12 October 1949
Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949 (Geneva Convention IV)
Signed at Geneva, 12 August 1949
PART I General Provisions
Article 1 Respect for the Convention
Article 2 Application of the Convention
Article 3 Conflicts not of an international character
Article 4 Definition of protected persons
Article 5 Derogations
Article 6 Beginning and end of application
Article 7 Special agreements
Article 8 Non-renunciation of rights
Article 9 Protecting Powers
Article 10 Activities of the International Committee of the
Article 11 Substitutes for Protecting Powers
Article 12 Conciliation procedure
Article 13 Field of application of Part 11
Article 14 Hospital and safety zones and localities
Article 15 Neutralized zones
Article 16 Wounded and sick: I. General protection
Article 17 II. Evacuation
Article 18 Ill. Protection of hospitals
Article 19 IV. Discontinuance of protection of hospitals
Article 20 V. Hospital staff
Article 21 VI. Land and sea transport
Article 22 VII. Air transport
Article 23 Consignments of medical supplies, food and clothing
Article 24 Measures relating to child welfare
Article 25 Family news
Article 26 Dispersed families
Article 27 Treatment: 1. General observations
Article 28 II. Danger zones
Article 29 Ill. Responsibilities
Article 30 Applications to Protecting Powers and relief organizations
Article 31 Prohibition of coercion
Article 32 Prohibition of corporal punishment, torture, etc.
Article 33 Individual responsibility, collective penalties,
Article 34 Hostages
Article 35 Right to leave the territory
Article 36 Method of repatriation
Article 37 Persons in confinement
Article 38 Non-repatriated persons: I. General observations
Article 39 II. Means of existence
Article 40 Ill. Employment
Article 41 IV. Assigned residence. Internment
Article 42 V. Grounds for internment or assigned residence.
Article 43 VI. Procedure
Article 44 VII. Refugees
Article 45 VIII. Transfer to another Power
Article 46 Cancellation of restrictive measures
Article 47 Inviolability of rights
Article 48 Special cases of repatriation
Article 49 Deportations, transfers, evacuations
Article 50 Children
Article 51 Enlistment. Labour
Article 52 Protection of workers
Article 53 Prohibited destruction
Article 54 Judges and public officials
Article 55 Food and medical supplies for the population
Article 56 Hygiene and public health
Article 57 Requisition of hospitals
Article 58 Spiritual assistance
Article 59 Relief: I. Collective relief
Article 60 II. Responsibilities of the Occupying Power
Article 61 111. Distribution
Article 62 IV. Individual relief
Article 63 National Red Cross and other relief societies
Article 64 Penal legislation: 1. General observations
Article 65 II. Publication
Article 66 Ill. Competent courts
Article 67 IV. Applicable provisions
Article 68 V. Penalties. Death penalty
Article 69 VI. Deduction from sentence of period spent under
Article 70 VII. Offences committed before occupation
Article 71 Penal procedure: I. General observations
Article 72 11. Right of defence
Article 73 Ill. Right of appeal
Article 74 IV. Assistance by the Protecting Power
Article 75 V. Death sentence
Article 76 Treatment of detainees
Article 77 Handing over of detainees at the close of occupation
Article 78 Security measures. Internment and assigned residence.
Right of appeal
CHAPTER I GENERAL PROVISIONS
Article 79 Cases of internment and applicable provisions
Article 80 Civil capacity
Article 81 Maintenance
Article 82 Grouping of internees
CHAPTER II PLACES OF INTERNMENT
Article 83 Location of places of internment. Marking of camps
Article 84 Separate internment
Article 85 Accommodation, hygiene
Article 86 Premises for religious services
Article 87 Canteens
Article 88 Air raid shelters. Protective measures
CHAPTER III FOOD AND CLOTHING
Article 89 Food
Article 90 Clothing
CHAPTER IV HYGIENE AND MEDICAL ATTENTION
Article 91 Medical attention
Article 92 Medical inspections
CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 93 Religious duties
Article 94 Recreation, study, sports and games
Article 95 Working conditions
Article 96 Labour detachments
CHAPTER VI PERSONAL PROPERTY AND FINANCIAL RESOURCES
Article 97 Valuables and personal effects
Article 98 Financial resources and individual accounts
CHAPTER VII ADMINISTRATION AND DISCIPLINE
Article 99 Camp administration. Posting of the Convention
and of orders
Article 100 General discipline
Article 101 Complaints and petitions
Article 102 Internee committees: 1. Election of members
Article 103 II. Duties
Article 104 Ill. Prerogatives
CHAPTER VIII RELATIONS WITH THE EXTERIOR
Article 105 Notification of measures taken
Article 106 Internment card
Article 107 Correspondence
Article 108 Relief shipments: 1. General principles
Article 109 II. Collective relief
Article 110 Ill. Exemption from postal and transport charges
Article 111 Special means of transport
Article 112 Censorship and examination
Article 113 Execution and transmission of legal documents
Article 114 Management of property
Article 115 Facilities for preparation and conduct of cases
Article 116 Visits
CHAPTER IX PENAL AND DISCIPLINARY SANCTIONS
Article 117 General provisions. Applicable legislation
Article 118 Penalties
Article 119 Disciplinary punishments
Article 120 Escapes
Article 121 Connected offences
Article 122 Investigations. Confinement awaiting hearing
Article 123 Competent authorities. Procedure
Article 124 Premises for.disciplinary punishments
Article 125 Essential safeguards
Article 126 Provisions applicable to judicial proceedings
CHAPTER X TRANSFERS OF INTERNEES
Article 127 Conditions
Article 128 Method
CHAPTER XI DEATHS
Article 129 Wills. Death certificates
Article 130 Burial. Cremation
Article 131 Internees killed or injured in special circumstances
CHAPTER XII RELEASE, REPATRIATION AND ACCOMMODATION IN
Article 132 During hostilities or occupation
Article 133 After the close of hostilities
Article 134 Repatriation and return to last place of residence
Article 135 Costs
Article 136 National Bureaux
Article 137 Transmission of information
Article 138 Particulars required
Article 139 Forwarding of personal valuables
Article 140 Central Agency
Article 141 Exemption from charges
Article 142 Relief societies and other organizations
Article 143 Supervision
Article 144 Dissemination of the Convention
Article 145 Translations. Rules of application
Article 146 Penal sanctions: I. General observations
Article 147 II. Grave breaches
Article 148 Ill. Responsibilities of the Contracting Parties
Article 149 Enquiry procedure
Article 150 Languages
Article 151 Signature
Article 152 Ratification
Article 153 Coming into force
Article 154 Relation with the Hague Conventions
Article 155 Accession
Article 156 Notification of accessions
Article 157 Immediate effect
Article 158 Denunciation
Article 159 Registration with the United Nations
Part I. General Provisions
Article 1. The High Contracting Parties undertake to respect
and to ensure respect for the present Convention in all circumstances.
Art. 2. In addition to the provisions which shall be implemented
in peace-time, 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
Art. 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
(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.
Art. 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 co-belligerent 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 12 August 1949, or by the Geneva Convention for
the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of 12 August 1949, or by the
Geneva Convention relative to the Treatment of Prisoners of
War of 12 August 1949, shall not be considered as protected
persons within the meaning of the present Convention.
Art. 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.
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.
Art. 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.
Art. 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, not 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.
Art. 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.
Art. 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
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
They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out
Art. 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.
Art. 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.
Art. 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.
Part II. General Protection of Populations Against Certain
Consequences of War
Art. 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.
Art. 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.
Art. 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,
(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.
Art. 16. The wounded and sick, as well as the infirm, and
expectant mothers, shall be the object of particular protection
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
Art. 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.
Art. 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 12 August 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.
Art. 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 which have not yet been handed
to the proper service, shall not be considered to be acts
harmful to the enemy.
Art. 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, water-resistant 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 12 August 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.
Art. 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 12 August 1949.
Art.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 12 August 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.
Art. 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
(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.
Art.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.
Art. 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 be, and to receive news from them. This
correspondence shall be forwarded speedily and without undue
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)
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.
Art. 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
Art. 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.
Art. 28. The presence of a protected person may not be used
to render certain points or areas immune from military operations.
Art. 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.
Art. 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.
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
Art. 31. No physical or moral coercion shall be exercised
against protected persons, in particular to obtain information
from them or from third parties.
Art. 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 punishments, 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
Art. 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
Pillage is prohibited.
Reprisals against protected persons and their property are
Art. 34. The taking of hostages is prohibited.
Section II. Aliens in the territory of a party to the
Art. 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 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.
Art. 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.
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
Art. 37. Protected persons who are confined pending proceedings
or subject to 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.
Art. 38. With the exception of special measures authorized
by the present Convention, in particularly by Article 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
(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
Art. 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.
Art. 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.
Art. 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, 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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
fails 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.
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.
Art. 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
Art. 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.
Art. 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 in accordance with
the procedure which the Occupying Power shall establish in
accordance with the said Article.
Art. 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
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
The Occupying Power shall not deport or transfer parts of
its own civilian population into the territory it occupies.
Art. 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
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
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.
Art. 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
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
Art. 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
Art. 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.
Art. 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
Art. 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
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.
Art. 56. To the fullest extent of the means available to
it, the public 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
Art. 57. The Occupying Power may requisition civilian hospitals
of 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
Art. 58. The Occupying Power shall permit ministers of religion
to give spiritual assistance to the members of their religious
The Occupying Power shall also accept consignments of books
and articles required for religious needs and shall facilitate
their distribution in occupied territory.
Art. 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
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.
Art. 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.
Art. 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.
Art. 62. Subject to imperative reasons of security, protected
persons in occupied territories shall be permitted to receive
the individual relief consignments sent to them.
Art. 63. Subject to temporary and exceptional measures imposed
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.
Art. 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.
Art. 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
Art. 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, non-political military courts, on condition that
the said courts sit in the occupied country. Courts of appeal
shall preferably sit in the occupied country.
Art. 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 the accused
is not a national of the Occupying Power.
Art. 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 on 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 on a
protected person who was under eighteen years of age at the
time of the offence.
Art. 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
Art. 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.
Art. 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
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
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.
Art. 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
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.
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 at any time
the right to object to the interpreter and to ask for his
Art.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.
Art. 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 judgement 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 judgements 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 judgement has been received by the Protecting
Art. 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 a 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
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
Art. 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
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.
Art. 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.
Art. 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
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
Art. 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.
Art. 80. Internees shall retain their full civil capacity
and shall exercise such attendant rights as may be compatible
with their status.
Art. 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
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.
Art.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 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
Art. 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.
Art.84. Internees shall be accommodated and administered
separately from prisoners of war and from persons deprived
of liberty for any other reason.
Art. 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 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.
Art. 86. The Detaining Power shall place at the disposal
of interned persons, of whatever denomination, premises suitable
for the holding of their religious services.
Art. 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 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
Art. 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 measures 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
Art. 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.
Art. 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
Chapter IV. Hygiene and Medical Attention
Art. 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
appropriate diet. Isolation wards shall be set aside for cases
of contagious or mental diseases.
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
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.
Art. 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
Art. 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.
Art. 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
exercice 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
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.
Art. 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 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.
Art.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
Chapter VI. Personal Property and Financial Resources
Art. 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
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.
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.
Art. 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 o~e 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
Art. 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
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.
Art. 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 manoeuvres, or the reduction of
food rations, are prohibited.
Art. 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.
Art. 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.
Art. 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.
Art. 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,
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
Members of Internee Committees who are transferred shall
be allowed a reasonable time to acquaint their successors
with current affairs.
Chaper VIII. Relations with the Exterior
Art. 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.
Art. 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.
Art. 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
As a rule, internees' mail shall be written in their own
language. The Parties to the conflict may authorize correspondence
in other languages.
Art. 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
Art. 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
Art. 110. An 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 effect, 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
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.
Art. 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
to ensure 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
Information Agency referred to in Article 140 and the National
Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which
Powers, the International Committee of the Red Cross or any
organization assisting the internees exchange either with
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.
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
Art. 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
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
Art. 113. The Detaining Powers shall provide all reasonable
execution 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
Art. 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.
Art. 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
Art.116. Every internee shall be allowed to receive visitors,
especially near relatives, at regular intervals and as frequently
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
Art. 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
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.
Art. 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
Art. 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.
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
Art. 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
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.
Art. 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.
Art. 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 cases 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
Art. 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.
Art. 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
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.
Art. 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.
Art. 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
Art. 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
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
Art. 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
Chapter XI. Deaths
Art. 129. The wills of internees shall be received for safe-keeping
by the responsible authorities; and if 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 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.
Art. 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
safe-keeping 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 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.
Art. 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 XIII. Release, Repatriation and Accommodation in
Art. 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.
Art. 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
Art. 134. The High Contracting Parties shall endeavour, upon
the Repatriation close of hostilities or occupation, to ensure
the return of all internees to their last place of residence,
or to facilitate their residence repatriation.
Art. 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 cost 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
Section V. Information Bureaux and Central Agency
Art. 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.
Art. 137. Each national Bureau shall immediately forward
information concerning protected persons by the most rapid
means to the 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
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.
Art. 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,
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.
Art. 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.
Art. 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 12 August 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
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
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.
Art. 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
Art. 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.
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
The special position of the International Committee of the
Red Cross in this field shall be recognized and respected
at all times.
Art. 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
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
Art. 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
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.
Art. 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.
Art. 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
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
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 12 August 1949. Art. 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.
Art. 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.
Art. 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
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
Art. 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.
Art. 151. The present Convention, which bears the date of
this day, is open to signature until 12 February 1950, in
the name of the Powers represented at the Conference which
opened at Geneva on 21 April 1949.
Art. 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.
Art. 153. 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.
Art. 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 29 July 1899, or that of 18 October
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.
Art. 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.
Art. 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.
Art. 157. The situations provided for in Articles 2 and 3
shall effective 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.
Art. 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 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.
Art. 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.
Annex I. Draft Agreement Relating to Hospital and Safety
Zones and Localities
Art. 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 12 August 1949, and in Article
14 of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War of 12 August 1949, and for
the personnel entrusted with the organization and administration
of these zones and localities, and with the care of the persons
Nevertheless, persons whose permanent residence is within
such zones shall have the right to stay there.
Art. 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.
Art. 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.
Art. 4. Hospital and safety zones shall fulfil the following
(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
(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.
Art. 5. Hospital and safety zones shall be subject to the
(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.
Art. 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
Art. 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.
Art. 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.
Art. 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 which has recognized the
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.
Art. 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
Art. 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.
Art. 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.
Art. 13. The present agreement shall also apply to localities
which the Powers may utilize for the same purposes as hospital
and safety zones.
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 prison or other penitentiary establishments.
Art. 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
Art. 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
Art. 4. Internee Committees shall be given the facilities
necessary for verifying whether the distribution of collective
relief in all subdivisions and annexes of their places of
internment has been carried out in accordance with their instructions.
Art. 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.
Art. 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.
Art. 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.
Art. 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.