Convention (I) for the Amelioration of the
Condition of the Wounded and Sick in Armed
Forces in the Field. Geneva, 12 August 1949.
Preamble
The undersigned
Plenipotentiaries of the Governments represented
at the Diplomatic Conference held at Geneva from
April 21 to August 12, 1949, for the purpose of
revising the Geneva Convention for the Relief of
the Wounded and Sick in Armies in the Field of
July 27, 1929, have agreed as follows:
Chapter I. General Provisions
Art 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
peacetime, the present Convention shall apply to
all cases of declared war or of any other armed
conflict which may arise between two or more of
the High Contracting Parties, even if the state
of war is not recognized by one of them.
The Convention shall also
apply to all cases of partial or total
occupation of the territory of a High
Contracting Party, even if the said occupation
meets with no armed resistance.
Although one of the Powers in
conflict may not be a party to the present
Convention, the Powers who are parties thereto
shall remain bound by it in their mutual
relations. They shall furthermore be bound by
the Convention in relation to the said Power, if
the latter accepts and applies the provisions
thereof.
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 provisions:
(1) Persons taking no active
part in the hostilities, including members of
armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all
circumstances be treated humanely, without any
adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any
other similar criteria.
To this end, the following
acts are and shall remain prohibited at any time
and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and
person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal
dignity, in particular humiliating and degrading
treatment;
(d) the passing of sentences
and the carrying out of executions without
previous judgement 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. Neutral Powers shall
apply by analogy the provisions of the present
Convention to the wounded and sick, and to
members of the medical personnel and to
chaplains of the armed forces of the Parties to
the conflict, received or interned in their
territory, as well as to dead persons found.
Art. 5. For the protected
persons who have fallen into the hands of the
enemy, the present Convention shall apply until
their final repatriation.
Art. 6. In addition to the
agreements expressly provided for in Articles
10, 15, 23, 28, 31, 36, 37 and 52, the High
Contracting Parties may conclude other special
agreements for all matters concerning which they
may deem it suitable to make separate provision.
No special agreement shall adversely affect the
situation of the wounded and sick, of members of
the medical personnel or of chaplains, as
defined by the present Convention, nor restrict
the rights which it confers upon them.
Wounded and sick, as well as
medical personnel and chaplains, shall continue
to have the benefit of such agreements as long
as the Convention is applicable to them, except
where express provisions to the contrary are
contained in the aforesaid or in subsequent
agreements, or where more favourable measures
have been taken j with regard to them by one or
other of the Parties to the conflict.
Art. 7. Wounded and sick, as
well as members of the medical personnel and
chaplains, may in no circumstances renounce in
part or in entirety the rights secured to them
by the present Convention, and by the special
agreements referred to in the foregoing Article,
if such there be.
Art. 8. The present
Convention shall be applied with the cooperation
and under the scrutiny of the Protecting Powers
whose duty it is to safeguard the interests of
the Parties to the conflict. For this purpose,
the Protecting Powers may appoint, apart from
their diplomatic or consular staff, delegates
from amongst their own nationals or the
nationals of other neutral Powers. The said
delegates shall be subject to the approval of
the Power with which they are to carry out their
duties.
The Parties to the conflict
shall facilitate to the greatest extent
possible, the task of the representatives or
delegates of the Protecting Powers.
The representatives or
delegates of the Protecting Powers shall not in
any case exceed their mission under the present
Convention. They shall, in particular, take
account of the imperative necessities of
security of the State wherein they carry out
their duties. Their activities shall only be
restricted as an exceptional and temporary
measure when this is rendered necessary by
imperative military necessities.
Art. 9. The provisions of the
present Convention constitute no obstacle to the
humanitarian activities which the International
Committee of the Red Cross or any other
impartial humanitarian organization may, subject
to the consent of the Parties to the conflict
concerned, undertake for the protection of
wounded and sick, medical personnel and
chaplains, and for their relief.
Art. 10. The High Contracting
Parties may at any time agree to entrust to an
organization which offers all guarantees of
impartiality and efficacy the duties incumbent
on the Protecting Powers by virtue of the
present Convention.
When wounded and sick, or
medical personnel and chaplains do not benefit
or cease to benefit, no matter for what reason,
by the activities of a Protecting Power or of an
organization provided for in the first paragraph
above, the Detaining Power shall request a
neutral State, or such an organization, to
undertake the functions performed under the
present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be
arranged accordingly, the Detaining Power shall
request or shall accept, subject to the
provisions of this Article, the offer of the
services of a humanitarian organization, such as
the International Committee of the Red Cross, to
assume the humanitarian functions performed by
Protecting Powers under the present Convention.
Any neutral Power, or any
organization invited by the Power concerned or
offering itself for these purposes, shall be
required to act with a sense of responsibility
towards the Party to the conflict on which
persons protected by the present Convention
depend, and shall be required to furnish
sufficient assurances that it is in a position
to undertake the appropriate functions and to
discharge them impartially.
No derogation from the
preceding provisions shall be made by special
agreements between Powers one of which is
restricted, even temporarily, in its freedom to
negotiate with the other Power or its allies by
reason of military events, more particularly
where the whole, or a substantial part, of the
territory of the said Power is occupied.
Whenever, in the present
Convention, mention is made of a Protecting
Power, such mention also applies to substitute
organizations in the sense of the present
Article.
Art. 11. In cases where they
deem it advisable in the interest of protected
persons, particularly in cases of disagreement
between the Parties to the conflict as to the
application or interpretation of the provisions
of the present Convention, the Protecting Powers
shall lend their good offices with a view to
settling the disagreement.
For this purpose, each of the
Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose
to the Parties to the conflict a meeting of
their representatives, in particular of the
authorities responsible for the wounded and
sick, members of medical personnel and
chaplains, possibly on neutral territory
suitably chosen. The Parties to the conflict
shall be bound to give effect to the proposals
made to them for this purpose. The Protecting
Powers may, if necessary, propose for approval
by the Parties to the conflict, a person
belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who
shall be invited to take part in such a meeting
Chapter II. Wounded and Sick
Art. 12. Members of the armed
forces and other persons mentioned in the
following Article, who are wounded or sick,
shall be respected and protected in all
circumstances.
They shall be treated
humanely and cared for by the Party to the
conflict in whose power they may be, without any
adverse distinction founded on sex, race,
nationality, religion, political opinions, or
any other similar criteria. Any attempts upon
their lives, or violence to their persons, shall
be strictly prohibited; in particular, they
shall not be murdered or exterminated, subjected
to torture or to biological experiments; they
shall not wilfully be left without medical
assistance and care, nor shall conditions
exposing them to contagion or infection be
created.
Only urgent medical reasons
will authorize priority in the order of
treatment to be administered.
Women shall be treated with
all consideration due to their sex. The Party to
the conflict which is compelled to abandon
wounded or sick to the enemy shall, as far as
military considerations permit, leave with them
a part of its medical personnel and material to
assist in their care.
Art. 13. The present
Convention shall apply to the wounded and sick
belonging to the following categories:
(1) Members of the armed
forces of a Party to the conflict, as well as
members of militias or volunteer corps forming
part of such armed forces.
(2) Members of other militias
and members of other volunteer corps, including
those of organized resistance movements,
belonging to a Party to the conflict and
operating in or outside their own territory,
even if this territory is occupied, provided
that such militias or volunteer corps, including
such organized resistance movements, fulfil the
following conditions:
(a) that of being commanded
by a person responsible for his subordinates;
(b) that of having a fixed
distinctive sign recognizable at a distance;
(c) that of carrying arms
openly;
(d) that of conducting their
operations in accordance with the laws and
customs of war.
(3) Members of regular armed
forces who profess allegiance to a Government or
an authority not recognized by the Detaining
Power.
(4) Persons who accompany the
armed forces without actually being members
thereof, such as civil members of military
aircraft crews, war correspondents, supply
contractors, members of labour units or of
services responsible for the welfare of the
armed forces, provided that they have received
authorization from the armed forces which they
accompany.
(5) Members of crews,
including masters, pilots and apprentices, of
the merchant marine and the crews of civil
aircraft of the Parties to the conflict, who do
not benefit by more favourable treatment under
any other provisions in international law.
(6) Inhabitants of a
non-occupied territory, who on the approach of
the enemy, spontaneously take up arms to resist
the invading forces, without having had time to
form themselves into regular armed units,
provided they carry arms openly and respect the
laws and customs of war.
Art. 14. Subject to the
provisions of Article 12, the wounded and sick
of a belligerent who fall into enemy hands shall
be prisoners of war, and the provisions of
international law concerning prisoners of war
shall apply to them.
Art. 15. At all times, and
particularly after an engagement, Parties to the
conflict shall, without delay, take all possible
measures to search for and collect the wounded
and sick, to protect them against pillage and
ill-treatment, to ensure their adequate care,
and to search for the dead and prevent their
being despoiled.
Whenever circumstances
permit, an armistice or a suspension of fire
shall be arranged, or local arrangements made,
to permit the removal, exchange and transport of
the wounded left on the battlefield.
Likewise, local arrangements
may be concluded between Parties to the conflict
for the removal or exchange of wounded and sick
from a besieged or encircled area, and for the
passage of medical and religious personnel and
equipment on their way to that area.
Art. 16. Parties to the
conflict shall record as soon as possible, in
respect of each wounded, sick or dead person of
the adverse Party falling into their hands, any
particulars which may assist in his
identification.
These records should if
possible include:
(a) designation of the Power
on which he depends;
(b) army, regimental,
personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars
shown on his identity card or disc;
(g) date and place of capture
or death;
(h) particulars concerning
wounds or illness, or cause of death.
As soon as possible the above
mentioned information shall be forwarded to the
Information Bureau described in Article 122 of
the Geneva Convention relative to the Treatment
of Prisoners of War of 12 August 1949, which
shall transmit this information to the Power on
which these persons depend through the
intermediary of the Protecting Power and of the
Central Prisoners of War Agency.
Parties to the conflict shall
prepare and forward to each other through the
same bureau, certificates of death or duly
authenticated lists of the dead. They shall
likewise collect and forward through the same
bureau one half of a double identity disc, last
wills or other documents of importance to the
next of kin, money and in general all articles
of an intrinsic or sentimental value, which are
found on the dead. These articles, together with
unidentified articles, shall be sent in sealed
packets, accompanied by statements giving all
particulars necessary for the identification of
the deceased owners, as well as by a complete
list of the contents of the parcel.
Art. 17. Parties to the
conflict shall ensure that burial or cremation
of the dead, carried out individually as far as
circumstances permit, is preceded by a careful
examination, if possible by a medical
examination, of the bodies, with a view to
confirming death, establishing identity and
enabling a report to be made. One half of the
double identity disc, or the identity disc
itself if it is a single disc, should remain on
the body.
Bodies shall not be cremated
except for imperative reasons of hygiene or for
motives based on the religion of the deceased.
In case of cremation, the circumstances and
reasons for cremation shall be stated in detail
in the death certificate or on the authenticated
list of the dead.
They shall further ensure
that the dead are honourably interred, if
possible according to the rites of the religion
to which they belonged, that their graves are
respected, grouped if possible according to the
nationality of the deceased, properly maintained
and marked so that they may always be found. For
this purpose, they shall organize at the
commencement of hostilities an Official Graves
Registration Service, to allow subsequent
exhumations and to ensure the identification of
bodies, whatever the site of the graves, and the
possible transportation to the home country.
These provisions shall likewise apply to the
ashes, which shall be kept by the Graves
Registration Service until proper disposal
thereof in accordance with the wishes of the
home country.
As soon as circumstances
permit, and at latest at the end of hostilities,
these Services shall exchange, through the
Information Bureau mentioned in the second
paragraph of Article 16, lists showing the exact
location and markings of the graves, together
with particulars of the dead interred therein.
Art. 18. The military
authorities may appeal to the charity of the
inhabitants voluntarily to collect and care for,
under their direction, the wounded and sick,
granting persons who have responded to this
appeal the necessary protection and facilities.
Should the adverse Party take or retake control
of the area, he shall likewise grant these
persons the same protection and the same
facilities.
The military authorities
shall permit the inhabitants and relief
societies, even in invaded or occupied areas,
spontaneously to collect and care for wounded or
sick of whatever nationality. The civilian
population shall respect these wounded and sick,
and in particular abstain from offering them
violence.
No one may ever be molested
or convicted for having nursed the wounded or
sick.
The provisions of the present
Article do not relieve the occupying Power of
its obligation to give both physical and moral
care to the wounded and sick.
Chapter III. Medical Units
and Establishments
Art. 19. Fixed establishments
and mobile medical units of the Medical Service
may in no circumstances be attacked, but shall
at all times be respected and protected by the
Parties to the conflict. Should they fall into
the hands of the adverse Party, their personnel
shall be free to pursue their duties, as long as
the capturing Power has not itself ensured the
necessary care of the wounded and sick found in
such establishments and units.
The responsible authorities
shall ensure that the said medical
establishments and units are, as far as
possible, situated in such a manner that attacks
against military objectives cannot imperil their
safety.
Art. 20. Hospital ships
entitled to the protection of the Geneva
Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea of 12 August 1949, shall not
be attacked from the land.
Art. 21. The protection to
which fixed establishments and mobile medical
units of the Medical Service are entitled shall
not cease unless they are used to commit,
outside their humanitarian duties, acts harmful
to the enemy. Protection may, however, cease
only after a due warning has been given, naming,
in all appropriate cases, a reasonable time
limit, and after such warning has remained
unheeded.
Art. 22. The following
conditions shall not be considered as depriving
a medical unit or establishment of the
protection guaranteed by Article 19:
(1) That the personnel of the
unit or establishment are armed, and that they
use the arms in their own defence, or in that of
the wounded and sick in their charge.
(2) That in the absence of
armed orderlies, the unit or establishment is
protected by a picket or by sentries or by an
escort.
(3) That small arms and
ammunition taken from the wounded and sick and
not yet handed to the proper service, are found
in the unit or establishment.
(4) That personnel and
material of the veterinary service are found in
the unit or establishment, without forming an
integral part thereof.
(5) That the humanitarian
activities of medical units and establishments
or of their personnel extend to the care of
civilian wounded or sick.
Art. 23. 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 zones
and localities so organized as to protect the
wounded and sick from the effects of war, as
well as the personnel entrusted with the
organization and administration of these zones
and localities and with the care of the persons
therein assembled.
Upon the outbreak and during
the course of hostilities, the Parties concerned
may conclude agreements on mutual recognition of
the hospital zones and localities they have
created. They may for this purpose implement the
provisions of the Draft Agreement annexed to the
present Convention, with such amendments as they
may consider necessary.
The Protecting Powers and the
International Committee of the Red Cross are
invited to lend their good offices in order to
facilitate the institution and recognition of
these hospital zones and localities.
Chapter IV. Personnel
Art. 24. Medical personnel
exclusively engaged in the search for, or the
collection, transport or treatment of the
wounded or sick, or in the prevention of
disease, staff exclusively engaged in the
administration of medical units and
establishments, as well as chaplains attached to
the armed forces, shall be respected and
protected in all circumstances.
Art. 25. Members of the armed
forces specially trained for employment, should
the need arise, as hospital orderlies, nurses or
auxiliary stretcher-bearers, in the search for
or the collection, transport or treatment of the
wounded and sick shall likewise be respected and
protected if they are carrying out these duties
at the time when they come into contact with the
enemy or fall into his hands.
Art. 26. The staff of
National Red Cross Societies and that of other
Voluntary Aid Societies, duly recognized and
authorized by their Governments, who may be
employed on the same duties as the personnel
named in Article 24, are placed on the same
footing as the personnel named in the said
Article, provided that the staff of such
societies are subject to military laws and
regulations.
Each High Contracting Party
shall notify to the other, either in time of
peace or at the commencement of or during
hostilities, but in any case before actually
employing them, the names of the societies which
it has authorized, under its responsibility, to
render assistance to the regular medical service
of its armed forces.
Art. 27. A recognized Society
of a neutral country can only lend the
assistance of its medical personnel and units to
a Party to the conflict with the previous
consent of its own Government and the
authorization of the Party to the conflict
concerned. That personnel and those units shall
be placed under the control of that Party to the
conflict.
The neutral Government shall
notify this consent to the adversary of the
State which accepts such assistance. The Party
to the conflict who accepts such assistance is
bound to notify the adverse Party thereof before
making any use of it.
In no circumstances shall
this assistance be considered as interference in
the conflict.
The members of the personnel
named in the first paragraph shall be duly
furnished with the identity cards provided for
in Article 40 before leaving the neutral country
to which they belong.
Art. 28. Personnel designated
in Articles 24 and 26 who fall into the hands of
the adverse Party, shall be retained only in so
far as the state of health, the spiritual needs
and the number of prisoners of war require.
Personnel thus retained shall
not be deemed prisoners of war. Nevertheless
they shall at least benefit by all the
provisions of the Geneva Convention relative to
the Treatment of Prisoners of War of 12 August
1949. Within the framework of the military laws
and regulations of the Detaining Power, and
under the authority of its competent service,
they shall continue to carry out, in accordance
with their professional ethics, their medical
and spiritual duties on behalf of prisoners of
war, preferably those of the armed forces to
which they themselves belong. They shall further
enjoy the following facilities for carrying out
their medical or spiritual duties:
(a) They shall be authorized
to visit periodically the prisoners of war in
labour units or hospitals outside the camp. The
Detaining Power shall put at their disposal the
means of transport required.
(b) In each camp the senior
medical officer of the highest rank shall be
responsible to the military authorities of the
camp for the professional activity of the
retained medical personnel. For this purpose,
from the outbreak of hostilities, the Parties to
the conflict shall agree regarding the
corresponding seniority of the ranks of their
medical personnel, including those of the
societies designated in Article 26. In all
questions arising out of their duties, this
medical officer, and the chaplains, shall have
direct access to the military and medical
authorities of the camp who shall grant them the
facilities they may require for correspondence
relating to these questions.
(c) Although retained
personnel in a camp shall be subject to its
internal discipline, they shall not, however, be
required to perform any work outside their
medical or religious duties.
During hostilities the
Parties to the conflict shall make arrangements
for relieving where possible retained personnel,
and shall settle the procedure of such relief.
None of the preceding
provisions shall relieve the Detaining Power of
the obligations imposed upon it with regard to
the medical and spiritual welfare of the
prisoners of war.
Art. 29. Members of the
personnel designated in Article 25 who have
fallen into the hands of the enemy, shall be
prisoners of war, but shall be employed on their
medical duties in so far as the need arises.
Art. 30. Personnel whose
retention is not indispensable by virtue of the
provisions of Article 28 shall be returned to
the Party to the conflict to whom they belong,
as soon as a road is open for their return and
military requirements permit.
Pending their return, they
shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all
the provisions of the Geneva Convention relative
to the Treatment of Prisoners of War of 12
August 1949. They shall continue to fulfil their
duties under the orders of the adverse Party and
shall preferably be engaged in the care of the
wounded and sick of the Party to the conflict to
which they themselves belong.
On their departure, they
shall take with them the effects, personal
belongings, valuables and instruments belonging
to them.
Art. 31. The selection of
personnel for return under Article 30 shall be
made irrespective of any consideration of race,
religion or political opinion, but preferably
according to the chronological order of their
capture and their state of health.
As from the outbreak of
hostilities, Parties to the conflict may
determine by special agreement the percentage of
personnel to be retained, in proportion to the
number of prisoners and the distribution of the
said personnel in the camps.
Art. 32. Persons designated
in Article 27 who have fallen into the hands of
the adverse Party may not be detained.
Unless otherwise agreed, they
shall have permission to return to their
country, or if this is not possible, to the
territory of the Party to the conflict in whose
service they were, as soon as a route for their
return is open and military considerations
permit.
Pending their release, they
shall continue their work under the direction of
the adverse Party; they shall preferably be
engaged in the care of the wounded and sick of
the Party to the conflict in whose service they
were. On their departure, they shall take with
them their effects personal articles and
valuables and the instruments, arms and if
possible the means of transport belonging to
them.
The Parties to the conflict
shall secure to this personnel, while in their
power, the same food, lodging, allowances and
pay as are granted to the corresponding
personnel of their armed forces. The food shall
in any case be sufficient as regards quantity,
quality and variety to keep the said personnel
in a normal state of health.
Chapter V. Buildings and
Material
Art. 33. The material of
mobile medical units of the armed forces which
fall into the hands of the enemy, shall be
reserved for the care of wounded and sick.
The buildings, material and
stores of fixed medical establishments of the
armed forces shall remain subject to the laws of
war, but may not be diverted from their purpose
as long as they are required for the care of
wounded and sick. Nevertheless, the commanders
of forces in the field may make use of them, in
case of urgent military necessity, provided that
they make previous arrangements for the welfare
of the wounded and sick who are nursed in them.
The material and stores
defined in the present Article shall not be
intentionally destroyed.
Art. 34. The real and
personal property of aid societies which are
admitted to the privileges of the Convention
shall be regarded as private property.
The right of requisition
recognized for belligerents by the laws and
customs of war shall not be exercised except in
case of urgent necessity, and only after the
welfare of the wounded and sick has been
ensured.
Chapter VI. Medical
Transports
Art. 35. Transports of
wounded and sick or of medical equipment shall
be respected and protected in the same way as
mobile medical units.
Should such transports or
vehicles fall into the hands of the adverse
Party, they shall be subject to the laws of war,
on condition that the Party to the conflict who
captures them shall in all cases ensure the care
of the wounded and sick they contain.
The civilian personnel and
all means of transport obtained by requisition
shall be subject to the general rules of
international law.
Art. 36. Medical aircraft,
that is to say, aircraft exclusively employed
for the removal of wounded and sick and for the
transport of medical personnel and equipment,
shall not be attacked, but shall be respected by
the belligerents, while flying at heights, times
and on routes specifically agreed upon between
the belligerents concerned.
They shall bear, clearly
marked, the distinctive emblem prescribed in
Article 38, together with their national colours
on their lower, upper and lateral surfaces. They
shall be provided with any other markings or
means of identification that may be agreed upon
between the belligerents upon the outbreak or
during the course of hostilities.
Unless agreed otherwise,
flights over enemy or enemy-occupied territory
are prohibited.
Medical aircraft shall obey
every summons to land. In the event of a landing
thus imposed, the aircraft with its occupants
may continue its flight after examination, if
any.
In the event of an
involuntary landing in enemy or enemy-occupied
territory, the wounded and sick, as well as the
crew of the aircraft shall be prisoners of war.
The medical personnel shall be treated according
to Article 24 and the Articles following.
Art. 37. Subject to the
provisions of the second paragraph, medical
aircraft of Parties to the conflict may fly over
the territory of neutral Powers, land on it in
case of necessity, or use it as a port of call.
They shall give the neutral Powers previous
notice of their passage over the said territory
and obey all summons to alight, on land or
water. They will be immune from attack only when
flying on routes, at heights and at times
specifically agreed upon between the Parties to
the conflict and the neutral Power concerned.
The neutral Powers may,
however, place conditions or restrictions on the
passage or landing of medical aircraft on their
territory. Such possible conditions or
restrictions shall be applied equally to all
Parties to the conflict.
Unless agreed otherwise
between the neutral Power and the Parties to the
conflict, the wounded and sick who are
disembarked, with the consent of the local
authorities, on neutral territory by medical
aircraft, shall be detained by the neutral
Power, where so required by international law,
in such a manner that they cannot again take
part in operations of war. The cost of their
accommodation and internment shall be borne by
the Power on which they depend.
Chapter VII. The Distinctive
Emblem
Art. 38. As a compliment to
Switzerland, the heraldic emblem of the red
cross on a white ground, formed by reversing the
Federal colours, is retained as the emblem and
distinctive sign of the Medical Service of armed
forces.
Nevertheless, in the case of
countries which already use as emblem, in place
of the red cross, the red crescent or the red
lion and sun on a white ground, those emblems
are also recognized by the terms of the present
Convention.
Art. 39. Under the direction
of the competent military authority, the emblem
shall be displayed on the flags, armlets and on
all equipment employed in the Medical Service.
Art. 40. The personnel
designated in Article 24 and in Articles 26 and
27 shall wear, affixed to the left arm, a
water-resistant armlet bearing the distinctive
emblem, issued and stamped by the military
authority.
Such personnel, in addition
to wearing the identity disc mentioned in
Article 16, shall also carry a special identity
card bearing the distinctive emblem. This card
shall be water-resistant and of such size that
it can be carried in the pocket. It shall be
worded in the national language, shall mention
at least the surname and first names, the date
of birth, the rank and the service number of the
bearer, and shall state in what capacity he is
entitled to the protection of the present
Convention. The card shall bear the photograph
of the owner and also either his signature or
his finger-prints or both. It shall be embossed
with the stamp of the military authority.
The identity card shall be
uniform throughout the same armed forces and, as
far as possible, of a similar type in the armed
forces of the High Contracting Parties. The
Parties to the conflict may be guided by the
model which is annexed, by way of example, to
the present Convention. They shall inform each
other, at the outbreak of hostilities, of the
model they are using. Identity cards should be
made out, if possible, at least in duplicate,
one copy being kept by the home country.
In no circumstances may the
said personnel be deprived of their insignia or
identity cards nor of the right to wear the
armlet. In case of loss, they shall be entitled
to receive duplicates of the cards and to have
the insignia replaced.
Art. 41. The personnel
designated in Article 25 shall wear, but only
while carrying out medical duties, a white
armlet bearing in its centre the distinctive
sign in miniature; the armlet shall be issued
and stamped by the military authority.
Military identity documents
to be carried by this type of personnel shall
specify what special training they have
received, the temporary character of the duties
they are engaged upon, and their authority for
wearing the armlet.
Art. 42. The distinctive flag
of the Convention shall be hoisted only over
such medical units and establishments as are
entitled to be respected under the Convention,
and only with the consent of the military
authorities. In mobile units, as in fixed
establishments, it may be accompanied by the
national flag of the Party to the conflict to
which the unit or establishment belongs.
Nevertheless, medical units
which have fallen into the hands of the enemy
shall not fly any flag other than that of the
Convention. Parties to the conflict shall take
the necessary steps, in so far as military
considerations permit, to make the distinctive
emblems indicating medical units and
establishments clearly visible to the enemy
land, air or naval forces, in order to obviate
the possibility of any hostile action.
Art. 43. The medical units
belonging to neutral countries, which may have
been authorized to lend their services to a
belligerent under the conditions laid down in
Article 27, shall fly, along with the flag of
the Convention, the national flag of that
belligerent, wherever the latter makes use of
the faculty conferred on him by Article 42.
Subject to orders to the
contrary by the responsible military
authorities, they may on all occasions fly their
national flag, even if they fall into the hands
of the adverse Party.
Art. 44. With the exception
of the cases mentioned in the following
paragraphs of the present Article, the emblem of
the red cross on a white ground and the words "
Red Cross" or " Geneva Cross " may not be
employed, either in time of peace or in time of
war, except to indicate or to protect the
medical units and establishments, the personnel
and material protected by the present Convention
and other Conventions dealing with similar
matters. The same shall apply to the emblems
mentioned in Article 38, second paragraph, in
respect of the countries which use them. The
National Red Cross Societies and other societies
designated in Article 26 shall have the right to
use the distinctive emblem conferring the
protection of the Convention only within the
framework of the present paragraph.
Furthermore, National Red
Cross (Red Crescent, Red Lion and Sun) Societies
may, in time of peace, in accordance with their
rational legislation, make use of the name and
emblem of the Red Cross for their other
activities which are in conformity with the
principles laid down by the International Red
Cross Conferences. When those activities are
carried out in time of war, the conditions for
the use of the emblem shall be such that it
cannot be considered as conferring the
protection of the Convention; the emblem shall
be comparatively small in size and may not be
placed on armlets or on the roofs of buildings.
The international Red Cross
organizations and their duly authorized
personnel shall be permitted to make use, at all
times, of the emblem of the red cross on a white
ground.
As an exceptional measure, in
conformity with national legislation and with
the express permission of one of the National
Red Cross (Red Crescent, Red Lion and Sun)
Societies, the emblem of the Convention may be
employed in time of peace to identify vehicles
used as ambulances and to mark the position of
aid stations exclusively assigned to the purpose
of giving free treatment to the wounded or sick.
Chapter VIII. Execution of
the Convention
Art. 45. Each Party to the
conflict, acting through its
Commanders-in-Chief, shall ensure the detailed
execution of the preceding Articles, and provide
for unforeseen cases, in conformity with the
general principles of the present Convention.
Art. 46. Reprisals against
the wounded, sick, personnel, buildings or
equipment protected by the Convention are
prohibited.
Art. 47. The High Contracting
Parties undertake, in time of peace as in time
of war, to disseminate the text of the present
Convention as widely as possible in their
respective countries, and, in particular, to
include the study thereof in their programmes of
military and, if possible, civil instruction, so
that the principles thereof may become known to
the entire population, in particular to the
armed fighting forces, the medical personnel and
the chaplains.
Art. 48. The High Contracting
Parties shall communicate to one another through
the Swiss Federal Council and, during
hostilities, through the Protecting Powers, the
official translations of the present Convention,
as well as the laws and regulations which they
may adopt to ensure the application thereof.
Chapter IX. Repression of
Abuses and Infractions
Art. 49. The High Contracting
Parties undertake to enact any legislation
necessary to provide effective penal sanctions
for persons committing, or ordering to be
committed, any of the grave breaches of the
present Convention defined in the following
Article.
Each High Contracting Party
shall be under the obligation to search for
persons alleged to have committed, or to have
ordered to be committed, such grave breaches,
and shall bring such persons, regardless of
their nationality, before its own courts. It may
also, if it prefers, and in accordance with the
provisions of its own legislation, hand such
persons over for trial to another High
Contracting Party concerned, provided such High
Contracting Party has made out a prima facie
case.
Each High Contracting Party
shall take measures necessary for the
suppression of all acts contrary to the
provisions of the present Convention other than
the grave breaches defined in the following
Article.
In all circumstances, the
accused persons shall benefit by safeguards of
proper trial and defence, which shall not be
less favourable than those provided by Article
105 and those following, of the Geneva
Convention relative to the Treatment of
Prisoners of War of 12 August 1949.
Art. 50. Grave breaches to
which the preceding Article relates shall be
those involving any of the following acts, if
committed against persons or property protected
by the Convention: wilful killing, torture or
inhuman treatment, including biological
experiments, wilfully causing great suffering or
serious injury to body or health, and extensive
destruction and appropriation of property, not
justified by military necessity and carried out
unlawfully and wantonly.
Art. 51. No High Contracting
Party shall be allowed to absolve itself or any
other High Contracting Party of any liability
incurred by itself or by another High
Contracting Party in respect of breaches
referred to in the preceding Article.
Art. 52. At the request of a
Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between
the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been
reached concerning the procedure for the
enquiry, the Parties should agree on the choice
of an umpire who will decide upon the procedure
to be followed.
Once the violation has been
established, the Parties to the conflict shall
put an end to it and shall repress it with the
least possible delay.
Art. 53. The use by
individuals, societies, firms or companies
either public or private, other than those
entitled thereto under the present Convention,
of the emblem or the designation " Red Cross "
or " Geneva Cross " or any sign or designation
constituting an imitation thereof, whatever the
object of such use, and irrespective of the date
of its adoption, shall be prohibited at all
times.
By reason of the tribute paid
to Switzerland by the adoption of the reversed
Federal colours, and of the confusion which may
arise between the arms of Switzerland and the
distinctive emblem of the Convention, the use by
private individuals, societies or firms, of the
arms of the Swiss Confederation, or of marks
constituting an imitation thereof, whether as
trademarks or commercial marks, or as parts of
such marks, or for a purpose contrary to
commercial honesty, or in circumstances capable
of wounding Swiss national sentiment, shall be
prohibited at all times.
Nevertheless, such High
Contracting Parties as were not party to the
Geneva Convention of 27 July 1929, may grant to
prior users of the emblems, designations, signs
or marks designated in the first paragraph, a
time limit not to exceed three years from the
coming into force of the present Convention to
discontinue such use provided that the said use
shall not be such as would appear, in time of
war, to confer the protection of the Convention.
The prohibition laid down in
the first paragraph of the present Article shall
also apply, without effect on any rights
acquired through prior use, to the emblems and
marks mentioned in the second paragraph of
Article 38.
Art. 54. The High Contracting
Parties shall, if their legislation is not
already adequate, take measures necessary for
the prevention and repression, at all times, of
the abuses referred to under Article 53
Final Provisions
Art. 55. The present
Convention is established in English and in
French. Both texts are equally authentic.
The Swiss Federal Council
shall arrange for official translations of the
Convention to be made in the Russian and Spanish
languages.
Art. 56. 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;
furthermore, by Powers not represented at that
Conference but which are Parties to the Geneva
Conventions of 1864, 1906 or 1929 for the Relief
of the Wounded and Sick in Armies in the Field.
Art. 57. The present
Convention shall be ratified as soon as possible
and the ratifications shall be deposited at
Berne. A record shall be drawn up of the deposit
of each instrument of ratification and certified
copies of this record shall be transmitted by
the Swiss Federal Council to all the Powers in
whose name the Convention has been signed, or
whose accession has been notified.
Art. 58. The present
Convention shall come into force six months
after not less than two instruments of
ratification have been deposited.
Thereafter, it shall come
into force for each High Contracting Party six
months after the deposit of the instrument of
ratification.
Art. 59. The present
Convention replaces the Conventions of 22 August
1864, 6 July 1906, and 27 July 1929, in
relations between the High Contracting Parties.
Art. 60. From the date of its
coming into force, it shall be open to any Power
in whose name the present Convention has not
been signed, to accede to this Convention.
Art. 61. Accessions shall be
notified in writing to the Swiss Federal
Council, and shall take effect six months after
the date on which they are received.
The Swiss Federal Council
shall communicate the accessions to all the
Powers in whose name the Convention has been
signed, or whose accession has been notified.
Art. 62. The situations
provided for in Articles 2 and 3 shall give
immediate effect to ratifications deposited and
accessions notified by the Parties to the
conflict before or after the beginning of
hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method
any ratifications or accessions received from
Parties to the conflict.
Art. 63. Each of the High
Contracting Parties shall be at liberty to
denounce the present Convention.
The denunciation shall be
notified in writing to the Swiss Federal
Council, which shall transmit it to the
Governments of all the High Contracting Parties.
The denunciation shall take
effect one year after the notification thereof
has been made to the Swiss Federal Council.
However, a denunciation of which notification
has been made at a time when the denouncing
Power is involved in a conflict shall not take
effect until peace has been concluded, and until
after operations connected with release and
repatriation of the persons protected by the
present Convention have been terminated.
The denunciation shall have
effect only in respect of the denouncing Power.
It shall in no way impair the obligations which
the Parties to the conflict shall remain bound
to fulfil by virtue of the principles of the law
of nations, as they result from the usages
established among civilized peoples, from the
laws of humanity and the dictates of the public
conscience.
Art. 64. The Swiss Federal
Council shall register the present Convention
with the Secretariat of the United Nations. The
Swiss Federal Council shall also inform the
Secretariat of the United Nations of all
ratifications, accessions and denunciations
received by it with respect to the present
Convention.
In witness whereof the
undersigned, having deposited their respective
full powers, have signed the present Convention.
Done at Geneva this twelfth
day of August 1949, in the English and French
languages. The original shall be deposited in
the archives of the Swiss Confederation. The
Swiss Federal Council shall transmit certified
copies thereof to each of the Signatory and
Acceding States.
Annex I. Draft Agreement
Relating to Hospital Zones and Localities
Article 1. Hospital zones
shall be strictly observed for the persons named
in Article 23 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and
Sick in the Armed Forces in the Field of 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 therein assembled.
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 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 zone shall take all
necessary measures to prohibit access to all
persons who have no right of residence or entry
therein.
Art. 4. Hospital zones shall
fulfil the following conditions:
(a) They shall comprise only
a small part of the territory governed by the
Power which has established them.
(b) They shall be thinly
populated in relation to the possibilities of
accommodation.
(c) They shall be far removed
and free from all military objectives, or large
industrial or administrative establishments.
(d) They shall not be
situated in areas which, according to every
probability, may become important for the
conduct of the war.
Art. 5. Hospital zones shall
be subject to the following obligations:
(a) The lines of
communication and means of transport which they
possess shall not be used for the transport of
military personnel or material, even in transit.
(b) They shall in no case be
defended by military means.
Art. 6. Hospital zones shall
be marked by means of red crosses (red
crescents, red lions and suns) on a white
background placed on the outer precincts and on
the buildings. They may be similarly marked at
night by means of appropriate illumination.
Art. 7. The Powers shall
communicate to all High Contracting Parties in
peacetime or on the outbreak of hostilities, a
list of the hospital zones in the territories
governed by them. They shall also give notice of
any new zones set up during hostilities.
As soon as the adverse Party
has receive the above-mentioned notification,
the zone shall be regularly constituted.
If, however, the adverse
Party considers that the conditions of the
present agreement have not been fulfilled, it
may refuse to recognize the zone by giving
immediate notice thereof to the Party
responsible for the said Zone, or may make its
recognition of such zone dependent upon the
institution of the control provided for in
Article 8.
Art. 8. Any Power having
recognized one of several hospital zones
instituted by the adverse Party shall be
entitled to demand control by one or more
Special Commissioners, for the purpose of
ascertaining if the zones fulfil the conditions
and obligations stipulated in the present
agreement.
For this purpose, the members
of the Special Commissions shall at all times
have free access to the various zones and may
even reside there permanently. They shall be
given all facilities for their duties of
inspection.
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 who has
recognized the zone.
If, when the time limit has
expired, the Power governing the zone has not
complied with the warning, the adverse Party may
declare that it is no longer bound by the
present agreement in respect of the said zone.
Art. 10. Any Power setting up
one or more hospital zones and localities, and
the adverse Parties to whom their existence has
been notified, shall nominate or have nominated
by neutral Powers, the persons who shall be
members of the Special Commissions mentioned in
Articles 8 and 9,
Art. 11. In no circumstances
may hospital zones be the object of attack. They
shall be protected and respected at all times by
the Parties to the conflict.
Art. 12. In the case of
occupation of a territory, the hospital zones
therein shall continue to be respected and
utilized as such.
Their purpose may, however,
be modified by the Occupying Power, on condition
that all measures are taken to ensure the safety
of the persons accommodated.
Art. 13. The present
agreement shall also apply to localities which
the Powers may utilize for the same purposes as
hospital zones.
Annex II.
Identity Card for Members of
Medical and Religious Personnel attached to the
Armed Forces

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