armed Conflict is
hereby established. It shall be composed of twelve Parties which shall be elected by the Meeting of
the Parties.
2. The Committee shall meet once a year in ordinary session and in extra-ordinary sessions
whenever it deems necessary.
3. In determining membership of the Committee, Parties shall seek to ensure an equitable
representation of the different regions and cultures of the world.
4. Parties members of the Committee shall choose as their representatives persons qualified
in the fields of cultural heritage, defence or international law, and they shall endeavour, in consultation with one another, to ensure that the Committee as a whole contains adequate expertise in all
these fields.
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Article 25. Term of office
1. A Party shall be elected to the Committee for four years and shall be eligible for immediate
re-election only once.
2. Notwithstanding the provisions of paragraph 1, the term of office of half of the members
chosen at the time of the first election shall cease at the end of the first ordinary session of the Meeting of the Parties following that at which they were elected. These members shall be chosen by lot
by the President of this Meeting after the first election.
Article 26. Rules of procedure
1. The Committee shall adopt its Rules of Procedure.
2. A majority of the members shall constitute a quorum. Decisions of the Committee shall be
taken by a majority of two-thirds of its members voting.
3. Members shall not participate in the voting on any decisions relating to cultural property
affected by an armed conflict to which they are parties.
Article 27. Functions
1. The Committee shall have the following functions:
a. to develop Guidelines for the implementation of this Protocol;
b. to grant, suspend or cancel enhanced protection for cultural property and to establish,
maintain and promote the List of Cultural Property under Enhanced Protection;
c. to monitor and supervise the implementation of this Protocol and promote the identification
of cultural property under enhanced protection;
d. to consider and comment on reports of the Parties, to seek clarifications as required, and
prepare its own report on the implementation of this Protocol for the Meeting of the Parties;
e. to receive and consider requests for international assistance under Article 32;
f. to determine the use of the Fund;
g. to perform any other function which may be assigned to it by the Meeting of the Parties.
2. The functions of the Committee shall be performed in co-operation with the DirectorGeneral.
3. The Committee shall co-operate with international and national governmental and nongovernmental organizations having objectives similar to those of the Convention, its First Protocol
and this Protocol. To assist in the implementation of its functions, the Committee may invite to its
meetings, in an advisory capacity, eminent professional organizations such as those which have formal relations with UNESCO, including the International Committee of the Blue Shield (ICBS) and
its constituent bodies. Representatives of the International Centre for the Study of the Preservation
and Restoration of Cultural Property (Rome Centre) (ICCROM) and of the International Committee of the Red Cross (1CRC) may also be invited to attend in an advisory capacity.
Article 28. Secretariat
The Committee shall be assisted by the Secretariat of UNESCO which shall prepare the Committee’s documentation and the agenda for its meetings and shall have the responsibility for the
implementation of its decisions.
Article 29. The Fund for the Protection of Cultural Property
in the Event of Armed Conflict
1. A Fund is hereby established for the following purposes:
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a. to provide financial or other assistance in support of preparatory or other measures to be
taken in peacetime in accordance with, inter alia, Article 5, Article 10 sub-paragraph (b) and Article
30; and
b. to provide financial or other assistance in relation to emergency, provisional or other measures to be taken in order to protect cultural property during periods of armed conflict or of immediate recovery after the end of hostilities in accordance with, inter alia, Article 8 sub-paragraph (a).
2. The Fund shall constitute a trust fund, in conformity with the provisions of the financial
regulations of UNESCO.
3. Disbursements from the Fund shall be used only for such purposes as the Committee shall
decide in accordance with the guidelines as defined in Article 23 sub-paragraph 3(c). The Committee may accept contributions to be used only for a certain programme or project, provided that the
Committee shall have decided on the implementation of such programme or project.
4. The resources of the Fund shall consist of:
(a) voluntary contributions made by the Parties;
(b) contributions, gifts or bequests made by:
(i) other States;
(ii) UNESCO or other organizations of the United Nations system;
(iii) other intergovernmental or non-governmental organizations; and
(iv) public or private bodies or individuals;
(c) any interest accruing on the Fund;
(d) funds raised by collections and receipts from events organized for the benefit of the Fund;
and
(e) all other resources authorized by the guidelines applicable to the Fund.
Chapter 7. Dissemination of Information and International Assistance
Article 30. Dissemination
1. The Parties shall endeavour by appropriate means, and in particular by educational and
information programmes, to strengthen appreciation and respect for cultural property by their
entire population.
2. The Parties shall disseminate this Protocol as widely as possible, both in time of peace and
in time of armed conflict.
3. Any military or civilian authorities who, in time of armed conflict, assume responsibilities
with respect to the application of this Protocol, shall be fully acquainted with the text thereof. To
this end the Parties shall, as appropriate:
(a) incorporate guidelines and instructions on the protection of cultural property in their
military regulations;
(b) develop and implement, in cooperation with UNESCO and relevant governmental and
non-governmental organizations, peacetime training and educational programmes;
(c) communicate to one another, through the Director-General, information on the laws,
administrative provisions and measures taken under sub-paragraphs (a) and (b);
(d) communicate to one another, as soon as possible, through the Director-General, the laws
and administrative provisions which they may adopt to ensure the application of this Protocol.
Article 31. International cooperation
In situations of serious violations of this Protocol, the Parties undertake to act, jointly through
the Committee, or individually, in cooperation with UNESCO and the United Nations and in conformity with the Charter of the United Nations.
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Article 32. International assistance
1. A Party may request from the Committee international assistance for cultural property
under enhanced protection as well as assistance with respect to the preparation, development or
implementation of the laws, administrative provisions and measures referred to in Article 10.
2. A party to the conflict, which is not a Party to this Protocol but which accepts and applies
provisions in accordance with Article 3, paragraph 2, may request appropriate international assistance from the Committee.
3. The Committee shall adopt rules for the submission of requests for international assistance
and shall define the forms the international assistance may take.
4. Parties are encouraged to give technical assistance of all kinds, through the Committee, to
those Parties or parties to the conflict who request it.
Article 33. Assistance of UNESCO
1. A Party may call upon UNESCO for technical assistance in organizing the protection of its
cultural property, such as preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural
property, or in connection with any other problem arising out of the application of this Protocol.
UNESCO shall accord such assistance within the limits fixed by its programme and by its resources.
2. Parties are encouraged to provide technical assistance at bilateral or multilateral level.
3. UNESCO is authorized to make, on its own initiative, proposals on these matters to the
Parties.
Chapter 8. Execution of this Protocol
Article 34. Protecting Powers
This Protocol shall be applied with the co-operation of the Protecting Powers responsible for
safeguarding the interests of the Parties to the conflict.
Article 35. Conciliation procedure
1. The Protecting Powers shall lend their good offices in all cases where they may deem it useful
in the interests of cultural property, particularly if there is disagreement between the Parties to the
conflict as to the application or interpretation of the provisions of this Protocol.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party,
of the Director-General, or on its own initiative, propose to the Parties to the conflict a meeting of
their representatives, and in particular of the authorities responsible for the protection of cultural
property, if considered appropriate, on the territory of a State not party to the conflict. The Parties
to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a State not
party to the conflict or a person presented by the Director-General, which person shall be invited to
take part in such a meeting in the capacity of Chairman.
Article 36. Conciliation in absence of Protecting Powers
1. In a conflict where no Protecting Powers are appointed the Director-General may lend good
offices or act by any other form of conciliation or mediation, with a view to settling the disagreement.
2. At the invitation of one Party or of the Director-General, the Chairman of the Committee
may propose to the Parties to the conflict a meeting of their representatives, and in particular of
the authorities responsible for the protection of cultural property, if considered appropriate, on the
territory of a State not party to the conflict.
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Article 37. Translations and reports
1. The Parties shall translate this Protocol into their official languages and shall communicate
these official translations to the Director-General.
2. The Parties shall submit to the Committee, every four years, a report on the implementation
of this Protocol.
Article 38. State responsibility
No provision in this Protocol relating to individual criminal responsibility shall affect the
responsibility of States under international law, including the duty to provide reparation.
Chapter 9. Final Clauses
Article 39. Languages
This Protocol is drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six
texts being equally authentic.
Article 40. Signature
This Protocol shall bear the date of 26 March 1999. It shall be opened for signature by all High
Contracting Parties at The Hague from 17 May 1999 until 31 December 1999.
Article 41. Ratification, acceptance or approval
1. This Protocol shall be suhject to ratification, acceptance or approval by High Contracting
Parties which have signed this Protocol, in accordance with their respective constitutional procedures.
2. The instruments of ratification, acceptance or approval shall be deposited with the DirectorGeneral.
Article 42. Accession
1. This Protocol shall be open for accession by other High Contracting Parties from 1 January 2000.
2. Accession shall be effected by the deposit of an instrument of accession with the DirectorGeneral.
Article 43. Entry into force
1. This Protocol shall enter into force three months after twenty instruments of ratification,
acceptance, approval or accession have been deposited.
2. Thereafter, it shall enter into force, for each Party, three months after the deposit of its
instrument of ratification, acceptance, approval or accession.
Article 44. Entry into force in situations of armed conflict
The situations referred to in Articles 18 and 19 of the Convention shall give immediate effect
to ratifications, acceptances or approvals of or accessions to this Protocol deposited by the parties to
the conflict either before or after the beginning of hostilities or occupation. In such cases the Director-General shall transmit the communications referred to in Article 46 by the speediest method.
Article 45. Denunciation
1. Each Party may denounce this Protocol.
2. The denunciation shall be notified by an instrument in writing, deposited with the DirectorGeneral.
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3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict,
the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
Article 46. Notifications
The Director-General shall inform all High Contracting Parties as well as the United Nations,
of the deposit of all the instruments of ratification, acceptance, approval or accession provided for
in Articles 41 and 42 and of denunciations provided for Article 45.
Article 47. Registration with the United Nations
In conformity with Article 102 of the Charter of the United Nations, this Protocol shall be
registered with the Secretariat of the United Nations at the request of the Director-General.
In faith whereof the undersigned, duly authorized, have signed the present Protocol.
Done at The Hague, this twenty-sixth day of March 1999, in a single copy which shall be
deposited in the archives of the UNESCO, and certified true copies of which shall be delivered to
all the High Contracting Parties.
77. UNESCO Declaration concerning the Intentional
Destruction of Cultural Heritage
UNESCO General Conference resolution 32 C/33 of 17 October 2003
The General Conference of the United Nations Educational, Scientific and Cultural Organization meeting in Paris at its thirty-second session in 2003,
Recalling the tragic destruction of the Buddhas of Bamiyan that affected the international
community as a whole,
Expressing serious concern about the growing number of acts of intentional destruction of
cultural heritage,
Referring to Article I(2)(c) of the Constitution of UNESCO that entrusts UNESCO with the
task of maintaining, increasing and diffusing knowledge by “assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, and
recommending to the nations concerned the necessary international conventions”,
Recalling the principles of all UNESCO’s conventions, recommendations, declarations and
charters for the protection of cultural heritage,
Mindful that cultural heritage is an important component of the cultural identity of communities, groups and individuals, and of social cohesion, so that its intentional destruction may have
adverse consequences on human dignity and human rights,
Reiterating one of the fundamental principles of the Preamble of the 1954 Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict providing that “damage to
cultural property belonging to any people whatsoever means damage to the cultural heritage of all
mankind, since each people makes its contribution to the culture of the world”,
Recalling the principles concerning the protection of cultural heritage in the event of armed
conflict established in the 1899 and 1907 Hague Conventions and, in particular, in Articles 27 and
56 of the Regulations of the 1907 Fourth Hague Convention, as well as other subsequent agreements,
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Mindful of the development of rules of customary international law as also affirmed by the
relevant case-law, related to the protection of cultural heritage in peacetime as well as in the event
of armed conflict,
Also recalling Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute of the International Criminal Court, and, as appropriate, Article 3(d) of the Statute of the International Criminal Tribunal for
the former Yugoslavia, related to the intentional destruction of cultural heritage,
Reaffirming that issues not fully covered by the present Declaration and other international
instruments concerning cultural heritage will continue to be governed by the principles of international law, the principles of humanity and the dictates of public conscience,
Adopts and solemnly proclaims the present Declaration:
I - Recognition of the importance of cultural heritage
The international community recognizes the importance of the protection of cultural heritage
and reaffirms its commitment to fight against its intentional destruction in any form so that such
cultural heritage may be transmitted to the succeeding generations.
II - Scope
1. The present Declaration addresses intentional destruction of cultural heritage including
cultural heritage linked to a natural site.
2. For the purposes of this Declaration “intentional destruction” means an act intended to
destroy in whole or in part cultural heritage, thus compromising its integrity, in a manner which
constitutes a violation of international law or an unjustifiable offence to the principles of humanity
and dictates of public conscience, in the latter case in so far as such acts are not already governed by
fundamental principles of international law.
III - Measures to combat intentional destruction of cultural heritage
1. States should take all appropriate measures to prevent, avoid, stop and suppress acts of
intentional destruction of cultural heritage, wherever such heritage is located.
2. States should adopt the appropriate legislative, administrative, educational and technical
measures, within the framework of their economic resources, to protect cultural heritage and should
revise them periodically with a view to adapting them to the evolution of national and international
cultural heritage protection standards.
3. States should endeavour, by all appropriate means, to ensure respect for cultural heritage in
society, particularly through educational, awareness-raising and information programmes.
4. States should:
(a) become parties to the 1954 Hague Convention for the Protection of Cultural Property
in the Event of Armed Conflict and its two 1954 and 1999 Protocols and the Additional Protocols I
and II to the four 1949 Geneva Conventions, if they have not yet done so;
(b) promote the elaboration and the adoption of legal instruments providing a higher standard of protection of cultural heritage, and
(c) promote a coordinated application of existing and future instruments relevant to the
protection of cultural heritage.
IV - Protection of cultural heritage when conducting peacetime activities
When conducting peacetime activities, States should take all appropriate measures to conduct them in such a manner as to protect cultural heritage and, in particular, in conformity with
the principles and objectives of the 1972 Convention for the Protection of the World Cultural and
Natural Heritage, of the 1956 Recommendation on International Principles Applicable to Archaeological Excavations, the 1968 Recommendation concerning the Preservation of Cultural Property
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Endangered by Public or Private Works, the 1972 Recommendation concerning the Protection, at
National Level, of the Cultural and Natural Heritage and the 1976 Recommendation concerning the
Safeguarding and Contemporary Role of Historic Areas.
V- Protection of cultural heritage in the event of armed conflict, including
the case of occupation
When involved in an armed conflict, be it of an international or non-international character,
including the case of occupation, States should take all appropriate measures to conduct their activities in such a manner as to protect cultural heritage, in conformity with customary international
law and the principles and objectives of international agreements and UNESCO recommendations
concerning the protection of such heritage during hostilities.
VI - State responsibility
A State that intentionally destroys or intentionally fails to take appropriate measures to prohibit, prevent, stop, and punish any intentional destruction of cultural heritage of great importance
for humanity, whether or not it is inscribed on a list maintained by UNESCO or another international organization, bears the responsibility for such destruction, to the extent provided for by
international law.
VII - Individual criminal responsibility
States should take all appropriate measures, in accordance with international law, to establish
jurisdiction over, and provide effective criminal sanctions against, those persons who commit, or
order to be committed, acts of intentional destruction of cultural heritage of great importance for
humanity, whether or not it is inscribed on a list maintained by UNESCO or another international
organization.
VIII - Cooperation for the protection of cultural heritage
1. States should cooperate with each other and with UNESCO to protect cultural heritage from
intentional destruction. Such cooperation should entail at least: (i) provision and exchange of information regarding circumstances entailing the risk of intentional destruction of cultural heritage; (ii)
consultation in the event of actual or impending destruction of cultural heritage; (iii) consideration
of assistance to States, as requested by them, in the promotion of educational programmes, awareness-raising and capacity-building for the prevention and repression of any intentional destruction
of cultural heritage; (iv) judicial and administrative assistance, as requested by interested States, in
the repression of any intentional destruction of cultural heritage.
2. For the purposes of more comprehensive protection, each State is encouraged to take all
appropriate measures, in accordance with international law, to cooperate with other States concerned with a view to establishing jurisdiction over, and providing effective criminal sanctions
against, those persons who have committed or have ordered to be committed acts referred to above
(VII - Individual criminal responsibility) and who are found present on its territory, regardless of
their nationality and the place where such act occurred.
IX - Human rights and international humanitarian law
In applying this Declaration, States recognize the need to respect international rules related
to the criminalization of gross violations of human rights and international humanitarian law, in
particular, when intentional destruction of cultural heritage is linked to those violations.
X - Public awareness
States should take all appropriate measures to ensure the widest possible dissemination of this
Declaration to the general public and to target groups, inter alia, by organizing public awarenessraising campaigns.
Chapter XI
International Criminal Law
International crimes
78. Affirmation of the Principles of international Law
recognized by the Charter of the Nürnberg Tribunal
General Assembly resolution 95 (I) of 11 December 1946
The General Assembly,
Recognizes the obligation laid upon it by Article 13, .paragraph 1, sub-paragraph a, of the Charter, to initiate studies and make recommendations for the purpose of encouraging the progressive
development of international law and its codification;
Takes note of the Agreement for the establishment of an International Military Tribunal for the
prosecution and punishment of the major war criminals of the European Axis signed in London on
8 August 1945, and of the Charter annexed thereto, and of the fact that similar principles have been
adopted in the Charter of the International Military Tribunal for the trial of the major war criminals
in the Far East, proclaimed at Tokyo on 19 January 1946:
Therefore,
Affirms the principles of international law recognized by the Charter of the Nürnberg Tribunal
and the judgment of the Tribunal;
Directs the Committee on the codification of international law established by the resolution
of the General Assembly of 11 December 1946, to treat as a matter of primary importance plans for
the formulation, in the context of a general codification of offences against the peace and security
of mankind, or of an International Criminal Code, of the principles recognized in the Charter of
the Nürnberg Tribunal and in the judgment of the Tribunal.
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264
79. Convention on the Prevention and Punishment of
the Crime of Genocide
Done at Paris on 9 December 1948
Entry into force: 12 January 1951
United Nations, Treaty Series, vol. 78, p. 277; Reg. No. 1021
The Contracting Parties,
Having considered the declaration made by the General Assembly of the United Nations in its
resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary
to the spirit and aims of the United Nations and condemned by the civilized world;
Recognizing that at all periods of history genocide has inflicted great losses on humanity; and
Being convinced that, in order to liberate mankind from such an odious scourge, international
co-operation is required.
Hereby agree as hereinafter provided:
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time
of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(а)
Killing members of the group;
(b)
Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e)
Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a)
Genocide;
(b)
Conspiracy to commit genocide;
(c)
Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e)
Complicity in genocide.
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions,
the necessary legislation to give effect to the provisions of the present Convention and, in particular,
to provide effective penalties for persons guilty of genocide or of any of the other acts enumerated
in article III.
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265
Article VI
Persons charged with genocide or any of the other acts enumerated in article III shall be tried
by a competent tribunal of the State in the territory of which the act was committed, or by such
international penal tribunal as may have jurisdiction with respect to those Contracting Parties
which shall have accepted its jurisdiction.
Article VII
Genocide and the other acts enumerated in article III shall not be considered as political
crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance
with their laws and treaties in force.
Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such
action under the Charter of the United Nations as they consider appropriate for the prevention and
suppression of acts of genocide or any of the other acts enumerated in article III.
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide
or for any of the other acts enumerated in article III, shall be submitted to the International Court
of Justice at the request of any of the parties to the dispute.
Article X
The present Convention, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall bear the date of 9 December 1948,
Article XI
The present Convention shall be open until 31 December 1949 for signature on behalf of any
Member of the United Nations and of any non-member State to which an invitation to sign has been
addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
After 1 January 1950 the present Convention may be acceded to on behalf of any Member of
the United Nations and of any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article XII
Any Contracting Party may at any time, by notification addressed to the Secretary-General of
the United Nations, extend the application of the present Convention to all or any of the territories
for the conduct of whose foreign relations that Contracting Party is responsible.
Article XIII
On the day when the first twenty instruments of ratification or accession have been deposited,
the Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of
the United Nations and to each of the non-member States contemplated in article XI.
The present Convention shall come into force on the ninetieth day following the date of deposit
of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the
ninetieth day following the deposit of the instrument of ratification or accession.
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Article XIV
The present Convention shall remain in effect for a period of ten years as from the date of its
coming into force.
It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the Secretary-General of
the United Nations.
Article XV
If, as a result of denunciations, the number of Parties to the present Convention should become
less than sixteen, the Convention shall cease to be in force as from the date on which the last of these
denunciations shall become effective.
Article XVI
A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.
Article XVII
The Secretary-General of the United Nations shall notify all Members of the United Nations
and the non-member States contemplated in article XI of the following:
(a)
Signatures, ratifications and accessions received in accordance with article XI;
(b)
Notifications received in accordance with article XII;
(c)
cle XIII;
The date upon which the present Convention comes into force in accordance with arti-
(d) Denunciations received in accordance with article XIV;
(e)
The abrogation of the Convention in accordance with article XV;
(f ) Notifications received in accordance with article XVI.
Article XVIII
The original of the present Convention shall be deposited in the archives of the United Nations.
A certified copy of the Convention shall be transmitted to each Member of the United Nations
and to each of the non-member States contemplated in article XI.
Article XIX
The present Convention shall be registered by the Secretary-General of the United Nations on
the date of its coming into force.
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80. INTERNATIONAL CONVENTION ON THE SUPPRESSION AND
PUNISHMENT OF THE CRIME OF APARTHEID
Done at New York on 30 November 1973
Entry into force: 18 July 1976
United Nations, Treaty Series, vol. 1015, p. 243; Reg. No. 14861
The States Parties to the present Convention,
Recalling the provisions of the Charter of the United Nations, in which all Members pledged
themselves to take joint and separate action in co-operation with the Organization for the achievement of universal respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language or religion,
Considering the Universal Declaration of Human Rights, which states that all human beings
are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, such as race, colour or national
origin,
Considering the Declaration on the Granting of Independence to Colonial Countries and
Peoples, in which the General Assembly stated that the process of liberation is irresistible and irreversible and that, in the interests of human dignity, progress and justice, an end must be put to
colonialism and all practices of segregation and discrimination associated therewith,
Observing that, in accordance with the International Convention on the Elimination of All
Forms of Racial Discrimination, States particularly condemn racial segregation and apartheid and
undertake to prevent, prohibit and eradicate all practices of this nature in territories under their
jurisdiction,
Observing that, in the Convention on the Prevention and Punishment of the Crime of Genocide, certain acts which may also be qualified as acts of apartheid constitute a crime under international law,
Observing that, in the Convention on the non-applicability of statutory limitations to war
crimes and crimes against humanity, “inhuman acts resulting from the policy of apartheid” are
qualified as crimes against humanity,
Observing that the General Assembly of the United Nations has adopted a number of resolutions in which the policies and practices of apartheid are condemned as a crime against humanity,
Observing that the Security Council has emphasized that apartheid and its continued intensification and expansion seriously disturb and threaten international peace and security,
Convinced that an International Convention on the Suppression and Punishment of the Crime
of Apartheid would make it possible to take more effective measures at the international and national levels with a view to the suppression and punishment of the crime of apartheid,
Have agreed as follows:
Article I
1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies
and practices of racial segregation and discrimination, as defined in article II of the Convention, are
crimes violating the principles of international law, in particular the purposes and principles of the
Charter of the United Nations, and constituting a serious threat to international peace and security.
2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.
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XI. International criminal law
Article II
For the purpose of the present Convention, the term “the crime of apartheid”, which shall
include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and
maintaining domination by one racial group of persons over any other racial group of persons and
systematically oppressing them:
(a) denial to a member or members of a racial group or groups of the right to life and liberty
of person:
(i) by murder of members of a racial group or groups;
(ii) by the infliction upon the members of a racial group or groups of serious bodily
or mental harm, by the infringement of their freedom or dignity, or by subjecting
them to torture or to cruel, inhuman or degrading treatment or punishment;
(iii) by arbitrary arrest and illegal imprisonment of the members of a racial group or
groups;
(b) deliberate imposition on a racial group or groups of living conditions calculated to cause
its or their physical destruction in whole or in part;
(c) any legislative measures and other measures calculated to prevent a racial group or
groups from participation in the political, social, economic and cultural life of the country and
the deliberate creation of conditions preventing the full development of such a group or groups, in
particular by denying to members of a racial group or groups basic human rights and freedoms,
including the right to work, the right to form recognized trade unions, the right to education, the
right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of
peaceful assembly and association;
(d) any measures, including legislative measures, designed to divide the population along
racial lines by the creation of separate reserves and ghettos for the members of a racial group or
groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
(e) exploitation of the labour of the members of a racial group or groups, in particular by
submitting them to forced labour;
(f) persecution of organizations and persons, by depriving them of fundamental rights and
freedoms, because they oppose apartheid.
Article III
International criminal responsibility shall apply, irrespective of the motive involved, to individuals, members of organizations and institutions and representatives of the State, whether residing in the
territory of the State in which the acts are perpetrated or in some other State, whenever they:
(a) commit, participate in, directly incite or conspire in the commission of the acts mentioned in article II of the present Convention;
(b) directly abet, encourage or co-operate in the commission of the crime of apartheid.
Article IV
The State Parties to the present Convention undertake:
(a) to adopt any legislative or other measures necessary to suppress as well as to prevent any
encouragement of the crime of apartheid and similar segregationist policies or their manifestations
and to punish persons guilty of that crime;
(b) to adopt legislative, judicial and administrative measures to prosecute, bring to trial and
punish in accordance with their jurisdiction persons responsible for, or accused of, the acts defined
in article II of the present Convention, whether or not such persons reside in the territory of the State
Crime of apartheid
269
in which the acts are committed or are nationals of that State or of some other State or are stateless
persons.
Article V
Persons charged with the acts enumerated in article II of the present Convention may be tried
by a competent tribunal of any State Party to the Convention which may acquire jurisdiction over
the person of the accused or by an international penal tribunal having jurisdiction with respect to
those States Parties which shall have accepted its jurisdiction.
Article VI
The States Parties to the present Convention undertake to accept and carry out in accordance
with the Charter of the United Nations the decisions taken by the Security Council aimed at the
prevention, suppression and punishment of the crime of apartheid, and to co-operate in the implementation of decisions adopted by other competent organs of the United Nations with a view to
achieving the purposes of the Convention.
Article VII
1. The States Parties to the present Convention undertake to submit periodic reports to the
group established under article IX on the legislative, judicial, administrative or other measures that
they have adopted and that give effect to the provisions of the Convention.
2. Copies of the reports shall be transmitted through the Secretary-General of the United
Nations to the Special Committee on Apartheid.
Article VIII
Any State Party to the present Convention may call upon any competent organ of the United
Nations to take such action under the Charter of the United Nations as it considers appropriate for
the prevention and suppression of the crime of apartheid.
Article IX
1. The Chairman of the Commission on Human Rights shall appoint a group consisting of
three members of the Commission on Human Rights, who are also representatives of States Parties to the present Convention, to consider reports submitted by States Parties in accordance with
article VII.
2. If, among the members of the Commission on Human Rights, there are no representatives
of States Parties to the present Convention or if there are fewer than three such representatives, the
Secretary-General of the United Nations shall, after consulting all States Parties to the Convention,
designate a representative of the State Party or representatives of the States Parties which are not
members of the Commission on Human Rights to take part in the work of the group established in
accordance with paragraph 1 of this article, until such time as representatives of the States Parties
to the Convention are elected to the Commission on Human Rights.
3. The group may meet for a period of not more than five days, either before the opening or
after the closing of the session of the Commission on Human Rights, to consider the reports submitted in accordance with article VII.
Article X
1. The States Parties to the present Convention empower the Commission on Human Rights:
(a) to request United Nations organs, when transmitting copies of petitions under article 15 of
the International Convention on the Elimination of All Forms of Racial Discrimination, to draw its
attention to complaints concerning acts which are enumerated in article II of the present Convention;
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XI. International criminal law
(b) to prepare, on the basis of reports from competent organs of the United Nations and
periodic reports from States Parties to the present Convention, a list of individuals, organizations,
institutions and representatives of States which are alleged to be responsible for the crimes enumerated in article II of the Convention, as well as those against whom legal proceedings have been
undertaken by States Parties to the Convention;
(c) to request information from the competent United Nations organs concerning measures
taken by the authorities responsible for the administration of Trust and Non-Self-Governing Territories, and all other Territories to which General Assembly resolution 1514 (XV) of 14 December
1960 applies, with regard to such individuals alleged to be responsible for crimes under article II of
the Convention who are believed to be under their territorial and administrative jurisdiction.
2. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), the
provisions of the present Convention shall in no way limit the right of petition granted to those
peoples by other international instruments or by the United Nations and its specialized agencies.
Article XI
1. Acts enumerated in article II of the present Convention shall not be considered political
crimes for the purpose of extradition.
2. The States Parties to the present Convention undertake in such cases to grant extradition in
accordance with their legislation and with the treaties in force.
Article XII
Disputes between States Parties arising out of the interpretation, application or implementation of the present Convention which have not been settled by negotiation shall, at the request of
the States Parties to the dispute, be brought before the International Court of Justice, save where the
parties to the dispute have agreed on some other form of settlement.
Article XIII
The present Convention is open for signature by all States. Any State which does not sign the
Convention before its entry into force may accede to it.
Article XIV
1. The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary‑General of the United Nations.
Article XV
1. The present Convention shall enter into force on the thirtieth day after the date of the deposit
with the Secretary-General of the United Nations of the twentieth instrument of ratification or
accession.
2. For each State ratifying the present Convention or acceding to it after the deposit of the
twentieth instrument of ratification or instrument of accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument
of accession.
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271
Article XVI
A State Party may denounce the present Convention by written notification to the Secretary‑General of the United Nations. Denunciation shall take effect one year after the date of receipt
of the notification by the Secretary-General.
Article XVII
1. A request for the revision of the present Convention may be made at any time by any State
Party by means of a notification in writing addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken
in respect of such request.
Article XVIII
The Secretary-General of the United Nations shall inform all States of the following particulars:
(a) signatures, ratifications and accessions under articles XIII and XIV;
(b) the date of entry into force of the present Convention under article XV;
(c) denunciations under article XVI;
(d) notifications under article XVII.
Article XIX
1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts
are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Convention to all States.
81. Draft Code of Crimes against the Peace and
Security of Mankind
Yearbook of the International Law Commission, 1996, vol. II (Part Two)
Part one. General provisions
Article 1. Scope and application of the present Code
1. The present Code applies to the crimes against the peace and security of mankind set out
in part two.
2. Crimes against the peace and security of mankind are crimes under international law and
punishable as such, whether or not they are punishable under national law.
Article 2. Individual responsibility
1. A crime against the peace and security of mankind entails individual responsibility.
2. An individual shall be responsible for the crime of aggression in accordance with article 16.
3. An individual shall be responsible for a crime set out in article 17, 18, 19 or 20 if that individual:
(a) intentionally commits such a crime;
(b) orders the commission of such a crime which in fact occurs or is attempted;
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XI. International criminal law
(c) fails to prevent or repress the commission of such a crime in the circumstances set out in
article 6;
(d) knowingly aids, abets or otherwise assists, directly and substantially, in the commission
of such a crime, including providing the means for its commission;
(e)
occurs;
directly participates in planning or conspiring to commit such a crime which in fact
(f ) directly and publicly incites another individual to commit such a crime which in fact
occurs;
(g) attempts to commit such a crime by taking action commencing the execution of a crime
which does not in fact occur because of circumstances independent of his intentions.
Article 3. Punishment
An individual who is responsible for a crime against the peace and security of mankind shall
be liable to punishment. The punishment shall be commensurate with the character and gravity of
the crime.
Article 4. Responsibility of States
The fact that the present Code provides for the responsibility of individuals for crimes against
the peace and security of mankind is without prejudice to any question of the responsibility of States
under international law.
Article 5. Order of a Government or a superior
The fact that an individual charged with a crime against the peace and security of mankind
acted pursuant to an order of a Government or a superior does not relieve him of criminal responsibility, but may be considered in mitigation of punishment if justice so requires.
Article 6. Responsibility of the superior
The fact that a crime against the peace and security of mankind was committed by a subordinate
does not relieve his superiors of criminal responsibility, if they knew or had reason to know, in the
circumstances at the time, that the subordinate was committing or was going to commit such a crime
and if they did not take all necessary measures within their power to prevent or repress the crime.
Article 7. Official position and responsibility
The official position of an individual who commits a crime against the peace and security of
mankind, even if he acted as head of State or Government, does not relieve him of criminal responsibility or mitigate punishment.
Article 8. Establishment of jurisdiction
Without prejudice to the jurisdiction of an international criminal court, each State Party shall
take such measures as may be necessary to establish its jurisdiction over the crimes set out in articles 17, 18, 19 and 20, irrespective of where or by whom those crimes were committed. Jurisdiction
over the crime set out in article 16 shall rest with an international criminal court. However, a State
referred to in article 16 is not precluded from trying its nationals for the crime set out in that article.
Article 9. Obligation to extradite or prosecute
Without prejudice to the jurisdiction of an international criminal court, the State Party in the
territory of which an individual alleged to have committed a crime set out in article 17, 18, 19 or 20
is found shall extradite or prosecute that individual.
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273
Article 10. Extradition of alleged offenders
1. To the extent that the crimes set out in articles 17, 18, 19 and 20 are not extraditable offences
in any extradition treaty existing between States Parties, they shall be deemed to be included as such
therein. States Parties undertake to include those crimes as extraditable offences in every extradition
treaty to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a treaty receives
a request for extradition from another State Party with which it has no extradition treaty, it may
at its option consider the present Code as the legal basis for extradition in respect of those crimes.
Extradition shall be subject to the conditions provided in the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall
recognize those crimes as extraditable offences between themselves subject to the conditions provided in the law of the requested State.
4. Each of those crimes shall be treated, for the purpose of extradition between States Parties,
as if it had been committed not only in the place in which it occurred but also in the territory of any
other State Party.
Article 11. Judicial guarantees
1. An individual charged with a crime against the peace and security of mankind shall be presumed innocent until proved guilty and shall be entitled without discrimination to the minimum
guarantees due to all human beings with regard to the law and the facts and shall have the rights:
(a) in the determination of any charge against him, to have a fair and public hearing by a
competent, independent and impartial tribunal duly established by law;
(b) to be informed promptly and in detail in a language which he understands of the nature
and cause of the charge against him;
(c) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(d) to be tried without undue delay;
(e) to be tried in his presence, and to defend himself in person or through legal assistance of
his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal
assistance assigned to him and without payment by him if he does not have sufficient means to pay
for it;
(f ) to examine, or have examined, the witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions as witnesses against him;
(g) to have the free assistance of an interpreter if he cannot understand or speak the language
used in court;
(h) not to be compelled to testify against himself or to confess guilt.
2. An individual convicted of a crime shall have the right to his conviction and sentence being
reviewed according to law.
Article 12. Non bis in idem
1. No one shall be tried for a crime against the peace and security of mankind of which he has
already been finally convicted or acquitted by an international criminal court.
2. An individual may not be tried again for a crime of which he has been finally convicted or
acquitted by a national court except in the following cases:
(a) by an international criminal court, if:
(i)
the act which was the subject of the judgement in the national court was characterized by that court as an ordinary crime and not as a crime against the peace and
security of mankind; or
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274
(ii)
the national court proceedings were not impartial or independent or were designed
to shield the accused from international criminal responsibility or the case was not
diligently prosecuted;
(b) by a national court of another state, if:
(i) the act which was the subject of the previous judgement took place in the territory
of that state; or
(ii) that State was the main victim of the crime.
3. in the case of a subsequent conviction under the present Code, the court, in passing sentence, shall take into account the extent to which any penalty imposed by a national court on the
same person for the same act has already been served.
Article 13. Non-retroactivity
1. No one shall be convicted under the present Code for acts committed before its entry into
force.
2. Nothing in this article precludes the trial of anyone for any act which, at the time when it
was committed, was criminal in accordance with international law or national law.
Article 14. Defences
The competent court shall determine the admissibility of defences in accordance with the
general principles of law, in the light of the character of each crime.
Article 15. Extenuating circumstances
In passing sentence, the court shall, where appropriate, take into account extenuating circumstances in accordance with the general principles of law.
Part two. CRIMES AGAINST THE PEACE AND SECURITY OF MANKIND
Article 16. Crime of aggression
An individual who, as leader or organizer, actively participates in or orders the planning,
preparation, initiation or waging of aggression committed by a State shall be responsible for a crime
of aggression.
Article 17. Crime of genocide
A crime of genocide means any of the following acts committed with intent to destroy, in
whole or in part, a national, ethnic, racial or religious group, as such:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.
Article 18. Crimes against humanity
A crime against humanity means any of the following acts, when committed in a systematic
manner or on a large scale and instigated or directed by a Government or by any organization or
group:
(a) murder;
(b) extermination;
Draft Code of crimes
(c)
275
torture;
(d) enslavement;
(e)
persecution on political, racial, religious or ethnic grounds;
(f ) institutionalized discrimination on racial, ethnic or religious grounds involving the violation of fundamental human rights and freedoms and resulting in seriously disadvantaging a part
of the population;
(g) arbitrary deportation or forcible transfer of population;
(h) arbitrary imprisonment;
(i)
forced disappearance of persons;
(j)
rape, enforced prostitution and other forms of sexual abuse;
(k) other inhumane acts which severely damage physical or mental integrity, health or
human dignity, such as mutilation and severe bodily harm.
Article 19. Crimes against United Nations and associated personnel
1. The following crimes constitute crimes against the peace and security of mankind when
committed intentionally and in a systematic manner or on a large scale against United Nations and
associated personnel involved in a United Nations operation with a view to preventing or impeding
that operation from fulfilling its mandate:
(a)
murder, kidnapping or other attack upon the person or liberty of any such personnel;
(b) violent attack upon the official premises, the private accommodation or the means of
transportation of any such personnel likely to endanger his or her person or liberty.
2. This article shall not apply to a United Nations operation authorized by the Security Council
as an enforcement action under Chapter VII of the Charter of the United Nations in which any of
the personnel are engaged as combatants against organized armed forces and to which the law of
international armed conflict applies.
Article 20. War crimes
Any of the following war crimes constitutes a crime against the peace and security of mankind
when committed in a systematic manner or on a large scale:
(a)
any of the following acts committed in violation of international humanitarian law:
(i)
wilful killing;
(ii)
torture or inhuman treatment, including biological experiments;
(iii)
wilfully causing great suffering or serious injury to body or health;
(iv)
extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly;
(v)
compelling a prisoner of war or other protected person to serve in the forces of a
hostile Power;
(vi)
wilfully depriving a prisoner of war or other protected person of the rights of fair
and regular trial;
(vii)
unlawful deportation or transfer of unlawful confinement of protected persons;
(viii)
taking of hostages;
(b) any of the following acts committed wilfully in violation of international humanitarian
law and causing death or serious injury to body or health:
(i)
making the civilian population or individual civilians the object of attack;
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276
(ii)
launching an indiscriminate attack affecting the civilian population or civilian
objects in the knowledge that such attack will cause excessive loss of life, injury to
civilians or damage to civilian objects;
(iii) launching an attack against works or installations containing dangerous forces in
the knowledge that such attack will cause excessive loss of life, injury to civilians
or damage to civilian objects;
(iv) making a person the object of attack in the knowledge that he is hors de combat;
(v) the perfidious use of the distinctive emblem of the red cross, red crescent or red
lion and sun or of other recognized protective signs;
(c) any of the following acts committed wilfully in violation of international humanitarian law:
(i) the transfer by the Occupying Power of parts of its own civilian population into
the territory it occupies;
(ii) unjustifiable delay in the repatriation of prisoners of war or civilians;
(d) outrages upon personal dignity in violation of international humanitarian law, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent
assault;
(e) any of the following acts committed in violation of the laws or customs of war:
(i) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering;
(ii) wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
(iii) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings or buildings or of demilitarized zones;
(iv) seizure of, destruction of or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works
of art and science;
(v) plunder of public or private property;
(f ) any of the following acts committed in violation of international humanitarian law applicable in armed conflict not of an international character:
(i) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form
of corporal punishment;
(ii) collective punishments;
(iii) taking of hostages;
(iv) acts of terrorism;
(v) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
(vi) pillage;
(vii) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are generally recognized as indispensable;
(g) in the case of armed conflict, using methods or means of warfare not justified by military
necessity with the intent to cause widespread, long-term and severe damage to the natural environment and thereby gravely prejudice the health or survival of the population and such damage occurs.
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Statute of limitations
82. CONVENTION ON THE NON-APPLICABILITY OF STATUTORY LIMITATIONS
TO WAR CRIMES AND CRIMES AGAINST HUMANITY
Done at New York on 26 November 1968
Entry into force: 11 November 1970
United Nations, Treaty Series, vol. 754, p. 73; Reg. No. 10823
Preamble
The States Parties to the present Convention,
Recalling resolutions of the General Assembly of the United Nations 3 (I) of 13 February 1946
and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, resolution 95
(I) of 11 December 1946 affirming the principles of international law recognized by the Charter of
the International Military Tribunal, Nürnberg, and the judgement of the Tribunal, and resolutions
2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966 which expressly condemned
as crimes against humanity the violation of the economic and political rights of the indigenous
population on the one hand and the policies of apartheid on the other,
Recalling resolutions of the Economic and Social Council of the United Nations 1074 D
(XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the punishment of war criminals and
of persons who have committed crimes against humanity,
Noting that none of the solemn declarations, instruments or conventions relating to the prosecution and punishment of war crimes and crimes against humanity made provision for a period
of limitation,
Considering that war crimes and crimes against humanity are among the gravest crimes in
international law,
Convinced that the effective punishment of war crimes and crimes against humanity is an
important element in the prevention of such crimes, the protection of human rights and fundamental freedoms, the encouragement of confidence, the furtherance of co-operation among peoples and
the promotion of international peace and security,
Noting that the application to war crimes and crimes against humanity of the rules of municipal law relating to the period of limitation for ordinary crimes is a matter of serious concern to
world public opinion, since it prevents the prosecution and punishment of persons responsible for
those crimes,
Recognizing that it is necessary and timely to affirm in international law, through this Convention, the principle that there is no period of limitation for war crimes and crimes against humanity,
and to secure its universal application,
Have agreed as follows:
Article I
No statutory limitation shall apply to the following crimes, irrespective of the date of their
commission:
(а) War crimes as they are defined in the Charter of the International Military Tribunal,
Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of
11 December 1946 of the General Assembly of the United Nations, particularly the “grave breaches”
enumerated in the Geneva Conventions of 12 August 1949 for the protection of war victims;
(b) Crimes against humanity whether committed in time of war or in time of peace as they
are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and
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confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General
Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting
from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, even if such acts do not constitute a violation
of the domestic law of the country in which they were committed.
Article II
If any of the crimes mentioned in article I is committed, the provisions of this Convention
shall apply to representatives of the State authority and private individuals who, as principals or
accomplices, participate in or who directly incite others to the commission of any of those crimes,
or who conspire to commit them, irrespective of the degree of completion, and to representatives of
the State authority who tolerate their commission.
Article III
The States Parties to the present Convention undertake to adopt all necessary domestic measures, legislative or otherwise, with a view to making possible the extradition in accordance with
international law, of the persons referred to in article II of this Convention.
Article IV
The States Parties to the present Convention undertake to adopt, in accordance with their
respective constitutional processes, any legislative or other measures necessary to ensure that statutory or other limitations shall not apply to the prosecution and punishment of the crimes referred to
in articles I and II of this Convention and that, where they exist, such limitations shall be abolished.
Article V
This Convention shall, until 31 December 1969, be open for signature by any State Member
of the United Nations or member of any of its specialized agencies or of the International Atomic
Energy Agency, by any State Party to the Statute of the International Court of Justice, and by any
other State which has been invited by the General Assembly of the United Nations to become a Party
to this Convention.
Article VI
This Convention is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article VII
This Convention shall be open to accession by any State referred to in article V. Instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article VIII
1. This Convention shall enter into force on the ninetieth day after the date of the deposit with
the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after the deposit of the tenth
instrument of ratification or accession, the Convention shall enter into force on the ninetieth day
after the date of the deposit of its own instrument of ratification or accession.
Article IX
1. After the expiry of a period of ten years from the date on which this Convention enters into
force, a request for the revision of the Convention may be made at any time by any Contracting Party
by means of a notification in writing addressed to the Secretary-General of the United Nations.
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2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken
in respect of such a request.
Article X
1. This Convention shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in article V.
3. The Secretary-General of the United Nations shall inform all States referred to in article V
of the following particulars:
(а) Signatures of this Convention, and instruments of ratification and accession deposited
under articles V, VI and VII;
(b)
The date of entry into force of this Convention in accordance with article VIII;
(c)
Communications received under article IX.
Article XI
This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall bear the date of 26 November 1968.
In witness whereof the undersigned, being duly authorized for that purpose, have signed this
Convention.
United Nations personnel
83. CONVENTION ON THE SAFETY OF UNITED NATIONS
AND ASSOCIATED PERSONNEL
Done at New York on 9 December 1994
Entry into force: 15 January 1999
United Nations, Treaty Series, vol. 2051, p. 363; Reg. No. 35457
The States Parties to this Convention,
Deeply concerned over the growing number of deaths and injuries resulting from deliberate
attacks against United Nations and associated personnel,
Bearing in mind that attacks against, or other mistreatment of, personnel who act on behalf of
the United Nations are unjustifiable and unacceptable, by whomsoever committed,
Recognizing that United Nations operations are conducted in the common interest of the
international community and in accordance with the principles and purposes of the Charter of the
United Nations,
Acknowledging the important contribution that United Nations and associated personnel
make in respect of United Nations efforts in the fields of preventive diplomacy, peacemaking, peacekeeping, peace-building and humanitarian and other operations,
Conscious of the existing arrangements for ensuring the safety of United Nations and associated personnel, including the steps taken by the principal organs of the United Nations, in this regard,
Recognizing none the less that existing measures of protection for United Nations and associated personnel are inadequate,
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280
Acknowledging that the effectiveness and safety of United Nations operations are enhanced
where such operations are conducted with the consent and cooperation of the host State,
Appealing to all States in which United Nations and associated personnel are deployed and to
all others on whom such personnel may rely, to provide comprehensive support aimed at facilitating
the conduct and fulfilling the mandate of United Nations operations,
Convinced that there is an urgent need to adopt appropriate and effective measures for the
prevention of attacks committed against United Nations and associated personnel and for the punishment of those who have committed such attacks,
Have agreed as follows:
Article 1. Definitions
For the purposes of this Convention:
(a)
“United Nations personnel” means:
(i)
Persons engaged or deployed by the Secretary-General of the United Nations as
members of the military, police or civilian components of a United Nations operation;
(ii)
Other officials and experts on mission of the United Nations or its specialized
agencies or the International Atomic Energy Agency who are present in an official
capacity in the area where a United Nations operation is being conducted;
(b) “Associated personnel” means:
(i)
Persons assigned by a Government or an intergovernmental organization with the
agreement of the competent organ of the United Nations;
(ii)
Persons engaged by the Secretary-General of the United Nations or by a specialized
agency or by the International Atomic Energy Agency;
(iii)
Persons deployed by a humanitarian non-governmental organization or agency
under an agreement with the Secretary-General of the United Nations or with a
specialized agency or with the International Atomic Energy Agency, to carry out
activities in support of the fulfilment of the mandate of a United Nations operation;
(c) “United Nations operation” means an operation established by the competent organ of
the United Nations in accordance with the Charter of the United Nations and conducted under
United Nations authority and control:
(i)
Where the operation is for the purpose of maintaining or restoring international
peace and security; or
(ii)
Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the
personnel participating in the operation;
(d) “Host State” means a State in whose territory a United Nations operation is conducted;
(e) “Transit State” means a State, other than the host State, in whose territory United Nations
and associated personnel or their equipment are in transit or temporarily present in connection with
a United Nations operation.
Article 2. Scope of Application
1. This Convention applies in respect of United Nations and associated personnel and United
Nations operations, as defined in article 1.
2. This Convention shall not apply to a United Nations operation authorized by the Security
Council as an enforcement action under Chapter VII of the Charter of the United Nations in which
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any of the personnel are engaged as combatants against organized armed forces and to which the
law of international armed conflict applies.
Article 3. Identification
1. The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification. Other personnel, vehicles, vessels and aircraft
involved in the United Nations operation shall be appropriately identified unless otherwise decided
by the Secretary-General of the United Nations.
2. All United Nations and associated personnel shall carry appropriate identification documents.
Article 4. Agreements on the Status of the Operation
The host State and the United Nations shall conclude as soon as possible an agreement on the
status of the United Nations operation and all personnel engaged in the operation including, inter
alia, provisions on privileges and immunities for military and police components of the operation.
Article 5. Transit
A transit State shall facilitate the unimpeded transit of United Nations and associated personnel and their equipment to and from the host State.
Article 6. Respect for Laws and Regulations
1. Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, United Nations and associated personnel shall:
(a)
Respect the laws and regulations of the host State and the transit State; and
(b) Refrain from any action or activity incompatible with the impartial and international
nature of their duties.
2. The Secretary-General of the United Nations shall take all appropriate measures to ensure
the observance of these obligations.
Article 7. Duty to Ensure the Safety and Security of
United Nations and Associated Personnel
1. United Nations and associated personnel, their equipment and premises shall not be made
the object of attack or of any action that prevents them from discharging their mandate.
2. States Parties shall take all appropriate measures to ensure the safety and security of United
Nations and associated personnel. In particular, States Parties shall take all appropriate steps to
protect United Nations and associated personnel who are deployed in their territory from the crimes
set out in article 9.
3. States Parties shall cooperate with the United Nations and other States Parties, as appropriate, in the implementation of this Convention, particularly in any case where the host State is unable
itself to take the required measures.
Article 8. Duty to Release or Return United Nations and
Associated Personnel Captured or Detained
Except as otherwise provided in an applicable status-of-forces agreement, if United Nations
or associated personnel are captured or detained in the course of the performance of their duties
and their identification has been established, they shall not be subjected to interrogation and they
shall be promptly released and returned to United Nations or other appropriate authorities. Pending
their release such personnel shall be treated in accordance with universally recognized standards of
human rights and the principles and spirit of the Geneva Conventions of 1949.
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XI. International criminal law
Article 9. Crimes against United Nations and Associated Personnel
1. The intentional commission of:
(a) A murder, kidnapping or other attack upon the person or liberty of any United Nations
or associated personnel;
(b) A violent attack upon the official premises, the private accommodation or the means of
transportation of any United Nations or associated personnel likely to endanger his or her person
or liberty;
(c) A threat to commit any such attack with the objective of compelling a physical or juridical person to do or to refrain from doing any act;
(d) An attempt to commit any such attack; and
(e) An act constituting participation as an accomplice in any such attack, or in an attempt to
commit such attack, or in organizing or ordering others to commit such attack,
shall be made by each State Party a crime under its national law.
2. Each State Party shall make the crimes set out in paragraph 1 punishable by appropriate
penalties which shall take into account their grave nature.
Article 10. Establishment of Jurisdiction
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction
over the crimes set out in article 9 in the following cases:
(a) When the crime is committed in the territory of that State or on board a ship or aircraft
registered in that State;
(b) When the alleged offender is a national of that State.
2. A State Party may also establish its jurisdiction over any such crime when it is committed:
(a) By a stateless person whose habitual residence is in that State; or
(b) With respect to a national of that State; or
(c) In an attempt to compel that State to do or to abstain from doing any act.
3. Any State Party which has established jurisdiction as mentioned in paragraph 2 shall notify
the Secretary-General of the United Nations. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General of the United Nations.
4. Each State Party shall take such measures as may be necessary to establish its jurisdiction
over the crimes set out in article 9 in cases where the alleged offender is present in its territory and
it does not extradite such person pursuant to article 15 to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.
5. This Convention does not exclude any criminal jurisdiction exercised in accordance with
national law.
Article 11. Prevention of Crimes against United Nations and Associated Personnel
States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by:
(a) Taking all practicable measures to prevent preparations in their respective territories for
the commission of those crimes within or outside their territories; and
(b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.
Article 12. Communication of Information
1. Under the conditions provided for in its national law, the State Party in whose territory a
crime set out in article 9 has been committed shall, if it has reason to believe that an alleged offender
has fled from its territory, communicate to the Secretary-General of the United Nations and, directly
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or through the Secretary-General, to the State or States concerned all the pertinent facts regarding
the crime committed and all available information regarding the identity of the alleged offender.
2. Whenever a crime set out in article 9 has been committed, any State Party which has information concerning the victim and circumstances of the crime shall endeavour to transmit such
information, under the conditions provided for in its national law, fully and promptly to the Secretary-General of the United Nations and the State or States concerned.
Article 13. Measures to Ensure Prosecution or Extradition
1. Where the circumstances so warrant, the State Party in whose territory the alleged offender
is present shall take the appropriate measures under its national law to ensure that person’s presence
for the purpose of prosecution or extradition.
2. Measures taken in accordance with paragraph 1 shall be notified, in conformity with national law and without delay, to the Secretary-General of the United Nations and, either directly or
through the Secretary-General, to:
(a) The State where the crime was committed;
(b) The State or States of which the alleged offender is a national or, if such person is a stateless person, in whose territory that person has his or her habitual residence;
(c) The State or States of which the victim is a national; and
(d) Other interested States.
Article 14. Prosecution of Alleged Offenders
The State Party in whose territory the alleged offender is present shall, if it does not extradite
that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law
of that State. Those authorities shall take their decision in the same manner as in the case of an
ordinary offence of a grave nature under the law of that State.
Article 15. Extradition of Alleged Offenders
1. To the extent that the crimes set out in article 9 are not extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein.
States Parties undertake to include those crimes as extraditable offences in every extradition treaty
to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it has no extradition treaty, it may at its
option consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the conditions provided in the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall
recognize those crimes as extraditable offences between themselves subject to the conditions provided in the law of the requested State.
4. Each of those crimes shall be treated, for the purposes of extradition between States Parties,
as if it had been committed not only in the place in which it occurred but also in the territories of
the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of
article 10.
Article 16. Mutual Assistance in Criminal Matters
1. States Parties shall afford one another the greatest measure of assistance in connection with
criminal proceedings brought in respect of the crimes set out in article 9, including assistance in
obtaining evidence at their disposal necessary for the proceedings. The law of the requested State
shall apply in all cases.
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XI. International criminal law
2. The provisions of paragraph 1 shall not affect obligations concerning mutual assistance
embodied in any other treaty.
Article 17. Fair Treatment
1. Any person regarding whom investigations or proceedings are being carried out in connection with any of the crimes set out in article 9 shall be guaranteed fair treatment, a fair trial and full
protection of his or her rights at all stages of the investigations or proceedings.
2. Any alleged offender shall be entitled:
(a) To communicate without delay with the nearest appropriate representative of the State
or States of which such person is a national or which is otherwise entitled to protect that person’s
rights or, if such person is a stateless person, of the State which, at that person’s request, is willing to
protect that person’s rights; and
(b) To be visited by a representative of that State or those States.
Article 18. Notification of Outcome of Proceedings
The State Party where an alleged offender is prosecuted shall communicate the final outcome
of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to other States Parties.
Article 19. Dissemination
The States Parties undertake to disseminate this Convention as widely as possible and, in
particular, to include the study thereof, as well as relevant provisions of international humanitarian
law, in their programmes of military instruction.
Article 20. Savings Clauses
Nothing in this Convention shall affect:
(a) The applicability of international humanitarian law and universally recognized standards
of human rights as contained in international instruments in relation to the protection of United
Nations operations and United Nations and associated personnel or the responsibility of such personnel to respect such law and standards;
(b) The rights and obligations of States, consistent with the Charter of the United Nations,
regarding the consent to entry of persons into their territories;
(c) The obligation of United Nations and associated personnel to act in accordance with the
terms of the mandate of a United Nations operation;
(d) The right of States which voluntarily contribute personnel to a United Nations operation
to withdraw their personnel from participation in such operation; or
(e) The entitlement to appropriate compensation payable in the event of death, disability,
injury or illness attributable to peace-keeping service by persons voluntarily contributed by States
to United Nations operations.
Article 21. Right of Self-Defence
Nothing in this Convention shall be construed so as to derogate from the right to act in selfdefence.
Article 22. Dispute Settlement
1. Any dispute between two or more States Parties concerning the interpretation or application
of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are
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285
unable to agree on the organization of the arbitration, any one of those parties may refer the dispute
to the International Court of Justice by application in conformity with the Statute of the Court.
2. Each State Party may at the time of signature, ratification, acceptance or approval of this
Convention or accession thereto declare that it does not consider itself bound by all or part of paragraph 1, The other States Parties shall not be bound by paragraph 1 or the relevant part thereof with
respect to any State Party which has made such a reservation.
3. Any State Party which has made a reservation in accordance with paragraph 2 may at any
time withdraw that reservation by notification to the Secretary-General of the United Nations.
Article 23. Review Meetings
At the request of one or more States Parties, and if approved by a majority of States Parties, the
Secretary-General of the United Nations shall convene a meeting of the States Parties to review the
implementation of the Convention, and any problems encountered with regard to its application.
Article 24. Signature
This Convention shall be open for signature by all States, until 31 December 1995, at United
Nations Headquarters in New York.
Article 25. Ratification, Acceptance or Approval
This Convention is subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary-General of the United Nations.
Article 26. Accession
This Convention shall be open for accession by any State. The instruments of accession shall
be deposited with the Secretary-General of the United Nations.
Article 27. Entry into Force
1. This Convention shall enter into force thirty days after twenty-two instruments of ratification, acceptance, approval or accession have been deposited with the Secretary-General of the
United Nations.
2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention
shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.
Article 28. Denunciation
1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
2. Denunciation shall take effect one year following the date on which notification is received
by the Secretary-General of the United Nations.
Article 29. Authentic Texts
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United
Nations, who shall send certified copies thereof to all States.
Done at New York this ninth day of December one thousand nine hundred and ninety-four.
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83. (a) OPTIONAL PROTOCOL TO THE CONVENTION ON THE SAFETY OF
UNITED NATIONS AND ASSOCIATED PERSONNEL
Done at New York on 8 December 2005
Entry into force: 19 August 2010
United Nations, Treaty Series, vol. 2869, p. 67; Reg. No. 35457
The States Parties to this Protocol,
Recalling the terms of the Convention on the Safety of United Nations and Associated Personnel, done at New York on 9 December 1994,
Deeply concerned over the continuing pattern of attacks against United Nations and associated
personnel,
Recognizing that United Nations operations conducted for the purposes of delivering humanitarian, political or development assistance in peacebuilding and of delivering emergency humanitarian assistance which entail particular risks for United Nations and associated personnel require
the extension of the scope of legal protection under the Convention to such personnel,
Convinced of the need to have in place an effective regime to ensure that the perpetrators of
attacks against United Nations and associated personnel engaged in United Nations operations are
brought to justice,
Have agreed as follows:
Article I. Relationship
This Protocol supplements the Convention on the Safety of United Nations and Associated
Personnel, done at New York on 9 December 1994 (hereinafter referred to as ‘‘the Convention”),
and as between the Parties to this Protocol, the Convention and the Protocol shall be read and
interpreted together as a single instrument.
Article II. Application of the Convention to United Nations Operations
1. The Parties to this Protocol shall, in addition to those operations as defined in article 1 (c) of
the Convention, apply the Convention in respect of all other United Nations operations established
by a competent organ of the United Nations in accordance with the Charter of the United Nations
and conducted under United Nations authority and control for the purposes of:
(a)
Delivering humanitarian, political or development assistance in peacebuilding, or
(b)
Delivering emergency humanitarian assistance.
2. Paragraph 1 does not apply to any permanent United Nations office, such as headquarters
of the Organization or its specialized agencies established under an agreement with the United
Nations.
3. A host State may make a declaration to the Secretary-General of the United Nations that it
shall not apply the provisions of this Protocol with respect to an operation under article II (1) (b)
which is conducted for the sole purpose of responding to a natural disaster. Such a declaration shall
be made prior to the deployment of the operation.
Article III. Duty of a State Party with Respect to article 8 of the Convention
The duty of a State Party to this Protocol with respect to the application of article 8 of the
Convention to United Nations operations defined in article II of this Protocol shall be without prejudice to its right to take action in the exercise of its national jurisdiction over any United Nations or
associated personnel who violates the laws and regulations of that State, provided that such action
is not in violation of any other international law obligation of the State Party.
Optional Protocol to the Convention on the safety of United Nations personnel
287
Article IV. Signature
This Protocol shall be open for signature by all States at United Nations Headquarters for
twelve months, from 16 January 2006 to 16 January 2007.
Article V. Consent to be Bound
1. This Protocol shall be subject to ratification, acceptance or approval by the signatory States.
Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General
of the United Nations.
2. This Protocol shall, after 16 January 2007, be open for accession by any non-signatory State.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
3. Any State that is not a State Party to the Convention may ratify, accept, approve or accede to
this Protocol if at the same time it ratifies, accepts, approves or accedes to the Convention in accordance with articles 25 and 26 thereof.
Article VI. Entry into Force
1. This Protocol shall enter into force thirty days after twenty-two instruments of ratification,
acceptance, approval or accession have been deposited with the Secretary-General of the United
Nations.
2. For each State ratifying, accepting, approving or acceding to this Protocol after the deposit
of the twenty-second instrument of ratification, acceptance, approval or accession, the Protocol shall
enter into force on the thirtieth day after the deposit by such State of its instrument of ratification,
acceptance, approval or accession.
Article VII. Denunciation
1. A State Party may denounce this Protocol by written notification to the Secretary-General
of the United Nations.
2. Denunciation shall take effect one year following the date on which notification is received
by the Secretary-General of the United Nations.
Article VIII. Authentic Texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations,
who shall send certified copies thereof to all States.
Done at New York this eighth day of December two thousand and five.
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Mercenaries
84. INTERNATIONAL CONVENTION AGAINST THE RECRUITMENT, USE,
FINANCING AND TRAINING OF MERCENARIES
Done at New York on 4 December 1989
Entry into force: 20 October 2001
United Nations, Treaty Series, vol. 2163, p. 75; Reg. No. 37789
The States Parties to the present Convention
Reaffirming the purposes and principles enshrined in the Charter of the United Nations and
in the Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,
Being aware of the recruitment, use, financing and training of mercenaries for activities which
violate principles of international law such as those of sovereign equality, political independence,
territorial integrity of States and self-determination of peoples,
Affirming that the recruitment, use, financing and training of mercenaries should be considered as offences of grave concern to all States and that any person committing any of these offences
should either be prosecuted or extradited,
Convinced of the necessity to develop and enhance international co-operation among States
for the prevention, prosecution and punishment of such offences,
Expressing concern at new unlawful international activities linking drug traffickers and mercenaries in the perpetration of violent actions which undermine the constitutional order of States,
Also convinced that the adoption of a convention against the recruitment, use, financing and
training of mercenaries would contribute to the eradication of these nefarious activities and thereby
to the observance of the purposes and principles enshrined in the Charter of the United Nations,
Cognizant that matters not regulated by such a convention continue to be governed by the
rules and principles of international law,
Have agreed as follows
Article 1
For the purposes of the present Convention,
1. A mercenary is any person who:
(a) Is specially recruited locally or abroad in order to fight in an armed conflict;
(b) Is motivated to take part in the hostilities essentially by the desire for private gain and,
in fact, is promised, by or on behalf of a party to the conflict, material compensation substantially
in excess of that promised or paid to combatants of similar rank and functions in the armed-forces
of that party;
(c) Is neither a national of a party to the conflict nor a resident of territory controlled by a
party to the conflict;
(d) Is not a member of the armed forces of a party to the conflict; and
2. A mercenary is also any person who, in any other situation:
(a) Is specially recruited locally or abroad for the purpose of participating in a concerted act
of violence aimed at:
(i) Overthrowing a Government or otherwise undermining the constitutional order
of a State; or
(ii) Undermining the territorial integrity of a State;
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289
(b) Is motivated to take part therein essentially by the desire for significant private gain and
is prompted by the promise or payment of material compensation;
(c)
Is neither a national nor a resident of the State against which such an act is directed;
(d) Has not been sent by a State on official duty; and
(e)
Is not a member of the armed forces of the State on whose territory the act is undertaken.
Article 2
Any person who recruits, uses, finances or trains mercenaries, as defined in article 1 of the
present Convention, commits an offence for the purposes of the Convention.
Article 3
1. A mercenary, as defined in article 1 of the present Convention, who participates directly in
hostilities or in a concerted act of violence, as the case may be, commits an offence for the purposes
of the Convention.
2. Nothing in this article limits the scope of application of article 4 of the present Convention.
Article 4
An offence is committed by any person who:
(a)
Attempts to commit one of the offences set forth in the present Convention;
(b) Is the accomplice of a person who commits or attempts to commit any of the offences set
forth in the present Convention.
Article 5
1. States Parties shall not recruit, use, finance or train mercenaries and shall prohibit such
activities in accordance with the provisions of the present Convention.
2. States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by
international law, and shall take, in conformity with international law, the appropriate measures to
prevent the recruitment, use, financing or training of mercenaries for that purpose.
3. They shall make the offences set forth in the present Convention punishable by appropriate
penalties which take into account the grave nature of those offences.
Article 6
States Parties shall co-operate in the prevention of the offences set forth in the present Convention, particularly by:
(a) Taking all practicable measures to prevent preparations in their respective territories for
the commission of those offences within or outside their territories, including the prohibition of
illegal activities of persons, groups and organizations that encourage, instigate, organize or engage
in the perpetration of such offences;
(b) Coordinating the taking of administrative and other measures as appropriate to prevent
the commission of those offences.
Article 7
States Parties shall co-operate in taking the necessary measures for the implementation of the
present Convention.
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Article 8
Any State Party having reason to believe that one of the offences set forth in the present Convention has been, is being or will be committed shall, in accordance with its national law, communicate the relevant information, as soon as it comes to its knowledge, directly or through the
Secretary-General of the United Nations, to the States Parties affected.
Article 9
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction
over any of the offences set forth in the present Convention which are committed;
(a) In its territory or on board a ship or aircraft registered in that State;
(b) By any of its nationals or, if that State considers it appropriate, by those stateless persons
who have their habitual residence in that territory.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 3 and 4 of the present Convention in cases where the
alleged offender is present in its territory and it does not extradite him to any of the States mentioned
in paragraph 1 of this article.
3. The present Convention does not exclude any criminal jurisdiction exercised in accordance
with national law.
Article 10
1. Upon being satisfied that the circumstances so warrant, any State Party in whose territory
the alleged offender is present shall, in accordance with its laws, take him into custody or take such
other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry
into the facts.
2. When a State Party, pursuant to this article, has taken a person into custody or has taken
such other measures referred to in paragraph 1 of this article, it shall notify without delay either
directly or through the Secretary-General of the United Nations:
(a)
The State Party where the offence was committed;
(b)
The State Party against which the offence has been directed or attempted;
(c) The State Party of which the natural or juridical person against whom the offence has
been directed or attempted is a national;
(d) The State Party of which the alleged offender is a national or, if he is a stateless person, in
whose territory he has his habitual residence;
(e)
Any other interested State Party which it considers it appropriate to notify.
3. Any person regarding whom the measures referred to in paragraph 1 of this article are being
taken shall be entitled:
(a) To communicate without delay with the nearest appropriate representative of the State of
which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person,
the State in whose territory he has his habitual residence;
(b) To be visited by a representative of that State.
4. The provisions of paragraph 3 of this article shall be without prejudice to the right of any
State Party having a claim to jurisdiction in accordance with article 9, paragraph 1(b) to invite the
International Committee of the Red Cross to communicate with and visit the alleged offender.
5. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article
shall promptly report its findings to the States referred to in paragraph 2 of this article and indicate
whether it intends to exercise jurisdiction.
Mercenaries
291
Article 11
Any person regarding whom proceedings are being carried out in connection with any of the
offences set forth in the present Convention shall be guaranteed at all stages of the proceedings fair
treatment and all the rights and guarantees provided for in the law of the State in question.
Applicable norms of international law should be taken into account.
Article 12
The State Party in whose territory the alleged offender is found shall, if it does not extradite
him, be obliged, without exception whatsoever and whether or not the offence was committed in
its territory, to submit the case to its competent authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State. Those authorities shall take their decision in
the same manner as in the case of any other offence of a grave nature under the law of that State.
Article 13
1. States Parties shall afford one another the greatest measure of assistance in connection with
criminal proceedings brought in respect of the offences set forth in the present Convention, including the supply of all evidence at their disposal necessary for the proceedings. The law of the State
whose assistance is requested shall apply in all cases.
2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual
judicial assistance embodied in any other treaty.
Article 14
The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who
shall transmit the information to the other States concerned.
Article 15
1. The offences set forth in articles 2, 3 and 4 of the present Convention shall be deemed to be
included as extraditable offences in any extradition treaty existing between States Parties. States
Parties undertake to include such offences as extraditable offences in every extradition treaty to be
concluded between them.
2. If a State Party which makes extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it has no extradition treaty, it may at its
option consider the present Convention as the legal basis for extradition in respect of those offences.
Extradition shall be subject to the other conditions provided by the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall
recognize those offences as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.
4. The offences shall be treated, for the purpose of extradition between States Parties, as if they
had been committed not only in the place in which they occurred but also in the territories of the
States required to establish their jurisdiction in accordance with article 9 of the present Convention.
Article 16
The present Convention shall be applied without prejudice to:
(a)
The rules relating to the international responsibility of States;
(b) The law of armed conflict and international humanitarian law, including the provisions
relating to the status of combatant or of prisoner of war.
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Article 17
1. Any dispute between two or more States Parties concerning the interpretation or application
of the present Convention which is not settled by negotiation shall, at the request of one of them, be
submitted to arbitration. If within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the
dispute to the International Court of Justice by a request in conformity with the Statute of the Court.
2. Each State may, at the time of signature or ratification of the present Convention or accession
thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States
Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has
made such a reservation.
3. Any State Party which has made a reservation in accordance with paragraph 2 of this article
may at any time withdraw that reservation by notification to the Secretary-General of the United
Nations.
Article 18
1. The present Convention shall be open for signature by all States until 31 December 1990 at
United Nations Headquarters in New York.
2. The present Convention shall be subject to ratification. The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
3. The present Convention shall remain open for accession by any State. The instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article 19
1. The present Convention shall enter into force on the thirtieth day following the date of
deposit of the twenty-second instrument of ratification or accession with the Secretary-General of
the United Nations.
2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second
instrument of ratification or accession, the Convention shall enter into force on the thirtieth day
after deposit by such State of its instrument of ratification or accession.
Article 20
1. Any State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations.
2. Denunciation shall take effect one year after the date on which the notification is received
by the Secretary-General of the United Nations.
Article 21
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United
Nations, who shall send certified copies thereof to all States.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention.
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293
Mutual legal assistance and extradition
85. Model Treaty on Extradition
General Assembly resolution 45/116 of 14 December 1990, annex
The________
and the________
Desirous of making more effective the co-operation of the two countries in the control of crime
by concluding a treaty on extradition,
Have agreed as follows:
Article 1. Obligation to extradite
Each Party agrees to extradite to the other, upon request and subject to the provisions of the
present Treaty, any person who is wanted in the requesting State for prosecution for an extraditable
offence or for the imposition or enforcement of a sentence in respect of such an offence.Article 2.
Extraditable offences
1. For the purposes of the present Treaty, extraditable offences are offences that are punishable under the laws of both Parties by imprisonment or other deprivation of liberty for a maximum
period of at least [one/two] year(s), or by a more severe penalty. Where the request for extradition
relates to a person who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition shall be granted only if a period of at least
[four/six] months of such sentence remains to be served.
2. In determining whether an offence is an offence punishable under the laws of both Parties,
it shall not matter whether:
(a) The laws of the Parties place the acts or omissions constituting the offence within the
same category of offence or denominate the offence by the same terminology;
(b) Under the laws of the Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the requesting Stale shall be taken into
account.
3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, exchange control or other revenue matters, extradition may not be refused on the ground
that the law of the requested State does not impose the same kind of tax or duty or does not contain a
tax, customs duty or exchange regulation of the same kind as the law of the requesting State.
4. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in
paragraph 1 of the present article, the requested Party may grant extradition for the latter offences
provided that the person is to be extradited for at least one extraditable offence.
Article 3. Mandatory grounds for refusal
Extradition shall not be granted in any of the following circumstances:
(a) If the offence for which extradition is requested is regarded by the requested State as an
offence of a political nature;
(b) If the requested State has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person’s
race, religion, nationality, ethnic origin, political opinions, sex or status, or that that person’s position may be prejudiced for any of those reasons;
(c) If the offence for which extradition is requested is an offence under military law, which
is not also an offence under ordinary criminal law;
(d) If there has been a final judgement rendered against the person in the requested State in
respect of the offence for which the person’s extradition is requested;
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(e) If the person whose extradition is requested has, under the law of either Party, become
immune from prosecution or punishment for any reason, including lapse of time or amnesty;
(f ) If the person whose extradition is requested has been or would be subjected in the
requesting State to torture or cruel, inhuman or degrading treatment or punishment or if that
person has not received or would not receive the minimum guarantees in criminal proceedings as
contained in the International Covenant on Civil and Political Rights, article 14;
(g) If the judgement of the requesting State has been rendered in absentia, the convicted
person has not had sufficient notice of the trial or the opportunity to arrange for his or her defence
and he has not had or will not have the opportunity to have the case retried in his or her presence.
Article 4. Optional grounds for refusal
Extradition may be refused in any of the following circumstances:
(а) If the person whose extradition is requested is a national of the requested State. Where
extradition is refused on this ground, the requested State shall, if the other State so requests, submit
the case to its competent authorities with a view to taking appropriate action against the person in
respect of the offence for which extradition had been requested;
(b) If the competent authorities of the requested State have decided either not to institute
or to terminate proceedings against the person for the offence in respect of which extradition is
requested;
(c) If a prosecution in respect of the offence for which extradition is requested is pending in
the requested State against the person whose extradition is requested;
(d) If the offence for which extradition is requested carries the death penalty under the law of
the requesting State, unless that State gives such assurance as the requested State considers sufficient
that the death penalty will not be imposed or, if imposed, will not be carried out;
(e) If the offence for which extradition is requested has been committed outside the territory of either Party and the law of the requested State does not provide for jurisdiction over such an
offence committed outside its territory in comparable circumstances;
(f ) If the offence for which extradition is requested is regarded under the law of the requested
State as having been committed in whole or in part within that State. Where extradition is refused
on this ground, the requested State shall, if the other State so requests, submit the case to its competent authorities with a view to taking appropriate action against the person for the offence for which
extradition had been requested;
(g) If the person whose extradition is requested has been sentenced or would be liable to be
tried or sentenced in the requesting State by an extraordinary or ad hoc court or tribunal;
(h) If the requested State, while also taking into account the nature of the offence and the
interests of the requesting State, considers that, in the circumstances of the case, the extradition of
that person would be incompatible with humanitarian considerations in view of age, health or other
personal circumstances of that person.
Article 5. Channels of communication and required documents
1. A request for extradition shall be made in writing. The request, supporting documents and
subsequent communications shall be transmitted through the diplomatic channel, directly between
the ministries of justice or any other authorities designated by the Parties.
2. A request for extradition shall be accompanied by the following:
(a) In all cases.
(i)
As accurate a description as possible of the person sought, together with any other
information that may help to establish that person’s identity, nationality and location;
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(ii)
295
The text of the relevant provision of the law creating the offence or, where necessary, a statement of the law relevant to the offence and a statement of the penalty
that can be imposed for the offence;
(b) If the person is accused of an offence, by a warrant issued by a court or other competent
judicial authority for the arrest of the person or a certified copy of that warrant, a statement of the
offence for which extradition is requested and a description of the acts or omissions constituting the
alleged offence, including an indication of the time and place of its commission;
(c) If the person has been convicted of an offence, by a statement of the offence for which
extradition is requested and a description of the acts or omissions constituting the offence and by
the original or certified copy of the judgement or any other document setting out the conviction and
the sentence imposed, the fact that the sentence is enforceable, and the extent to which the sentence
remains to be served;
(d) If the person has been convicted of an offence in his or her absence, in addition to the
documents set out in paragraph 2 (c) of the present article, by a statement as to the legal means available to the person to prepare his or her defence or to have the case retried in his or her presence;
(e) If the person has been convicted of an offence but no sentence has been imposed, by a
statement of the offence for which extradition is requested and a description of the acts or omissions
constituting the offence and by a document setting out the conviction and a statement affirming that
there is an intention to impose a sentence.
3. The documents submitted in support of a request for extradition shall be accompanied by a
translation into the language of the requested State or in another language acceptable to that State.
Article 6. Simplified extradition procedure
The requested State, if not precluded by its law, may grant extradition after receipt of a request for
provisional arrest, provided that the person sought explicitly consents before a competent authority.
Article 7. Certification and authentication
Except as provided by the present Treaty, a request for extradition and the documents in support thereof, as well as documents or other material supplied in response to such a request, shall not
require certification or authentication.
Article 8. Additional information
If the requested State considers that the information provided in support of a request for extradition is not sufficient, it may request that additional information be furnished within such reasonable time as it specifies.
Article 9. Provisional arrest
1. In case of urgency the requesting State may apply for the provisional arrest of the person
sought pending the presentation of the request for extradition. The application shall be transmitted
by means of the facilities of the International Criminal Police Organization, by post or telegraph or
by any other means affording a record in writing.
2. The application shall contain a description of the person sought, a statement that extradition
is to be requested, a statement of the existence of one of the documents mentioned in paragraph 2 of
article 5 of the present Treaty, authorizing the apprehension of the person, a statement of the punishment that can be or has been imposed for the offence, including the time left to be served and a concise statement of the facts of the case, and a statement of the location, where known, of the person.
3. The requested State shall decide on the application in accordance with its law and communicate its decision to the requesting State without delay.
4. The person arrested upon such an application shall be set at liberty upon the expiration of
[40] days from the date of arrest if a request for extradition, supported by the relevant documents
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XI. International criminal law
specified in paragraph 2 of article 5 of the present Treaty, has not been received. The present paragraph does not preclude the possibility of conditional release of the person prior to the expiration
of the [40] days.
5. The release of the person pursuant to paragraph 4 of the present article shall not prevent
rearrest and institution of proceedings with a view to extraditing the person sought if the request
and supporting documents are subsequently received.
Article 10. Decision on the request
1. The requested State shall deal with the request for extradition pursuant to procedures provided by its own law, and shall promptly communicate its decision to the requesting State.
2. Reasons shall be given for any complete or partial refusal of the request.
Article 11. Surrender of the person
1. Upon being informed that extradition has been granted, the Parties shall, without undue
delay, arrange for the surrender of the person sought and the requested State shall inform the
requesting State of the length of time for which the person sought was detained with a view to surrender.
2. The person shall be removed from the territory of the requested State within such reasonable period as the requested State specifies and, if the person is not removed within that period, the
requested State may release the person and may refuse to extradite that person for the same offence.
3. If circumstances beyond its control prevent a Party from surrendering or removing the
person to be extradited, it shall notify the other Party. The two Parties shall mutually decide upon a
new date of surrender, and the provisions of paragraph 2 of the present article shall apply.
Article 12. Postponed or conditional surrender
1. The requested State may, after making its decision on the request for extradition, postpone
the surrender of a person sought, in order to proceed against that person, or, if that person has
already been convicted, in order to enforce a sentence imposed for an offence other than that for
which extradition is sought. In such a case the requested State shall advise the requesting State
accordingly.
2. The requested State may, instead of postponing surrender, temporarily surrender the person
sought to the requesting State in accordance with conditions to be determined between the Parties.
Article 13. Surrender of property
1. To the extent permitted under the law of the requested State and subject to the rights of
third parties, which shall be duly respected, all property found in the requested State that has been
acquired as a result of the offence or that may be required as evidence shall, if the requesting State
so requests, be surrendered if extradition is granted.
2. The said property may, if the requesting State so requests, be surrendered to the requesting
State even if the extradition agreed to cannot be carried out.
3. When the said property is liable to seizure or confiscation in the requested State, it may
retain it or temporarily hand it over.
4. Where the law of the requested State or the protection of the rights of third parties so
require, any property so surrendered shall be returned to the requested State free of charge after the
completion of the proceedings, if that State so requests.
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297
Article 14. Rule of speciality
1. A person extradited under the present Treaty shall not be proceeded against, sentenced,
detained, re-extradited to a third State, or subjected to any other restriction of personal liberty in
the territory of the requesting State for any offence committed before surrender other than:
(a)
An offence for which extradition was granted;
(b) Any other offence in respect of which the requested State consents. Consent shall be given
if the offence for which it is requested is itself subject to extradition in accordance with the present
Treaty.
2. A request for the consent of the requested State under the present article shall be accompanied by the documents mentioned in paragraph 2 of article 5 of the present Treaty and a legal record
of any statement made by the extradited person with respect to the offence.
3. Paragraph 1 of the present article shall not apply if the person has had an opportunity to
leave the requesting State and has not done so within [30/45] days of final discharge in respect of the
offence for which that person was extradited or if the person has voluntarily returned to the territory
of the requesting State after leaving it.
Article 15. Transit
1. Where a person is to be extradited to a Party from a third State through the territory of the
other Party, the Party to which the person is to be extradited shall request the other Party to permit
the transit of that person through its territory. This does not apply where air transport is used and
no landing in the territory of the other Party is scheduled.
2. Upon receipt of such a request, which shall contain relevant information, the requested State
shall deal with this request pursuant to procedures provided by its own law. The requested State shall
grant the request expeditiously unless its essential interests would be prejudiced thereby.
3. The State of transit shall ensure that legal provisions exist that would enable detaining the
person in custody during transit.
4. In the event of an unscheduled landing, the Party to be requested to permit transit may, at
the request of the escorting officer, hold the person in custody for [48] hours, pending receipt of the
transit request to be made in accordance with paragraph 1 of the present article.
Article 16. Concurrent requests
If a Party receives requests for extradition for the same person from both the other Party and a
third State it shall, at its discretion, determine to which of those States the person is to be extradited.
Article 17. Costs
1. The requested State shall meet the cost of any proceedings in its jurisdiction arising out of
a request for extradition.
2. The requested State shall also bear the costs incurred in its territory in connection with the
seizure and handing over of property, or the arrest and detention of the person whose extradition
is sought.
3. The requesting State shall bear the costs incurred in conveying the person from the territory
of the requested State, including transit costs.
Article 18. Final provisions
1. The present Treaty is subject to [ratification, acceptance or approval]. The instruments of
[ratification, acceptance or approval] shall be exchanged as soon as possible.
2. The present Treaty shall enter into force on the thirtieth day after the day on which the
instruments of [ratification, acceptance or approval] are exchanged.
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XI. International criminal law
3. The present Treaty shall apply to requests made after its entry into force, even if the relevant
acts or omissions occurred prior to that date.
4. Either Contracting Party may denounce the present Treaty by giving notice in writing to the
other Party. Such denunciation shall take effect six months following the date on which such notice
is received by the other Party.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Treaty.
Done at
on
in the
and
and
languages, [both/all] texts being equally authentic.
86. United Nations Model Treaty on Mutual
Assistance in Criminal Matters
General Assembly resolution 45/117 of 14 December 1990, annex
The________
and the________
Desirous of extending to each other the widest measure of co-operation to combat crime,
Have agreed as follows:
Article 1. Scope of application
1. The Parties shall, in accordance with the present Treaty, afford to each other the widest possible measure of mutual assistance in investigations or court proceedings in respect of offences the
punishment of which, at the time of the request for assistance, falls within the jurisdiction of the
judicial authorities of the requesting State.
2. Mutual assistance to be afforded in accordance with the present Treaty may include:
(a) Taking evidence or statements from persons;
(b) Assisting in the availability of detained persons or others to give evidence or assist in
investigations;
(c) Effecting service of judicial documents;
(d) Executing searches and seizures;
(e) Examining objects and sites;
(f ) Providing information and evidentiary items;
(g) Providing originals or certified copies of relevant documents and records, including
bank, financial, corporate or business records.
3. The present Treaty does not apply to:
(a) The arrest or detention of any person with a view to the extradition of that person;
(b) The enforcement in the requested State of criminal judgements imposed in the requesting
State except to the extent permitted by the law of the requested State and the Optional Protocol to
the present Treaty;
(c) The transfer of persons in custody to serve sentences;
(d) The transfer of proceedings in criminal matters.
Article 2. Other arrangements
Unless the Parties decide otherwise, the present Treaty shall not affect obligations subsisting
between them whether pursuant to other treaties or arrangements or otherwise.
Mutual assistance in criminal matters
299
Article 3. Designation of competent authorities
Each Party shall designate and indicate to the other Party an authority or authorities by or
through which requests for the purpose of the present Treaty should be made or received.
Article 4. Refusal of assistance
1. Assistance may be refused if:
(а) The requested State is of the opinion that the request, if granted, would prejudice its
sovereignty, security, public order (ordre public) or other essential public interests;
(b)
The offence is regarded by the requested State as being of a political nature;
(c) There are substantial grounds for believing that the request for assistance has been made
for the purpose of prosecuting a person on account of that person’s race, sex, religion, nationality,
ethnic origin or political opinions or that that person’s position may be prejudiced for any of those
reasons;
(d) The request relates to an offence that is subject to investigation or prosecution in the
requested State or the prosecution of which in the requesting State would be incompatible with the
requested State’s law on double jeopardy (ne bis in idem);
(e) The assistance requested requires the requested State to carry out compulsory measures
that would be inconsistent with its law and practice had the offence been the subject of investigation
or prosecution under its own jurisdiction;
(f) The act is an offence under military law, which is not also an offence under ordinary
criminal law.
2. Assistance shall not be refused solely on the ground of secrecy of banks and similar financial
institutions.
3. The requested State may postpone the execution of the request if its immediate execution
would interfere with an ongoing investigation or prosecution in the requested State.
4. Before refusing a request or postponing its execution, the requested State shall consider
whether assistance may be granted subject to certain conditions. If the requesting State accepts
assistance subject to these conditions, it shall comply with them.
5. Reasons shall be given for any refusal or postponement of mutual assistance.
Article 5. Contents of requests
1. Requests for assistance shall include:
(a) The name of the requesting office and the competent authority conducting the investigation or court proceedings to which the request relates;
(b) The purpose of the request and a brief description of the assistance sought;
(c) A description of the facts alleged to constitute the offence and a statement or text of the
relevant laws, except in cases of a request for service of documents;
(d) The name and address of the person to be served, where necessary;
(e) The reasons for and details of any particular procedure or requirement that the requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or
statements are required;
(f ) Specification of any time-limit within which compliance with the request is desired;
(g) Such other information as is necessary for the proper execution of the request.
2. Requests, supporting documents and other communications made pursuant to the present
Treaty shall be accompanied by a translation into the language of the requested State or another
language acceptable to that State.
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300
3. If the requested State considers that the information contained in the request is not sufficient
to enable the request to be dealt with, it may request additional information.
Article 6. Execution of requests
Subject to article 19 of the present Treaty, requests for assistance shall be carried out promptly,
in the manner provided for by the law and practice of the requested State. To the extent consistent
with its law and practice, the requested State shall carry out the request in the manner specified by
the requesting State.
Article 7. Return of material to the requested State
Any property, as well as original records or documents, handed over to the requesting State
under the present Treaty shall be returned to the requested State as soon as possible unless the latter
waives its right of return thereof.
Article 8. Limitation on use
The requesting State shall not, without the consent of the requested State, use or transfer information or evidence provided by the requested State for investigations or proceedings other than
those stated in the request. However, in cases where the charge is altered, the material provided may
be used in so far as the offence, as charged, is an offence in respect of which mutual assistance could
be provided under the present Treaty.
Article 9. Protection of confidentiality
Upon request:
(a) The requested State shall use its best endeavours to keep confidential the request for assistance, its contents and its supporting documents as well as the fact of granting of such assistance.
If the request cannot be executed without breaching confidentiality, the requested State shall so
inform the requesting State, which shall then determine whether the request should nevertheless
be executed;
(b) The requesting State shall keep confidential evidence and information provided by the
requested State, except to the extent that the evidence and information is needed for the investigation and proceedings described in the request.
Article 10. Service of documents
1. The requested State shall effect service of documents that are transmitted to it for this purpose by the requesting State.
2. A request to effect service of summonses shall be made to a requested State not less than […]
days before the date on which the appearance of a person is required. In urgent cases, the requested
State may waive the time requirement.
Article 11. Obtaining of evidence
1. The requested State shall, in conformity with its law and upon request, take the sworn or
affirmed testimony, or otherwise obtain statements of persons or require them to produce items of
evidence for transmission to the requesting State.
2. Upon the request of the requesting State, the parties to the relevant proceedings in the
requesting State, their legal representatives and representatives of the requesting State may, subject
to the laws and procedures of the requested State, be present at the proceedings.
Article 12. Right or obligation to decline to give evidence
1. A person who is required to give evidence in the requested or requesting State may decline
to give evidence where either:
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(a) The law of the requested State permits or requires that person to decline to give evidence
in similar circumstances in proceedings originating in the requested State; or
(b) The law of the requesting State permits or requires that person to decline to give evidence
in similar circumstances in proceedings originating in the requesting State.
2. If a person claims that there is a right or obligation to decline to give evidence under the
law of the other State, the State where that person is present shall, with respect thereto, rely on a
certificate of the competent authority of the other State as evidence of the existence or non-existence
of that right or obligation.
Article 13. Availability of persons in custody to give evidence or to assist in investigations
1. Upon the request of the requesting State, and if the requested State agrees and its law so
permits, a person in custody in the latter State may, subject to his or her consent, be temporarily
transferred to the requesting State to give evidence or to assist in the investigations.
2. While the person transferred is required to be held in custody under the law of the requested
State, the requesting State shall hold that person in custody and shall return that person in custody
to the requested State at the conclusion of the matter in relation to which transfer was sought or at
such earlier time as the person’s presence is no longer required.
3. Where the requested State advises the requesting State that the transferred person is no
longer required to be held in custody, that person shall be set at liberty and be treated as a person
referred to in article 14 of the present Treaty.
Article 14. Availbility of other persons to give evidence or assist in investigations
1. The requesting State may request the assistance of the requested State in inviting a person:
(a) To appear in proceedings in relation to a criminal matter in the requesting State unless
that person is the person charged; or
(b) To assist in the investigations in relation to a criminal matter in the requesting State.
2. The requested State shall invite the person to appear as a witness or expert in proceedings or
to assist in the investigations. Where appropriate, the requested State shall satisfy itself that satisfactory arrangements have been made for the person’s safety.
3. The request or the summons shall indicate the approximate allowances and the travel and
subsistence expenses payable by the requesting State.
4. Upon request, the requested State may grant the person an advance, which shall be refunded
by the requesting State.
Article 15. Safe conduct
1. Subject to paragraph 2 of the present article, where a person is in the requesting State pursuant to a request made under article 13 or 14 of the present Treaty:
(a) That person shall not be detained, prosecuted, punished or subjected to any other restrictions of personal liberty in the requesting State in respect of any acts or omissions or convictions
that preceded the person’s departure from the requested State;
(b) That person shall not, without that person’s consent, be required to give evidence in any
proceeding or to assist in any investigation other than the proceeding or investigation to which the
request relates.
2. Paragraph 1 of the present article shall cease to apply if that person, being free to leave, has
not left the requesting State within a period of [15] consecutive days, or any longer period otherwise
agreed on by the Parties, after that person has been officially told or notified that his or her presence
is no longer required or, having left, has voluntarily returned.
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3. A person who does not consent to a request pursuant to article 13 or accept an invitation
pursuant to article 14 shall not, by reason thereof, be liable to any penalty or be subjected to any
coercive measure, notwithstanding any contrary statement in the request or summons.
Article 16. Provision of publicly available documents and other records
1. The requested State shall provide copies of documents and records in so far as they are open
to public access as part of a public register or otherwise, or in so far as they are available for purchase
or inspection by the public.
2. The requested State may provide copies of any other document or record under the same
conditions as such document or record may be provided to its own law enforcement and judicial
authorities.
Article 17. Search and seizure
The requested State shall, in so far as its law permits, carry out requests for search and seizure
and delivery of any material to the requesting State for evidentiary purposes, provided that the
rights of bona fide third parties are protected.
Article 18. Certification and authentication
A request for assistance and the documents in support thereof, as well as documents or other
material supplied in response to such a request, shall not require certification or authentication.
Article 19. Costs
The ordinary costs of executing a request shall be borne by the requested State, unless otherwise
determined by the Parties. If expenses of a substantial or extraordinary nature are or will be required
to execute the request, the Parties shall consult in advance to determine the terms and conditions
under which the request shall be executed as well as the manner in which the costs shall be borne.
Article 20. Consultation
The Parties shall consult promptly, at the request of either, concerning the interpretation, the
application or the carrying out of the present Treaty either generally or in relation to a particular case.
Article 21. Final provisions
1. The present Treaty is subject to [ratification, acceptance or approval]. The instruments of
[ratification, acceptance or approval] shall be exchanged as soon as possible.
2. The present Treaty shall enter into force on the thirtieth day after the day on which the
instruments of [ratification, acceptance or approval] are exchanged.
3. The present Treaty shall apply to requests made after its entry into force, even if the relevant
acts or omissions occurred prior to that date.
4. Either Contracting Party may denounce the present Treaty by giving notice in writing to
the other Party. Such denunciation shall take effect six months following the date on which it is
received by the other Party.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Treaty.
Done at_________
on_______
[both/all] texts being equally authentic.
in the _______
and ______
languages,
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Optional Protocol to the Model Treaty on Mutual Assistance in
Criminal Matters concerning the proceeds of crime
1. In the present Protocol “proceeds of crime” means any property suspected, or found by a
court, to be property directly or indirectly derived or realized as a result of the commission of an
offence or to represent the value of property and other benefits derived from the commission of an
offence.
2. The requested State shall, upon request, endeavour to ascertain whether any proceeds of the
alleged crime are located within its jurisdiction and shall notify the requesting State of the results
of its inquiries. In making the request, the requesting State shall notify the requested State of the
basis of its belief that such proceeds may be located within its jurisdiction.
3. In pursuance of a request made under paragraph 2 of the present Protocol, the requested
State shall endeavour to trace assets, investigate financial dealings, and obtain other information or
evidence that may help to secure the recovery of proceeds of crime.
4. Where, pursuant to paragraph 2 of the present Protocol, suspected proceeds of crime are
found, the requested State shall upon request take such measures as are permitted by its law to
prevent any dealing in, transfer or disposal of, those suspected proceeds of crime, pending a final
determination in respect of those proceeds by a court of the requesting State.
5. The requested State shall, to the extent permitted by its law, give effect to or permit enforcement of a final order forfeiting or confiscating the proceeds of crime made by a court of the requesting State or take other appropriate action to secure the proceeds following a request by the requesting State.
6. The Parties shall ensure that the rights of bona fide third parties shall be respected in the
application of the present Protocol.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Protocol.
Done at_________ on_______ in the _______ and ______ languages, [both/all] texts being
equally authentic.
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International Criminal Tribunal for the former Yugoslavia
87. United Nations Security Council Resolution 827 (1993)
Adopted by the Security Council at its 3217th meeting on 25 May 1993
The Security Council,
Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,
Having considered the report of the Secretary-General (S/25704 and Add.1) pursuant to paragraph 2 of resolution 808 (1993),
Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia,
and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of
“ethnic cleansing”, including for the acquisition and the holding of territory,
Determining that this situation continues to constitute a threat to international peace and
security,
Determined to put an end to such crimes and to take effective measures to bring to justice the
persons who are responsible for them,
Convinced that in the particular circumstances of the former Yugoslavia the establishment
as an ad hoc measure by the Council of an international tribunal and the prosecution of persons
responsible for serious violations of international humanitarian law would enable this aim to be
achieved and would contribute to the restoration and maintenance of peace,
Believing that the establishment of an international tribunal and the prosecution of persons
responsible for the above-mentioned violations of international humanitarian law will contribute
to ensuring that such violations are halted and effectively redressed,
Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee
of the International Conference on the Former Yugoslavia for the establishment of such a tribunal
(S/25221),
Reaffirming in this regard its decision in resolution 808 (1993) that an international tribunal
shall be established for the prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia since 1991,
Considering that, pending the appointment of the Prosecutor of the International Tribunal,
the Commission of Experts established pursuant to resolution 780 (1992) should continue on an
urgent basis the collection of information relating to evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law as proposed in its interim report
(S/25274),
Acting under Chapter VII of the Charter of the United Nations,
1. Approves the report of the Secretary-General;
2. Decides hereby to establish an international tribunal for the sole purpose of prosecuting
persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security
Council upon the restoration of peace and to this end to adopt the Statute of the International Tribunal annexed to the above-mentioned report;
3. Requests the Secretary-General to submit to the judges of the International Tribunal, upon
their election, any suggestions received from States for the rules of procedure and evidence called
for in Article 15 of the Statute of the International Tribunal;
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4. Decides that all States shall cooperate fully with the International Tribunal and its organs
in accordance with the present resolution and the Statute of the International Tribunal and that
consequently all States shall take any measures necessary under their domestic law to implement
the provisions of the present resolution and the Statute, including the obligation of States to comply
with requests for assistance or orders issued by a Trial Chamber under Article 29 of the Statute;
5. Urges States and intergovernmental and non-governmental organizations to contribute
funds, equipment and services to the International Tribunal, including the offer of expert personnel;
6. Decides that the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands acceptable
to the Council, and that the International Tribunal may sit elsewhere when it considers it necessary
for the efficient exercise of its functions;
7. Decides also that the work of the International Tribunal shall be carried out without prejudice to the right of the victims to seek, through appropriate means, compensation for damages
incurred as a result of violations of international humanitarian law;
8. Requests the Secretary-General to implement urgently the present resolution and in particular to make practical arrangements for the effective functioning of the International Tribunal
at the earliest time and to report periodically to the Council;
9. Decides to remain actively seized of the matter.
88. Statute of the International Criminal Tribunal for
the former Yugoslavia
Adopted by Security Council resolution 827 (1993) of 25 May 1993*
Having been established by the Security Council acting under Chapter VII of the Charter
of the United Nations, the International Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1991 (hereinafter referred to as “the International Tribunal”) shall function in
accordance with the provisions of the present Statute.
Article 1. Competence of the International Tribunal
The International Tribunal shall have the power to prosecute persons responsible for serious
violations of international humanitarian law committed in the territory of the former Yugoslavia
since 1991 in accordance with the provisions of the present Statute.
Article 2. Grave breaches of the Geneva Conventions of 1949
The International Tribunal shall have the power to prosecute persons committing or ordering
to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following
acts against persons or property protected under the provisions of the relevant Geneva Convention:
(a) wilful killing;
(b) torture or inhuman treatment, including biological experiments;
(c) wilfully causing great suffering or serious injury to body or health;
Text as amended by Security Council resolutions 1116 (1998) of 13 May 1998, 1329 (2000) of
30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1481 (2003) of 19 May
2003, 1597 (2005) of 20 April 2005, 1660 (2006) of 28 February 2006, 1837 (2008) of 29 September 2008,
and 1877 (2009) of 7 July 2009..
1*
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XI. International criminal law
(d) extensive destruction and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly;
(e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
(f ) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
(g) unlawful deportation or transfer or unlawful confinement of a civilian;
(h) taking civilians as hostages.
Article 3. Violations of the laws or customs of war
The International Tribunal shall have the power to prosecute persons violating the laws or
customs of war. Such violations shall include, but not be limited to:
(a) employment of poisonous weapons or other weapons calculated to cause unnecessary
suffering;
(b) wanton destruction of cities, towns or villages, or devastation not justified by military
necessity;
(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings,
or buildings;
(d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity
and education, the arts and sciences, historic monuments and works of art and science;
(e) plunder of public or private property.
Article 4. Genocide
1. The International Tribunal shall have the power to prosecute persons committing genocide
as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article.
2. Genocide means any of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.
3. The following acts shall be punishable:
(a) genocide;
(b) conspiracy to commit genocide;
(c) direct and public incitement to commit genocide;
(d) attempt to commit genocide;
(e) complicity in genocide.
Article 5. Crimes against humanity
The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character,
and directed against any civilian population:
(a) murder;
(b) extermination;
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(c)
(d)
(e)
(f )
(g)
(h)
(i)
enslavement;
deportation;
imprisonment;
torture;
rape;
persecutions on political, racial and religious grounds;
other inhumane acts.
Article 6. Personal jurisdiction
The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute.
Article 7. Individual criminal responsibility
1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in
the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute,
shall be individually responsible for the crime.
2. The official position of any accused person, whether as Head of State or Government or
as a responsible Government official, shall not relieve such person of criminal responsibility nor
mitigate punishment.
3. The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed
by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to
know that the subordinate was about to commit such acts or had done so and the superior failed to
take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
4. The fact that an accused person acted pursuant to an order of a Government or of a superior
shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment
if the International Tribunal determines that justice so requires.
Article 8. Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal shall extend to the territory of the
former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial
waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning
on 1 January 1991.
Article 9. Concurrent jurisdiction
1. The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of
the former Yugoslavia since 1 January 1991.
2. The International Tribunal shall have primacy over national courts. At any stage of the procedure, the International Tribunal may formally request national courts to defer to the competence
of the International Tribunal in accordance with the present Statute and the Rules of Procedure and
Evidence of the International Tribunal.
Article 10. Non-bis-in-idem
1. No person shall be tried before a national court for acts constituting serious violations of
international humanitarian law under the present Statute, for which he or she has already been tried
by the International Tribunal.
2. A person who has been tried by a national court for acts constituting serious violations of
international humanitarian law may be subsequently tried by the International Tribunal only if:
(a) the act for which he or she was tried was characterized as an ordinary crime; or
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308
(b) the national court proceedings were not impartial or independent, were designed to shield
the accused from international criminal responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime under the present
Statute, the International Tribunal shall take into account the extent to which any penalty imposed
by a national court on the same person for the same act has already been served.
Article 11. Organization of the International Tribunal
The International Tribunal shall consist of the following organs:
(a)
the Chambers, comprising three Trial Chambers and an Appeals Chamber;
(b)
the Prosecutor; and
(c)
a Registry, servicing both the Chambers and the Prosecutor.
Article 12. Composition of the Chambers
1. The Chambers shall be composed of a maximum of sixteen permanent independent judges,
no two of whom may be nationals of the same State, and a maximum at any one time of twelve ad
litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute,
no two of whom may be nationals of the same State.
2. A maximum at any one time of three permanent judges and six ad litem judges shall be
members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be
divided into sections of three judges each, composed of both permanent and ad litem judges, except
in the circumstances specified in paragraph 5 below. A section of a Trial Chamber shall have the
same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement
in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the
State in which that person ordinarily exercises civil and political rights.
5. The Secretary-General may, at the request of the President of the International Tribunal
appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges
to be present at each stage of a trial to which they have been appointed and to replace a judge if that
judge is unable to continue sitting.
6. Without prejudice to paragraph 2 above, in the event that exceptional circumstances require
for a permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely
comprised of ad litem judges, that section may continue to hear the case, notwithstanding that its
composition no longer includes a permanent judge.
Article 13. Qualifications of judges
The permanent and ad litem judges shall be persons of high moral character, impartiality and
integrity who possess the qualifications required in their respective countries for appointment to
the highest judicial offices. In the overall composition of the Chambers and sections of the Trial
Chambers, due account shall be taken of the experience of the judges in criminal law, international
law, including international humanitarian law and human rights law.
Article 13 bis. Election of permanent judges
1. Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
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(a) The Secretary-General shall invite nominations for judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent
observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two
of whom shall be of the same nationality and neither of whom shall be of the same nationality as
any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent
judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory
of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed
in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the
Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council.
From the nominations received the Security Council shall establish a list of not less than twentyeight and not more than forty-two candidates, taking due account of the adequate representation of
the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect fourteen permanent
judges of the International Tribunal. The candidates who receive an absolute majority of the votes
of the States Members of the United Nations and of the non-member States maintaining permanent
observer missions at United Nations Headquarters, shall be declared elected. Should two candidates
of the same nationality obtain the required majority vote, the one who received the higher number
of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and
of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of
article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of
four years. The terms and conditions of service shall be those of the judges of the International Court
of Justice. They shall be eligible for re-election.
Article 13 ter. Election and appointment of ad litem judges
1. The ad litem judges of the International Tribunal shall be elected by the General Assembly
from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for ad litem judges of the International
Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters.
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to four candidates meeting the qualifications set out in article 13 of the Statute, taking
into account the importance of a fair representation of female and male candidates.
(c) The Secretary-General shall forward the nominations received to the Security Council.
From the nominations received the Security Council shall establish a list of not less than fifty-four
candidates, taking due account of the adequate representation of the principal legal systems of the
world and bearing in mind the importance of equitable geographical distribution.
(d) The President of the Security Council shall transmit the list of candidates to the President
of the General Assembly. From that list the General Assembly shall elect the twenty-seven ad litem
judges of the International Tribunal. The candidates who receive an absolute majority of the votes
of the States Members of the United Nations and of the non-member States maintaining permanent
observer missions at United Nations Headquarters shall be declared elected.
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310
(e) The ad litem judges shall be elected for a term of four years. They shall be eligible for reelection.
2. During any term, ad litem judges will be appointed by the Secretary-General, upon request
of the President of the International Tribunal, to serve in the Trial Chambers for one or more trials,
for a cumulative period of up to, but not including, three years. When requesting the appointment
of any particular ad litem judge, the President of the International Tribunal shall bear in mind the
criteria set out in article 13 of the Statute regarding the composition of the Chambers and sections
of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number
of votes the ad litem judge received in the General Assembly.
Article 13 quater. Status of ad litem judges
1. During the period in which they are appointed to serve in the International Tribunal, ad
litem judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal;
(d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to try.
2. During the period in which they are appointed to serve in the International Tribunal, ad
litem judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the Tribunal or the
Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;
(b)
Have power:
(i)
To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They
shall, however, be consulted before the adoption of those rules;
(ii)
To review an indictment pursuant to article 19 of the Statute;
(iii)
To consult with the President in relation to the assignment of judges pursuant
to article 14 of the Statute or in relation to a pardon or commutation of sentence
pursuant to article 28 of the Statute.
3. Notwithstanding, paragraphs 1 and 2 above, an ad litem judge who is serving as a reserve
judge shall, during such time as he or she so serves:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal;
(b) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal;
(c) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the same powers
as permanent judges.
4. In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she
will, as of that time, benefit from the provisions of paragraph 1 above.
Article 14. Officers and members of the Chambers
1. The permanent judges of the International Tribunal shall elect a President from amongst
their number.
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2. The President of the International Tribunal shall be a member of the Appeals Chamber and
shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President shall
assign four of the permanent judges elected or appointed in accordance with article 13 bis of the Statute
to the Appeals Chamber and nine to the Trial Chambers. Notwithstanding the provisions of article 12,
paragraph 1, and article 12, paragraph 3, the President may assign to the Appeals Chamber up to four
additional permanent judges serving in the Trial Chambers, on the completion of the cases to which
each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be
the same as the term of office of the judges serving in the Appeals Chamber.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed
in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of
that Tribunal, in consultation with the President of the International Tribunal, to be members of the
Appeals Chamber and permanent judges of the International Tribunal. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, up to four additional permanent judges
serving in the Trial Chambers of the International Criminal Tribunal for Rwanda may be assigned
to the Appeals Chamber by the President of that Tribunal, on the completion of the cases to which
each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be
the same as the term of office of the judges serving in the Appeals Chamber.
5. After consultation with the permanent judges of the International Tribunal, the President
shall assign such ad litem judges as may from time to time be appointed to serve in the International
Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst
their number, who shall oversee the work of the Trial Chamber as a whole.
Article 15. Rules of procedure and evidence
The judges of the International Tribunal shall adopt rules of procedure and evidence for the
conduct of the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the
protection of victims and witnesses and other appropriate matters.
Article 16. The Prosecutor
1. The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the
former Yugoslavia since 1 January 1991.
2. The Prosecutor shall act independently as a separate organ of the International Tribunal.
He or she shall not seek or receive instructions from any Government or from any other source.
3. The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff
as may be required.
4. The Prosecutor shall be appointed by the Security Council on nomination by the SecretaryGeneral. He or she shall be of high moral character and possess the highest level of competence and
experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall
serve for a four-year term and be eligible for reappointment. The terms and conditions of service of
the Prosecutor shall be those of an Under-Secretary-General of the United Nations.
5. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the
recommendation of the Prosecutor.
Article 17. The Registry
1. The Registry shall be responsible for the administration and servicing of the International
Tribunal.
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2. The Registry shall consist of a Registrar and such other staff as may be required.
3. The Registrar shall be appointed by the Secretary-General after consultation with the President of the International Tribunal. He or she shall serve for a four-year term and be eligible for
reappointment. The terms and conditions of service of the Registrar shall be those of an Assistant
Secretary-General of the United Nations.
4. The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.
Article 18. Investigation and preparation of indictment
1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained
from any source, particularly from Governments, United Nations organs, intergovernmental and
nongovernmental organisations. The Prosecutor shall assess the information received or obtained
and decide whether there is sufficient basis to proceed.
2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect
evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as
appropriate, seek the assistance of the State authorities concerned.
3. If questioned, the suspect shall be entitled to be assisted by counsel of his own choice, including the right to have legal assistance assigned to him without payment by him in any such case if
he does not have sufficient means to pay for it, as well as to necessary translation into and from a
language he speaks and understands.
4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused
is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.
Article 19. Review of the indictment
1. The judge of the Trial Chamber to whom the indictment has been transmitted shall review
it. If satisfied that a prima facie case has been established by the Prosecutor, he shall confirm the
indictment. If not so satisfied, the indictment shall be dismissed.
2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue
such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other
orders as may be required for the conduct of the trial.
Article 20. Commencement and conduct of trial proceedings
1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are
conducted in accordance with the rules of procedure and evidence, with full respect for the rights
of the accused and due regard for the protection of victims and witnesses.
2. A person against whom an indictment has been confirmed shall, pursuant to an order or an
arrest warrant of the International Tribunal, be taken into custody, immediately informed of the
charges against him and transferred to the International Tribunal.
3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are
respected, confirm that the accused understands the indictment, and instruct the accused to enter
a plea. The Trial Chamber shall then set the date for trial.
4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in
accordance with its rules of procedure and evidence.
Article 21. Rights of the accused
1. All persons shall be equal before the International Tribunal.
2. In the determination of charges against him, the accused shall be entitled to a fair and public
hearing, subject to article 22 of the Statute.
Statute of International Criminal Tribunal for the former Yugoslavia
313
3. The accused shall be presumed innocent until proved guilty according to the provisions of
the present Statute.
4. In the determination of any charge against the accused pursuant to the present Statute, the
accused shall be entitled to the following minimum guarantees, in full equality:
(a) to be informed promptly and in detail in a language which he understands of the nature
and cause of the charge against him;
(b) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(c)
to be tried without undue delay;
(d) to be tried in his presence, and to defend himself in person or through legal assistance
of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have
legal assistance assigned to him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f ) to have the free assistance of an interpreter if he cannot understand or speak the language
used in the International Tribunal;
(g) not to be compelled to testify against himself or to confess guilt.
Article 22. Protection of victims and witnesses
The International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to,
the conduct of in camera proceedings and the protection of the victim’s identity.
Article 23. Judgement
1. The Trial Chambers shall pronounce judgements and impose sentences and penalties on
persons convicted of serious violations of international humanitarian law.
2. The judgement shall be rendered by a majority of the judges of the Trial Chamber, and shall
be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.
Article 24. Penalties
1. The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice
regarding prison sentences in the courts of the former Yugoslavia.
2. In imposing the sentences, the Trial Chambers should take into account such factors as the
gravity of the offence and the individual circumstances of the convicted person.
3. In addition to imprisonment, the Trial Chambers may order the return of any property and
proceeds acquired by criminal conduct, including by means of duress, to their rightful owners.
Article 25. Appellate proceedings
1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or
from the Prosecutor on the following grounds:
(a)
an error on a question of law invalidating the decision; or
(b)
an error of fact which has occasioned a miscarriage of justice.
2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.
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Article 26. Review proceedings
Where a new fact has been discovered which was not known at the time of the proceedings
before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor
in reaching the decision, the convicted person or the Prosecutor may submit to the International
Tribunal an application for review of the judgement.
Article 27. Enforcement of sentences
Imprisonment shall be served in a State designated by the International Tribunal from a list of
States which have indicated to the Security Council their willingness to accept convicted persons.
Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to
the supervision of the International Tribunal.
Article 28. Pardon or commutation of sentences
If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he
or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal accordingly. The President of the International Tribunal, in consultation with the
judges, shall decide the matter on the basis of the interests of justice and the general principles of law.
Article 29. Co-operation and judicial assistance
1. States shall co-operate with the International Tribunal in the investigation and prosecution
of persons accused of committing serious violations of international humanitarian law.
2. States shall comply without undue delay with any request for assistance or an order issued
by a Trial Chamber, including, but not limited to:
(a)
the identification and location of persons;
(b)
the taking of testimony and the production of evidence;
(c)
the service of documents;
(d) the arrest or detention of persons;
(e)
the surrender or the transfer of the accused to the International Tribunal.
Article 30. The status, privileges and immunities of the International Tribunal
1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946
shall apply to the International Tribunal, the judges, the Prosecutor and his staff, and the Registrar
and his staff.
2. The judges, the Prosecutor and the Registrar shall enjoy the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities
accorded to officials of the United Nations under articles V and VII of the Convention referred to
in paragraph 1 of this article.
4. Other persons, including the accused, required at the seat of the International Tribunal shall
be accorded such treatment as is necessary for the proper functioning of the International Tribunal.
Article 31. Seat of the International Tribunal
The International Tribunal shall have its seat at The Hague.
Article 32. Expenses of the International Tribunal
The expenses of the International Tribunal shall be borne by the regular budget of the United
Nations in accordance with Article 17 of the Charter of the United Nations.
Security Council resolution 955 (1994)
315
Article 33. Working languages
The working languages of the International Tribunal shall be English and French.
Article 34. Annual report
The President of the International Tribunal shall submit an annual report of the International
Tribunal to the Security Council and to the General Assembly.
International Criminal Tribunal for Rwanda
89. Security Council resolution 955 (1994)
Adopted by the Security Council at its 3453rd meeting on 8 November 1994
The Security Council,
Reaffirming all its previous resolutions on the situation in Rwanda,
Having considered the reports of the Secretary-General pursuant to paragraph 3 of resolution
935 (1994) of 1 July 1994 (S/1994/879 and S/1994/906), and having taken note of the reports of the
Special Rapporteur for Rwanda of the United Nations Commission on Human Rights (S/1994/1157,
annex I and annex II),
Expressing appreciation for the work of the Commission of Experts established pursuant to
resolution 935 (1994), in particular its preliminary report on violations of international humanitarian law in Rwanda transmitted by the Secretary-General’s letter of 1 October 1994 (S/1994/1125),
Expressing once again its grave concern at the reports indicating that genocide and other
systematic, widespread and flagrant violations of international humanitarian law have been committed in Rwanda,
Determining that this situation continues to constitute a threat to international peace and
security,
Determined to put an end to such crimes and to take effective measures to bring to justice the
persons who are responsible for them,
Convinced that in the particular circumstances of Rwanda, the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be achieved
and would contribute to the process of national reconciliation and to the restoration and maintenance of peace,
Believing that the establishment of an international tribunal for the prosecution of persons
responsible for genocide and the other above-mentioned violations of international humanitarian
law will contribute to ensuring that such violations are halted and effectively redressed,
Stressing also the need for international cooperation to strengthen the courts and judicial
system of Rwanda, having regard in particular to the necessity for those courts to deal with large
numbers of suspects,
Considering that the Commission of Experts established pursuant to resolution 935 (1994)
should continue on an urgent basis the collection of information relating to evidence of grave violations of international humanitarian law committed in the territory of Rwanda and should submit
its final report to the Secretary-General by 30 November 1994,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides hereby, having received the request of the Government of Rwanda (S/1994/1115),
to establish an international tribunal for the sole purpose of prosecuting persons responsible for
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genocide and other serious violations of international humanitarian law committed in the territory
of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in
the territory of neighbouring States, between 1 January 1994 and 31 December 1994 and to this end
to adopt the Statute of the International Criminal Tribunal for Rwanda annexed hereto;
2. Decides that all States shall cooperate fully with the International Tribunal and its organs
in accordance with the present resolution and the Statute of the International Tribunal and that
consequently all States shall take any measures necessary under their domestic law to implement
the provisions of the present resolution and the Statute, including the obligation of States to comply
with requests for assistance or orders issued by a Trial Chamber under Article 28 of the Statute, and
requests States to keep the Secretary-General informed of such measures;
3. Considers that the Government of Rwanda should be notified prior to the taking of decisions
under articles 26 and 27 of the Statute;
4. Urges States and intergovernmental and non-governmental organizations to contribute
funds, equipment and services to the International Tribunal, including the offer of expert personnel;
5. Requests the Secretary-General to implement this resolution urgently and in particular to
make practical arrangements for the effective functioning of the International Tribunal, including
recommendations to the Council as to possible locations for the seat of the International Tribunal
at the earliest time and to report periodically to the Council;
6. Decides that the seat of the International Tribunal shall be determined by the Council
having regard to considerations of justice and fairness as well as administrative efficiency, including access to witnesses, and economy, and subject to the conclusion of appropriate arrangements
between the United Nations and the State of the seat, acceptable to the Council, having regard to the
fact that the International Tribunal may meet away from its seat when it considers it necessary for
the efficient exercise of its functions; and decides that an office will be established and proceedings
will be conducted in Rwanda, where feasible and appropriate, subject to the conclusion of similar
appropriate arrangements;
7. Decides to consider increasing the number of judges and Trial Chambers of the International Tribunal if it becomes necessary;
8. Decides to remain actively seized of the matter.
Annex
[For the text of the Statute of the International Tribunal for Rwanda, as amended, see following document.]
Statute of the International Criminal Tribunal for Rwanda
317
90. Statute of the International Criminal Tribunal
for Rwanda
Adopted by Security Council resolution 955 (1994) on 8 November 1994*
As amended by the Security Council acting under Chapter VII of the Charter of the United
Nations, the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory
of Rwanda and Rwandan Citizens responsible for genocide and other such violations committed
in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter
referred to as “The International Tribunal for Rwanda”) shall function in accordance with the provisions of the present Statute.
Article 1. Competence of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall have the power to prosecute persons responsible
for serious violations of international humanitarian law committed in the territory of Rwanda and
Rwandan citizens responsible for such violations committed in the territory of neighbouring States
between 1 January 1994 and 31 December 1994, in accordance with the provisions of the present
Statute.
Article 2. Genocide
1. The International Tribunal for Rwanda shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this Article or of committing any of the other acts
enumerated in paragraph 3 of this Article.
2. Genocide means any of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
3. The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article 3. Crimes against humanity
The International Tribunal for Rwanda shall have the power to prosecute persons responsible
for the following crimes when committed as part of a widespread or systematic attack against any
civilian population on national, political, ethnic, racial or religious grounds:
*
Text as amended, inter alia, by Security Council resolutions 1165 (1998) of 30 April 1998,
1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1503
(2003) of 28 August 2003, 1512 (2003) of 27 October 2003, 1534 (2004) of 26 March 2004, 1684 (2006) of
13 June 2006, 1717 (2006) of 13 October 2006 , 1824 (2008) of 18 July 2008, 1855 (2008) of 19 December
2008, 1878 (2009) of 7 July 2009, and 1901 (2009) of 16 December 2009.
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318
(a)
Murder;
(b) Extermination;
(c)
Enslavement;
(d) Deportation;
(e)
Imprisonment;
(f ) Torture;
(g) Rape;
(h) Persecutions on political, racial and religious grounds;
(i)
Other inhumane acts.
Article 4. Violations of Article 3 common to the Geneva Conventions and
of Additional Protocol II
The International Tribunal for Rwanda shall have the power to prosecute persons committing
or ordering to be committed serious violations of Article 3 common to the Geneva Conventions of
12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June
1977. These violations shall include, but shall not be limited to:
(a) Violence to life, health and physical or mental well-being of persons, in particular murder
as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
(b)
Collective punishments;
(c)
Taking of hostages;
(d) Acts of terrorism;
(e) Outrages upon personal dignity, in particular humiliating and degrading treatment,
rape, enforced prostitution and any form of indecent assault;
(f ) Pillage;
(g) The passing of sentences and the carrying out of executions without previous judgement
pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilised peoples;
(h) Threats to commit any of the foregoing acts.
Article 5. Personal jurisdiction
The International Tribunal for Rwanda shall have jurisdiction over natural persons pursuant
to the provisions of the present Statute.
Article 6. Individual criminal responsibility
1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in
the planning, preparation or execution of a crime referred to in Articles 2 to 4 of the present Statute,
shall be individually responsible for the crime.
2. The official position of any accused person, whether as Head of state or government or as a
responsible government official, shall not relieve such person of criminal responsibility nor mitigate
punishment.
3. The fact that any of the acts referred to in Articles 2 to 4 of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew
or had reason to know that the subordinate was about to commit such acts or had done so and the
superior failed to take the necessary and reasonable measures to prevent such acts or to punish the
perpetrators thereof.
Statute of the International Criminal Tribunal for Rwanda
319
4. The fact that an accused person acted pursuant to an order of a government or of a superior
shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal for Rwanda determines that justice so requires.
Article 7. Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal for Rwanda shall extend to the territory of Rwanda including its land surface and airspace as well as to the territory of neighbouring
States in respect of serious violations of international humanitarian law committed by Rwandan
citizens. The temporal jurisdiction of the International Tribunal for Rwanda shall extend to a period
beginning on 1 January 1994 and ending on 31 December 1994.
Article 8. Concurrent jurisdiction
1. The International Tribunal for Rwanda and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in
the territory of Rwanda and Rwandan citizens for such violations committed in the territory of the
neighbouring States, between 1 January 1994 and 31 December 1994.
2. The International Tribunal for Rwanda shall have the primacy over the national courts of all
States. At any stage of the procedure, the International Tribunal for Rwanda may formally request
national courts to defer to its competence in accordance with the present Statute and the Rules of
Procedure and Evidence of the International Tribunal for Rwanda.
Article 9. Non bis in idem
1. No person shall be tried before a national court for acts constituting serious violations of
international humanitarian law under the present Statute, for which he or she has already been tried
by the International Tribunal for Rwanda.
2. A person who has been tried before a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal
for Rwanda only if:
(a)
The act for which he or she was tried was characterised as an ordinary crime; or
(b) The national court proceedings were not impartial or independent, were designed to
shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the International Tribunal for Rwanda shall take into account the extent to which any
penalty imposed by a national court on the same person for the same act has already been served.
Article 10. Organisation of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the following organs:
(a)
The Chambers, comprising three Trial Chambers and an Appeals Chamber;
(b) The Prosecutor;
(c)
A Registry.
Article 11. Composition of the Chambers
1. The Chambers shall be composed of a maximum of sixteen permanent independent judges,
no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem
independent judges appointed in accordance with article 12 ter, paragraph 2, of the present Statute,
no two of whom may be nationals of the same State.
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2. Each Trial Chamber may be divided into sections of three judges each. A section of a Trial
Chamber shall have the same powers and responsibilities as a Trial Chamber under the present
Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a
national of the State in which that person ordinarily exercises civil and political rights.
Article 12. Qualification and election of judges
The permanent and ad litem judges shall be persons of high moral character, impartiality and
integrity who possess the qualifications required in their respective countries for appointment to
the highest judicial offices. In the overall composition of the Chambers and sections of the Trial
Chambers, due account shall be taken of the experience of the judges in criminal law, international
law, including international humanitarian law and human rights law.
Article 12 bis. Election of permanent judges
1. Eleven of the permanent judges of the International Tribunal for Rwanda shall be elected
by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for permanent judges of the International
Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to two candidates meeting the qualifications set out in article 12 of the present Statute,
no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia
since 1991 (hereinafter referred to as ‘the International Tribunal for the Former Yugoslavia’) in
accordance with article 13 bis of the Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council.
From the nominations received the Security Council shall establish a list of not less than twenty-two
and not more than thirty-three candidates, taking due account of the adequate representation on
the International Tribunal for Rwanda of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President
of the General Assembly. From that list the General Assembly shall elect eleven permanent judges of
the International Tribunal for Rwanda. The candidates who receive an absolute majority of the votes
of the States Members of the United Nations and of the non-member States maintaining permanent
observer missions at United Nations Headquarters, shall be declared elected. Should two candidates
of the same nationality obtain the required maj ority vote, the one who received the higher number
of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and
of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of
article 12 of the present Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of
four years. The terms and conditions of service shall be those of the permanent judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.
Statute of the International Criminal Tribunal for Rwanda
321
Article 12 ter. Election and appointment of ad litem judges
1. The ad litem judges of the International Tribunal for Rwanda shall be elected by the General
Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for ad litem judges of the International
Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to four candidates meeting the qualifications set out in article 12 of the present Statute,
taking into account the importance of a fair representation of female and male candidates;
(c) The Secretary-General shall forward the nominations received to the Security Council.
From the nominations received the Security Council shall establish a list of not less than thirty-six
candidates, taking due account of the adequate representation of the principal legal systems of the
world and bearing in mind the importance of equitable geographical distribution;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the eighteen ad litem
judges of the International Tribunal for Rwanda. The candidates who receive an absolute majority
of the votes of the States Members of the United Nations and of the non-member States maintaining
permanent observer missions at United Nations Headquarters shall be declared elected;
(e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for
re-election.
2. During their term, ad litem judges will be appointed by the Secretary-General, upon request
of the President of the International Tribunal for Rwanda, to serve in the Trial Chambers for one or
more trials, for a cumulative period of up to, but not including, three years. When requesting the
appointment of any particular ad litem judge, the President of the International Tribunal for Rwanda shall bear in mind the criteria set out in article 12 of the present Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraphs
1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.
Article 12 quater. Status of ad litem judges
1. During the period in which they are appointed to serve in the International Tribunal for
Rwanda, ad litem judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal for Rwanda;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal for Rwanda;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal for Rwanda;
(d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to try.
2. During the period in which they are appointed to serve in the International Tribunal for
Rwanda, ad litem judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the International
Tribunal for Rwanda or the Presiding Judge of a Trial Chamber pursuant to article 13 of the present
Statute;
(b) Have power:
(i)
To adopt rules of procedure and evidence pursuant to article 14 of the present
Statute. They shall, however, be consulted before the adoption of those rules;
(ii)
To review an indictment pursuant to article 18 of the present Statute;
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322
(iii)
To consult with the President of the International Tribunal for Rwanda in relation
to the assignment of judges pursuant to article 13 of the present Statute or in relation to a pardon or commutation of sentence pursuant to article 27 of the present
Statute.
Article 13. Officers and members of the Chambers
1. The permanent judges of the International Tribunal for Rwanda shall elect a President from
amongst their number.
2. The President of the International Tribunal for Rwanda shall be a member of one of its Trial
Chambers.
3. After consultation with the permanent judges of the International Tribunal for Rwanda, the
President shall assign two of the permanent judges elected or appointed in accordance with article
12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for
the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda.
Notwithstanding the provisions of article 11, paragraph 1, and article 11, paragraph 3, the President
may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial
Chambers, on the completion of the cases to which each judge is assigned. The term of office of each
judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.
4. The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal for
Rwanda.
5. After consultation with the permanent judges of the International Tribunal for Rwanda, the
President shall assign such ad litem judges as may from time to time be appointed to serve in the
International Tribunal for Rwanda to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst
their number, who shall oversee the work of that Trial Chamber as a whole.
Article 14. Rules of procedure and evidence
The Judges of the International Tribunal for Rwanda shall adopt, for the purpose of proceedings before the International Tribunal for Rwanda, the Rules of Procedure and Evidence for the
conduct of the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the
protection of victims and witnesses and other appropriate matters of the International Tribunal for
the former Yugoslavia with such changes as they deem necessary.
Article 15. The Prosecutor
1. The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda
and Rwandan citizens responsible for such violations committed in the territory of neighbouring
States, between 1 January 1994 and 31 December 1994.
2. The Prosecutor shall act independently as a separate organ of the International Tribunal for
Rwanda. He or she shall not seek or receive instructions from any government or from any other
source.
3. The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff
as may be required.
4. The Prosecutor shall be appointed by the Security Council on nomination by the SecretaryGeneral. He or she shall be of high moral character and possess the highest level of competence and
experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall
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serve for a four-year term and be eligible for reappointment. The terms and conditions of service of
the Prosecutor shall be those of an Under-Secretary-General of the United Nations.
5. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the
recommendation of the Prosecutor.
Article 16. The Registry
1. The Registry shall be responsible for the administration and servicing of the International
Tribunal for Rwanda.
2. The Registry shall consist of a Registrar and such other staff as may be required.
3. The Registrar shall be appointed by the Secretary-General after consultation with the President of the International Tribunal for Rwanda. He or she shall serve for a four-year term and be
eligible for re-appointment. The terms and conditions of service of the Registrar shall be those of an
Assistant Secretary-General of the United Nations.
4. The Staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.
Article 17. Investigation and preparation of indictment
1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained
from any source, particularly from governments, United Nations organs, intergovernmental and
non-governmental organizations. The Prosecutor shall assess the information received or obtained
and decide whether there is sufficient basis to proceed.
2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect
evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as
appropriate, seek the assistance of the State authorities concerned.
3. If questioned, the suspect shall be entitled to be assisted by Counsel of his or her own choice,
including the right to have legal assistance assigned to the suspect without payment by him or her in
any such case if he or she does not have sufficient means to pay for it, as well as necessary translation
into and from a language he or she speaks and understands.
4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused
is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.
Article 18. Review of the indictment
1. The judge of the Trial Chamber to whom the indictment has been transmitted shall review
it. If satisfied that a prima facie case has been established by the Prosecutor, he or she shall confirm
the indictment. If not so satisfied, the indictment shall be dismissed.
2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue
such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other
orders as may be required for the conduct of the trial.
Article 19. Commencement and conduct of trial proceedings
1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are
conducted in accordance with the Rules of Procedure and Evidence, with full respect for the rights
of the accused and due regard for the protection of victims and witnesses.
2. A person against whom an indictment has been confirmed shall, pursuant to an order or an
arrest warrant of the International Tribunal for Rwanda, be taken into custody, immediately informed
of the charges against him or her and transferred to the International Tribunal for Rwanda.
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3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are
respected, confirm that the accused understands the indictment, and instruct the accused to enter
a plea. The Trial Chamber shall then set the date for trial.
4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in
accordance with its Rules of Procedure and Evidence.
Article 20. Rights of the accused
1. All persons shall be equal before the International Tribunal for Rwanda.
2. In the determination of charges against him or her, the accused shall be entitled to a fair and
public hearing, subject to Article 21 of the Statute.
3. The accused shall be presumed innocent until proven guilty according to the provisions of
the present Statute.
4. In the determination of any charge against the accused pursuant to the present Statute, the
accused shall be entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he or she understands of the
nature and cause of the charge against him or her;
(b) To have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;
(c)
To be tried without undue delay;
(d) To be tried in his or her presence, and to defend himself or herself in person or through
legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance,
of this right; and to have legal assistance assigned to him or her, in any case where the interest of
justice so require, and without payment by him or her in any such case if he or she does not have
sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses
against him or her;
(f ) To have the free assistance of an interpreter if he or she cannot understand or speak the
language used in the International Tribunal for Rwanda;
(g) Not to be compelled to testify against himself or herself or to confess guilt.
Article 21. Protection of victims and witnesses
The International Tribunal for Rwanda shall provide in its Rules of Procedure and Evidence
for the protection of victims and witnesses. Such protection measures shall include, but shall not be
limited to, the conduct of in camera proceedings and the protection of the victim’s identity.
Article 22. Judgement
1. The Trial Chambers shall pronounce judgements and impose sentences and penalties on
persons convicted of serious violations of international humanitarian law.
2. The judgement shall be rendered by a majority of the judges of the Trial Chamber, and shall
be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.
Article 23. Penalties
1. The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice
regarding prison sentences in the courts of Rwanda.
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2. In imposing the sentences, the Trial Chambers should take into account such factors as the
gravity of the offence and the individual circumstances of the convicted person.
3. In addition to imprisonment, the Trial Chambers may order the return of any property and
proceeds acquired by criminal conduct, including by means of duress, to their rightful owners.
Article 24. Appellate proceedings
1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or
from the Prosecutor on the following grounds:
(a) An error on a question of law invalidating the decision; or
(b) An error of fact which has occasioned a miscarriage of justice.
2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.
Article 25. Review proceedings
Where a new fact has been discovered which was not known at the time of the proceedings
before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor
in reaching the decision, the convicted person or the Prosecutor may submit to the International
Tribunal for Rwanda an application for review of the judgement.
Article 26. Enforcement of sentences
Imprisonment shall be served in Rwanda or any of the States on a list of States which have
indicated to the Security Council their willingness to accept convicted persons, as designated by the
International Tribunal for Rwanda. Such imprisonment shall be in accordance with the applicable
law of the State concerned, subj ect to the supervision of the International Tribunal for Rwanda.
Article 27. Pardon or commutation of sentences
If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he
or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal for Rwanda accordingly. There shall only be pardon or commutation of sentence
if the President of the International Tribunal for Rwanda, in consultation with the judges, so decides
on the basis of the interests of justice and the general principles of law.
Article 28. Cooperation and judicial assistance
1. States shall cooperate with the International Tribunal for Rwanda in the investigation and
prosecution of persons accused of committing serious violations of international humanitarian law.
2. States shall comply without undue delay with any request for assistance or an order issued
by a Trial Chamber, including but not limited to:
(a) The identification and location of persons;
(b) The taking of testimony and the production of evidence;
(c) The service of documents;
(d) The arrest or detention of persons;
(e) The surrender or the transfer of the accused to the International Tribunal for Rwanda.
Article 29. The status, privileges and immunities of the International Tribunal for Rwanda
1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946
shall apply to the International Tribunal for Rwanda, the judges, the Prosecutor and his or her staff,
and the Registrar and his or her staff.
2. The judges, the Prosecutor and the Registrar shall enjoy the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
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3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities
accorded to officials of the United Nations under Articles V and VII of the Convention referred to
in paragraph 1 of this article.
4. Other persons, including the accused, required at the seat or meeting place of the International Tribunal for Rwanda shall be accorded such treatment as is necessary for the proper functioning of the International Tribunal for Rwanda.
Article 30. Expenses of the International Tribunal for Rwanda
The expenses of the International Tribunal for Rwanda shall be expenses of the Organisation
in accordance with Article 17 of the Charter of the United Nations.
Article 31. Working languages
The working languages of the International Tribunal for Rwanda shall be English and French.
Article 32. Annual report
The President of the International Tribunal for Rwanda shall submit an annual report of the
International Tribunal for Rwanda to the Security Council and to the General Assembly.
International Residual Mechanism for Criminal Tribunals
91. STATUTE OF THE INTERNATIONAL RESIDUAL MECHANISM
FOR CRIMINAL TRIBUNALS (IRMCT)
Security Council resolution 1966 (2010) of 22 December 2010, annex
Preamble
Having been established by the Security Council acting under Chapter VII of the Charter of
the United Nations to carry out residual functions of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed
in the Territory of the Former Yugoslavia since 1991 (hereinafter “ICTY”) and the International
Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan
citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter “ICTR”), the International Residual Mechanism for Criminal Tribunals (hereinafter “the Mechanism”) shall function
in accordance with the provisions of the present Statute,
Article 1. Competence of the Mechanism
1. The Mechanism shall continue the material, territorial, temporal and personal jurisdiction
of the ICTY and the ICTR as set out in Articles 1 to 8 of the ICTY Statute and Articles 1 to 7 of the
ICTR Statute,1 as well as the rights and obligations, of the ICTY and the ICTR, subject to the provisions of the present Statute.
2. The Mechanism shall have the power to prosecute, in accordance with the provisions of
the present Statute, the persons indicted by the ICTY or the ICTR who are among the most senior
See Articles 1 to 8 ICTY Statute (S/RES/827 (1993) and Annex to S/25704 and Add.17658 (1993))
and Articles 1 to 7 ICTR Statute (Annex to S/RES/955 (1994)).
1
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leaders suspected of being most responsible for the crimes covered by paragraph 1 of this Article,
considering the gravity of the crimes charged and the level of responsibility of the accused.
3. The Mechanism shall have the power to prosecute, in accordance with the provisions of
the present Statute, the persons indicted by the ICTY or the ICTR who are not among the most
senior leaders covered by paragraph 2 of this Article, provided that the Mechanism may only, in
accordance with the provisions of the present Statute, proceed to try such persons itself after it has
exhausted all reasonable efforts to refer the case as provided in Article 6 of the present Statute.
4. The Mechanism shall have the power to prosecute, in accordance with the provisions of the
present Statute,
(a) any person who knowingly and wilfully interferes or has interfered with the administration of justice by the Mechanism or the Tribunals, and to hold such person in contempt; or
(b) a witness who knowingly and wilfully gives or has given false testimony before the Mechanism or the Tribunals.
Before proceeding to try such persons, the Mechanism shall consider referring the case to the
authorities of a State in accordance with Article 6 of the present Statute, taking into account the
interests of justice and expediency.
5. The Mechanism shall not have the power to issue any new indictments against persons other
than those covered by this Article.
Article 2. Functions of the Mechanism
The Mechanism shall continue the functions of the ICTY and of the ICTR, as set out in the
present Statute (“residual functions”), during the period of its operation.
Article 3. Structure and seats of the Mechanism
The Mechanism shall have two branches, one branch for the ICTY and one branch for the
ICTR, respectively. The branch for the ICTY shall have its seat in The Hague. The branch for the
ICTR shall have its seat in Arusha.
Article 4. Organization of the Mechanism
The Mechanism shall consist of the following organs:
(a) The Chambers, comprising a Trial Chamber for each branch of the Mechanism and an
Appeals Chamber common to both branches of the Mechanism;
(b) The Prosecutor common to both branches of the Mechanism;
(c) The Registry, common to both branches of the Mechanism, to provide administrative
services for the Mechanism, including the Chambers and the Prosecutor.
Article 5. Concurrent jurisdiction
1. The Mechanism and national courts shall have concurrent jurisdiction to prosecute persons
covered by Article 1 of this Statute.
2. The Mechanism shall have primacy over national courts in accordance with the present Statute. At any stage of the procedure involving a person covered by Article 1 paragraph 2 of this Statute,
the Mechanism may formally request national courts to defer to its competence in accordance with
the present Statute and the Rules of Procedure and Evidence of the Mechanism.
Article 6. Referral of cases to national jurisdictions
1. The Mechanism shall have the power, and shall undertake every effort, to refer cases involving persons covered by paragraph 3 of Article 1 of this Statute to the authorities of a State in accord-
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328
ance with paragraphs 2 and 3 of this Article. The Mechanism shall have the power also to refer cases
involving persons covered by paragraph 4 of Article 1 of this Statute.
2. After an indictment has been confirmed and prior to the commencement of trial, irrespective of whether or not the accused is in the custody of the Mechanism, the President may designate a
Trial Chamber which shall determine whether the case should be referred to the authorities of a State:
(i)
in whose territory the crime was committed; or
(ii)
in which the accused was arrested; or
(iii)
having jurisdiction and being willing and adequately prepared to accept such a
case, so that those authorities should forthwith refer the case to the appropriate
court for trial within that State.
3. In determining whether to refer a case involving a person covered by paragraph 3 of Article 1 of this Statute in accordance with paragraph 2 above, the Trial Chamber shall, consistent with
Security Council resolution 1534 (2004), consider the gravity of the crimes charged and the level of
responsibility of the accused.
4. The Trial Chamber may order such referral proprio motu or at the request of the Prosecutor,
after having given to the Prosecutor and, where applicable, the accused, the opportunity to be heard
and after being satisfied that the accused will receive a fair trial and that the death penalty will not
be imposed or carried out.
5. The Mechanism shall monitor cases referred to national courts by the ICTY, the ICTR, and
those referred in accordance with this Article, with the assistance of international and regional
organisations and bodies.
6. After an order referring a case has been issued by the ICTY, the ICTR or the Mechanism and
before the accused is found guilty or acquitted by a national court, where it is clear that the conditions for referral of the case are no longer met and it is in the interests of justice, the Trial Chamber
may, at the request of the Prosecutor or proprio motu and upon having given to the State authorities
concerned the opportunity to be heard, revoke the order and make a formal request for deferral.
Article 7. Non bis in idem
1. No person shall be tried before a national court for acts constituting serious violations of
international humanitarian law under the present Statute, for which he or she has already been tried
by the ICTY, the ICTR or the Mechanism.
2. A person covered by Article 1 of this Statute who has been tried before a national court for
acts constituting serious violations of international humanitarian law may be subsequently tried by
the Mechanism only if:
(a)
The act for which he or she was tried was characterized as an ordinary crime; or
(b) The national court proceedings were not impartial or independent, were designed to
shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the Mechanism shall take into account the extent to which any penalty imposed by a
national court on the same person for the same act has already been served.
Article 8. Roster of judges
1. The Mechanism shall have a roster of 25 independent judges (“judges of the Mechanism”),
not more than two of whom may be nationals of the same State.
2. A person who for the purposes of membership of the roster could be regarded as a national
of more than one State shall be deemed to be a national of the State in which that person ordinarily
exercises civil and political rights.
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3. The judges of the Mechanism shall only be present at the seats of the branches of the Mechanism as necessary at the request of the President to exercise the functions requiring their presence.
In so far as possible, and as decided by the President, the functions may be exercised remotely, away
from the seats of the branches of the Mechanism.
4. The judges of the Mechanism shall not receive any remuneration or other benefits for being
on the roster. The terms and conditions of service of the judges for each day on which they exercise
their functions for the Mechanism shall be those of the judges ad hoc of the International Court of
Justice. The terms and conditions of service of the President of the Mechanism shall be those of the
judges of the International Court of Justice.
Article 9. Qualification of judges
1. The judges shall be persons of high moral character, impartiality and integrity who possess
the qualifications required in their respective countries for appointment to the highest judicial
offices. Particular account shall be taken of experience as judges of the ICTY or the ICTR.
2. In the composition of the Trial and Appeals Chambers, due account shall be taken of the
experience of the judges in criminal law, international law, including international humanitarian
law and human rights law.
Article 10. Election of judges
1. The judges of the Mechanism shall be elected by the General Assembly from a list submitted
by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for judges, preferably from among persons with experience as judges of the ICTY or the ICTR, from States Members of the United Nations
and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to two candidates meeting the qualifications set out in Article 9 paragraph 1 of the
Statute;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than 30
candidates, taking due account of the qualifications set out in Article 9 paragraph 1 and adequate
representation of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President
of the General Assembly. From that list the General Assembly shall elect 25 judges of the Mechanism. The candidates who receive an absolute majority of the votes of the States Members of the
United Nations and of the non-member States maintaining permanent observer missions at United
Nations Headquarters, shall be declared elected. Should more than two candidates of the same
nationality obtain the required majority vote, the two who received the highest number of votes
shall be considered elected.
2. In the event of a vacancy in the roster, after consultation with the Presidents of the Security
Council and of the General Assembly, the Secretary-General shall appoint a person meeting the
qualifications of Article 9 paragraph 1 of the Statute, for the remainder of the term of office concerned.
3. The judges of the Mechanism shall be elected for a term of four years and shall be eligible
for reappointment by the Secretary-General after consultation with the Presidents of the Security
Council and of the General Assembly.
4. If there are no judges remaining on the roster or if no judge on the roster is available for
appointment, and if it is not possible to assign a judge currently serving at the Mechanism, and all
practical alternatives having been explored, the Secretary-General may, at the request of the President of the Mechanism and after consultation with the Presidents of the Security Council and of
330
XI. International criminal law
the General Assembly, appoint a person meeting the qualifications of Article 9 paragraph 1 of the
Statute, to serve as a judge of the Mechanism.
Article 11. The President
1. After consultation with the President of the Security Council and the judges of the Mechanism, the Secretary-General shall appoint a full-time President from among the judges of the
Mechanism.
2. The President shall be present at either seat of the branches of the Mechanism as necessary
to exercise his or her functions.
Article 12. Assignment of judges and composition of the Chambers
1. In the event of a trial of a case pursuant to paragraphs 2 and 3 of Article 1 of this Statute,
or to consider the referral of such a case to a national jurisdiction, the President shall appoint three
judges from the roster to compose a Trial Chamber and the Presiding Judge from amongst their
number to oversee the work of that Trial Chamber. In all other circumstances, including trials
pursuant to paragraph 4 of Article 1 of this Statute, the President shall appoint a Single Judge from
the roster to deal with the matter.
2. The President may designate a duty judge from the roster for each branch of the Mechanism,
who will be available at short notice, to serve as a Single Judge and to whom indictments, warrants,
and other matters not assigned to a Trial Chamber, may be transmitted for decision.
3. The President of the Mechanism shall be a member of the Appeals Chamber, appoint the
other members and preside over its proceedings. In the event of an appeal against a decision by a
Single Judge, the Appeals Chamber shall be composed of three judges. In the event of an appeal
against a decision by a Trial Chamber, the Appeals Chamber shall be composed of five judges.
4. In the event of an application for review in accordance with Article 24 of this Statute of a
judgment rendered by a Single Judge or by a Trial Chamber, the President shall appoint three judges
to compose a Trial Chamber on review. In the event of an application for review of a judgment rendered by the Appeals Chamber, the Appeals Chamber on review shall be composed of five judges.
5. The President may appoint, from among the judges of the Mechanism, a reserve judge to
be present at each stage of a trial and to replace a judge if that judge is unable to continue sitting.
Article 13. Rules of Procedure and Evidence
1. The judges of the Mechanism shall adopt Rules of Procedure and Evidence for the conduct of
the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection
of victims and witnesses and other appropriate matters.
2. Amendments of the Rules of Procedure and Evidence may be decided remotely by the judges
of the Mechanism by written procedure.
3. The Rules of Procedure and Evidence and any amendments thereto shall take effect upon
adoption by the judges of the Mechanism unless the Security Council decides otherwise.
4. The Rules of Procedure and Evidence and amendments thereto shall be consistent with this
Statute.
Article 14. The Prosecutor
1. The Prosecutor shall be responsible for the investigation and prosecution of persons covered
by Article 1 of this Statute.
2. The Prosecutor shall act independently as a separate organ of the Mechanism. He or she
shall not seek or receive instructions from any government or from any other source.
3. The Office of the Prosecutor shall be composed of a Prosecutor, an officer in charge at the
seat of each branch of the Mechanism designated by the Prosecutor, and such other qualified staff
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331
as may be required, in accordance with paragraph 5 of this Article. The Prosecutor shall be present
at either seat of the branches of the Mechanism as necessary to exercise his or her functions.
4. The Prosecutor shall be appointed by the Security Council on nomination by the SecretaryGeneral. He or she shall be of high moral character and possess the highest level of competence and
experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall
serve for a four-year term and be eligible for reappointment. The terms and conditions of service of
the Prosecutor shall be those of an Under-Secretary-General of the United Nations.
5. The Office of the Prosecutor shall retain a small number of staff commensurate with the
reduced functions of the Mechanism, who shall serve at the seats of the branches of the Mechanism.
The Office shall maintain a roster of qualified potential staff, preferably from among persons with
experience at the ICTY or the ICTR, to enable it to recruit additional staff rapidly as may be required
to perform its functions. The staff of the Office of the Prosecutor shall be appointed by the SecretaryGeneral on the recommendation of the Prosecutor.
Article 15. The Registry
1. The Registry shall be responsible for the administration and servicing of the branches of
the Mechanism.
2. The Registry shall consist of a Registrar, an officer in charge at the seat of each branch of the
Mechanism designated by the Registrar, and such other qualified staff as may be required in accordance with paragraph 4 of this Article. The Registrar shall be present at either seat of the branches of
the Mechanism as necessary to exercise his or her functions.
3. The Registrar shall be appointed by the Secretary-General for a four-year term and be eligible for reappointment. The terms and conditions of service of the Registrar shall be those of an
Assistant Secretary-General of the United Nations.
4. The Registry shall retain a small number of staff commensurate with the reduced functions
of the Mechanism, who shall serve at the seat of the respective branches of the Mechanism. The
Registry shall maintain a roster of qualified potential staff, preferably from among persons with
experience at the ICTY or the ICTR, to enable it to recruit additional staff rapidly as may be required
to perform its functions. The Staff of the Registry shall be appointed by the Secretary-General on
the recommendation of the Registrar.
Article 16. Investigation and preparation of indictment
1. The Prosecutor shall have the power to conduct investigations against persons covered by
Article 1 of this Statute. The Prosecutor shall not have the power to prepare new indictments against
persons other than those covered by Article 1 of this Statute.
2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect
evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as
appropriate, seek the assistance of the State authorities concerned.
3. If questioned, the suspect shall be entitled to be assisted by Counsel of his or her own choice,
including the right to have legal assistance assigned to the suspect without payment by him or her in
any such case if he or she does not have sufficient means to pay for it, as well as necessary translation
into and from a language he or she speaks and understands.
4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is
charged under the Statute. The indictment shall be transmitted to the duty judge or a Single Judge
designated by the President.
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Article 17. Review of the indictment
1. The indictment shall be reviewed by the duty judge or a Single Judge designated by the
President. If satisfied that a prima facie case has been established by the Prosecutor, he or she shall
confirm the indictment. If not so satisfied, the indictment shall be dismissed.
2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue
such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other
orders as may be required for the conduct of the trial.
Article 18. Commencement and conduct of trial proceedings
1. The Single Judge or Trial Chambers conducting a trial shall ensure that the trial is fair and
expeditious and that proceedings are conducted in accordance with the Rules of Procedure and
Evidence, with full respect for the rights of the accused and due regard for the protection of victims
and witnesses.
2. A person against whom an indictment has been confirmed shall, pursuant to an order or
an arrest warrant of the Mechanism, be taken into custody, immediately informed of the charges
against him or her and transferred to the Mechanism.
3. The Single Judge or judge of the Trial Chamber designated by the President shall read the
indictment, ensure that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Single Judge or Trial Chamber
shall then set the date for trial.
4. The hearings shall be public unless the Single Judge or Trial Chamber decides to close the
proceedings in accordance with its Rules of Procedure and Evidence.
Article 19. Rights of the accused
1. All persons shall be equal before the Mechanism.
2. In the determination of charges against him or her, the accused shall be entitled to a fair and
public hearing, subject to Article 20 of the Statute.
3. The accused shall be presumed innocent until proved guilty according to the provisions of
the present Statute.
4. In the determination of any charge against the accused pursuant to the present Statute, the
accused shall be entitled to the following minimum guarantees, in full equality:
(a) to be informed promptly and in detail in a language which he or she understands of the
nature and cause of the charge against him or her;
(b) to have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;
(c)
to be tried without undue delay;
(d) to be tried in his or her presence, and to defend himself or herself in person or through
legal assistance of his own choosing; to be informed, if he or she does not have legal assistance, of
this right; and to have legal assistance assigned to him or her, in any case where the interests of
justice so require, and without payment by him or her in any such case if he or she does not have
sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses
against him or her;
(f ) to have the free assistance of an interpreter if he or she cannot understand or speak the
language used in the Mechanism;
(g) not to be compelled to testify against himself or herself or to confess guilt.
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333
Article 20. Protection of victims and witnesses
The Mechanism shall provide in its Rules of Procedure and Evidence for the protection of victims and witnesses in relation to the ICTY, the ICTR, and the Mechanism. Such protection measures
shall include, but shall not be limited to, the conduct of in camera proceedings and the protection
of the victim’s identity.
Article 21. Judgements
1. The Single Judge or Trial Chamber shall pronounce judgements and impose sentences and
penalties on persons covered by Article 1 of this Statute who are convicted by the Mechanism.
2. All judgements shall be delivered in public and shall be accompanied by a reasoned opinion
in writing. Judgements by a Chamber shall be rendered by a majority of the judges, to which separate
or dissenting opinions may be appended.
Article 22. Penalties
1. The penalty imposed on persons covered by paragraphs 2 and 3 of Article 1 of this Statute
shall be limited to imprisonment. The penalty imposed on persons covered by paragraph 4 of Article
1 of this Statute shall be a term of imprisonment not exceeding seven years, or a fine of an amount
to be determined in the Rules of Procedure and Evidence, or both.
2. In determining the terms of imprisonment, the Single Judge or Trial Chamber shall have
recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia
and in those of Rwanda, respectively.
3. In imposing the sentences, the Single Judge or Trial Chamber should take into account
such factors as the gravity of the offence and the individual circumstances of the convicted person.
4. In addition to imprisonment, the Single Judge or Trial Chamber may order the return of
any property and proceeds acquired by criminal conduct, including by means of duress, to their
rightful owners.
Article 23. Appellate proceedings
1. The Appeals Chamber shall hear appeals from convicted persons or from the Prosecutor on
the following grounds:
(a)
an error on a question of law invalidating the decision; or
(b) an error of fact which has occasioned a miscarriage of justice.
2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Single Judge
or Trial Chamber.
Article 24. Review proceedings
Where a new fact has been discovered which was not known at the time of the proceedings
before the Single Judge, Trial Chamber or the Appeals Chamber of the ICTY, the ICTR, or the
Mechanism and which could have been a decisive factor in reaching the decision, the convicted
person may submit to the Mechanism an application for review of the judgement. The Prosecutor may submit such an application within one year from the day that the final judgement was
pronounced. The Chamber shall only review the judgement if after a preliminary examination a
majority of judges of the Chamber agree that the new fact, if proved, could have been a decisive
factor in reaching a decision.
Article 25. Enforcement of sentences
1. Imprisonment shall be served in a State designated by the Mechanism from a list of States
with which the United Nations has agreements for this purpose. Such imprisonment shall be in
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accordance with the applicable law of the State concerned, subject to the supervision of the Mechanism.
2. The Mechanism shall have the power to supervise the enforcement of sentences pronounced
by the ICTY, the ICTR or the Mechanism, including the implementation of sentence enforcement
agreements entered into by the United Nations with Member States, and other agreements with
international and regional organizations and other appropriate organisations and bodies.
Article 26. Pardon or commutation of sentences
If, pursuant to the applicable law of the State in which the person convicted by the ICTY, the
ICTR, or the Mechanism is imprisoned, he or she is eligible for pardon or commutation of sentence,
the State concerned shall notify the Mechanism accordingly. There shall only be pardon or commutation of sentence if the President of the Mechanism so decides on the basis of the interests of
justice and the general principles of law.
Article 27. Management of the archives
1. Without prejudice to any prior conditions stipulated by, or arrangements with, the providers of information and documents, the archives of the ICTY, the ICTR and the Mechanism shall
remain the property of the United Nations. These archives shall be inviolable wherever located
pursuant to Section 4 of the Convention on the Privileges and Immunities of the United Nations of
13 February 1946.
2. The Mechanism shall be responsible for the management, including preservation and access,
of these archives. The archives of the ICTY and the ICTR shall be co-located with the respective
branches of the Mechanism.
3. In managing access to these archives, the Mechanism shall ensure the continued protection
of confidential information, including information concerning protected witnesses, and information provided on a confidential basis. For this purpose, the Mechanism shall implement an information security and access regime, including for the classification and declassification as appropriate
of the archives.
Article 28. Cooperation and judicial assistance
1. States shall cooperate with the Mechanism in the investigation and prosecution of persons
covered by Article 1 of this Statute.
2. States shall comply without undue delay with any request for assistance or an order issued
by a Single Judge or Trial Chamber in relation to cases involving persons covered by Article 1 of this
Statute, including, but not limited to:
(a)
the identification and location of persons;
(b) the taking of testimony and the production of evidence;
(c)
the service of documents;
(d) the arrest or detention of persons;
(e)
the surrender or the transfer of the accused to the Mechanism.
3. The Mechanism shall respond to requests for assistance from national authorities in relation
to investigation, prosecution and trial of those responsible for serious violations of international
humanitarian law in the countries of former Yugoslavia and Rwanda, including, where appropriate,
providing assistance in tracking fugitives whose cases have been referred to national authorities by
the ICTY, the ICTR, or the Mechanism.
Statute of the International Residual Mechanism for Criminal Tribunals
335
Article 29. The status, privileges and immunities of the Mechanism
1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946
shall apply to the Mechanism, the archives of the ICTY, the ICTR and the Mechanism, the judges,
the Prosecutor and his or her staff, and the Registrar and his or her staff.
2. The President, the Prosecutor and the Registrar shall enjoy the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys, in accordance with international law. The
judges of the Mechanism shall enjoy the same privileges and immunities, exemptions and facilities
when engaged on the business of the Mechanism.
3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities
accorded to officials of the United Nations under articles V and VII of the Convention referred to
in paragraph 1 of this Article.
4. Defence counsel, when holding a certificate that he or she has been admitted as counsel by
the Mechanism and when performing their official functions, and after prior notification by the
Mechanism to the receiving State of their mission, arrival and final departure, shall enjoy the same
privileges and immunities as are accorded to experts on mission for the United Nations under Article VI, Section 22, paragraphs (a) to (c), and Section 23, of the Convention referred to in paragraph 1
of this Article. Without prejudice to their privileges and immunities, it is the duty of defence counsel
enjoying such privileges and immunities to respect the laws and regulations of the receiving State.
5. Other persons, including the accused, required at the seats of the Mechanism, shall be
accorded such treatment as is necessary for the proper functioning of the Mechanism.
Article 30. Expenses of the Mechanism
The expenses of the Mechanism shall be expenses of the Organisation in accordance with
Article 17 of the Charter of the United Nations.
Article 31. Working languages
The working languages of the Mechanism shall be English and French.
Article 32. Reports
1. The President of the Mechanism shall submit an annual report of the Mechanism to the
Security Council and to the General Assembly.
2. The President and Prosecutor shall submit six-monthly reports to the Security Council on
the progress of the work of the Mechanism.
Annex. Transitional Arrangements
Article 1. Trial proceedings
1. The ICTY and ICTR shall have competence to complete all trial or referral proceedings which
are pending with them as of the commencement date of the respective branch of the Mechanism.
2. If a fugitive indicted by the ICTY or ICTR is arrested more than 12 months, or if a retrial
is ordered by the Appeals Chamber more than 6 months prior to the commencement date of the
respective branch of the Mechanism, the ICTY or ICTR, respectively, shall have competence over
such person in accordance with their respective Statutes and Rules of Procedure and Evidence to
conduct, and complete, the trial of such person, or to refer the case to the authorities of a State, as
appropriate.
3. If a fugitive indicted by the ICTY or ICTR is arrested 12 months or less, or if a retrial is
ordered 6 months or less prior to the commencement date of the respective branch of the Mechanism, the ICTY or ICTR, respectively, shall only have competence over such person in accordance
with their respective Statutes and Rules of Procedure and Evidence to prepare the trial of such
person, or to refer the case to the authorities of a State, as appropriate. As of the commencement
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XI. International criminal law
date of the respective branch of the Mechanism, the Mechanism shall have competence over such
person in accordance with Article 1 of its Statute, including trial of such person or referral of the
case, as appropriate.
4. If a fugitive indicted by the ICTY or ICTR is arrested or if a retrial is ordered on or after the
commencement date of the respective branch of the Mechanism, the Mechanism shall have competence over such person in accordance with Article 1 of its Statute.
Article 2. Appeals proceedings
1. The ICTY and ICTR shall have competence to conduct, and complete, all appellate proceedings for which the notice of appeal against the judgment or sentence is filed prior to the commencement date of the respective branch of the Mechanism.
2. The Mechanism shall have competence to conduct, and complete, all appellate proceedings
for which the notice of appeal against the judgment or sentence is filed on or after the commencement date of the respective branch of the Mechanism.
Article 3. Review proceedings
1. The ICTY and ICTR shall have competence to conduct, and complete, all review proceedings
for which the application for review of the judgment is filed prior to the commencement date of the
respective branch of the Mechanism.
2. The Mechanism shall have competence to conduct, and complete, all review proceedings for
which the application for review of the judgment is filed on or after the commencement date of the
respective branch of the Mechanism.
Article 4. Contempt of court and false testimony
1. The ICTY and ICTR shall have competence to conduct, and complete, all proceedings for
contempt of court and false testimony for which the indictment is confirmed prior to the commencement date of the respective branch of the Mechanism.
2. The Mechanism shall have competence to conduct, and complete, all proceedings for contempt of court and false testimony for which the indictment is confirmed on or after the commencement date of the respective branch of the Mechanism.
Article 5. Protection of victims and witnesses
1. The ICTY and ICTR shall provide for the protection of victims and witnesses, and carry out
all related judicial or prosecutorial functions, in relation to all cases for which the ICTY or ICTR,
respectively, has competence pursuant to Articles 1 to 4 of the present Annex.
2. The Mechanism shall provide for the protection of victims and witnesses, and carry out
all related judicial or prosecutorial functions, in relation to all cases for which the Mechanism has
competence pursuant to Articles 1 to 4 of the present Annex.
3. The Mechanism shall provide for the protection of victims and witnesses, and carry out all
related judicial or prosecutorial functions, where a person is a victim or witness in relation to two or
more cases for which the Mechanism and the ICTY or ICTR, respectively, have competence pursuant to Articles 1 to 4 of the present Annex.
4. The ICTY and ICTR, respectively, shall make the necessary arrangements to ensure as soon
as possible a coordinated transition of the victims and witness protection function to the Mechanism in relation to all completed cases of the Tribunals. As of the commencement date of the respective branch of the Mechanism, the Mechanism shall carry out all related judicial or prosecutorial
functions in relation to these cases.
Rome Statute of the International Criminal Court
337
Article 6. Coordinated transition of other functions
The ICTY and ICTR, respectively, shall make the necessary arrangements to ensure, as soon as
possible, a coordinated transition of the other functions of the Tribunals to the Mechanism, including the supervision of enforcement of sentences, assistance requests by national authorities, and the
management of records and archives. As of the commencement date of the respective branch of the
Mechanism, the Mechanism shall carry out all related judicial or prosecutorial functions.
Article 7. Transitional arrangements for the President, Judges,
Prosecutor, Registrar and staff
Notwithstanding the provisions of the Statutes of the Mechanism, the ICTY and ICTR,
(a) the President, Judges, Prosecutor and Registrar of the Mechanism may also hold the office
of President, Judge, Prosecutor and Registrar, respectively, of the ICTY or ICTR;
(b)
the staff members of the Mechanism may also be staff members of the ICTY or ICTR.
International Criminal Court
92. Rome Statute of the International Criminal Court
Done at Rome on 17 July 1998
Entry into force: 1 July 2002
United Nations, Treaty Series, vol. 2187, p. 3; Reg. No. 38544.*
Preamble
The States Parties to this Statute,
Conscious that all peoples are united by common bonds, their cultures pieced together in a
shared heritage, and concerned that this delicate mosaic may be shattered at any time,
Mindful that during this century millions of children, women and men have been victims of
unimaginable atrocities that deeply shock the conscience of humanity,
Recognizing that such grave crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes of concern to the international community as a whole
must not go unpunished and that their effective prosecution must be ensured by taking measures at
the national level and by enhancing international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those
responsible for international crimes,
Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or
The text of the Rome Statute reproduced herein was originally circulated as document A/
CONF.183/9 of 17 July 1998 and corrected by proces-verbaux of 10 November 1998, 12 July 1999,
30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article
8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification
C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010.
*
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XI. International criminal law
political independence of any State, or in any other manner inconsistent with the Purposes of the
United Nations,
Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any
State Party to intervene in an armed conflict or in the internal affairs of any State,
Determined to these ends and for the sake of present and future generations, to establish
an independent permanent International Criminal Court in relationship with the United Nations
system, with jurisdiction over the most serious crimes of concern to the international community
as a whole,
Emphasizing that the International Criminal Court established under this Statute shall be
complementary to national criminal jurisdictions,
Resolved to guarantee lasting respect for and the enforcement of international justice,
Have agreed as follows:
PART 1 . ESTABLISHMENT OF THE COUR