III. THE GENEVA CONVENTIONS AND THEIR ADDITIONAL PROTOCOLS

190 Pages·2009·0.86 MB·English

III. THE GENEVA CONVENTIONS
AND THEIR ADDITIONAL PROTOCOLS∗

∗ Source: www.cicr.org

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Convention (I) for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field

Geneva, 12 August 1949

Preamble

CHAPTER I - GENERAL PROVISIONS

Art. 1 - Respect for the Convention
Art. 2 - Application of the Convention
Art. 3 - Conflicts not of an international character
Art. 4 - Application by neutral Powers
Art. 5 - Duration of application
Art. 6 - Special agreements
Art. 7 - Non-renunciation of rights
Art. 8 - Protecting Powers
Art. 9 - Activities of the International Committee of the Red Cross
Art. 10 - Substitutes for Protecting Powers
Art. 11 - Conciliation procedure

CHAPTER II - WOUNDED AND SICK

Art. 12 - Protection and care
Art. 13 - Protected persons
Art. 14 - Status
Art. 15 - Search for casualties. Evacuation
Art. 16 - Recording and forwarding of information
Art. 17 - Prescriptions regarding the dead. Graves Registration Service
Art. 18 - Role of the population

CHAPTER III – MEDICAL UNITS AND ESTABLISHMENTS

Art. 19 - Protection
Art. 20 - Protection of hospital ships
Art. 21 - Discontinuance of protection of medical establishments and units
Art. 22 - Conditions not depriving medical units and establishments of protection
Art. 23 - Hospital zones and localities

CHAPTER IV – PERSONNEL

Art. 24 - Protection of permanent personnel
Art. 25 - Protection of auxiliary personnel
Art. 26 - Personnel of aid societies
Art. 27 - Societies of neutral countries
Art. 28 - Retained personnel
Art. 29 - Status of auxiliary personnel
Art. 30 - Return of medical and religious personnel

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Art. 31 - Selection of personnel for return
Art. 32 - Return of personnel belonging to neutral countries

CHAPTER V – BUILDINGS AND MATERIAL

Art. 33 - Buildings and stores
Art. 34 - Property of aid societies

CHAPTER VI – MEDICAL TRANSPORTS

Art. 35 - Protection
Art. 36 - Medical aircraft
Art. 37 - Flight over neutral countries. Landing of wounded

CHAPTER VII – THE DISTINCTIVE EMBLEM

Art. 38 - Emblem of the Convention
Art. 39 - Use of the emblem
Art. 40 - Identification of medical and religious personnel
Art. 41 - Identification of auxiliary personnel
Art. 42 - Marking of medical units and establishments
Art. 43 - Marking of units of neutral countries
Art. 44 - Restrictions in the use of the emblem. Exceptions

CHAPTER VIII – EXECUTION OF THE CONVENTION

Art. 45 - Detailed execution. Unforseen cases
Art. 46 - Prohibition of reprisals
Art. 47 - Dissemination of the Convention
Art. 48 - Translations. Rules of application

CHAPTER IX – REPRESSION OF ABUSES AND INFRACTIONS

Art. 49 - Penal sanctions I. General observations
Art. 50 - Penal sanctions II. Grave breaches
Art. 51 - Penal sanctions III. Responsibilities of the Contracting Parties
Art. 52 - Enquiry procedure
Art. 53 - Misuse of the emblem
Art. 54 - Prevention of misuse

FINAL PROVISIONS

Art. 55 - Languages
Art. 56 - Signature
Art. 57 - Ratification
Art. 58 - Coming into force
Art. 59 - Relation to previous Conventions
Art. 60 - Accession

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Art. 61 - Notification of accessions
Art. 62 - Immediate effect
Art. 63 - Denunciation
Art. 64 - Registration with the United Nations

ANNEX I

Draft agreement relating to hospital zones and localities

ANNEX II

Identity card for members of medical and religious personnel attached to the
armed forces

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Preamble whatsoever with respect to the above-
mentioned persons:
The undersigned Plenipotentiaries of the
Governments represented at the Diplomatic (a) violence to life and person, in particular
Conference held at Geneva from April 21 to murder of all kinds, mutilation, cruel treatment
August 12, 1949, for the purpose of revising and torture;
the Geneva Convention for the Relief of the
Wounded and Sick in Armies in the Field of
(b) taking of hostages;
July 27, 1929, have agreed as follows:
(c) outrages upon personal dignity, in particular
Chapter I. General Provisions
humiliating and degrading treatment;
Art. 1. The High Contracting Parties undertake
(d) the passing of sentences and the carrying
to respect and to ensure respect for the present
out of executions without previous judgment
Convention in all circumstances.
pronounced by a regularly constituted court,
affording all the judicial guarantees which are
Art. 2. In addition to the provisions which shall recognized as indispensable by civilized
be implemented in peacetime, the present peoples.
Convention shall apply to all cases of declared
war or of any other armed conflict which may
(2) The wounded and sick shall be collected
arise between two or more of the High
and cared for.
Contracting Parties, even if the state of war is
not recognized by one of them.
An impartial humanitarian body, such as the
International Committee of the Red Cross, may
The Convention shall also apply to all cases of
offer its services to the Parties to the conflict.
partial or total occupation of the territory of a
High Contracting Party, even if the said
The Parties to the conflict should further
occupation meets with no armed resistance.
endeavour to bring into force, by means of
special agreements, all or part of the other
Although one of the Powers in conflict may not
provisions of the present Convention.
be a party to the present Convention, the
Powers who are parties thereto shall remain
The application of the preceding provisions
bound by it in their mutual relations. They shall
shall not affect the legal status of the Parties to
furthermore be bound by the Convention in
the conflict.
relation to the said Power, if the latter accepts
and applies the provisions thereof.
Art. 4. Neutral Powers shall apply by analogy
the provisions of the present Convention to the
Art. 3. In the case of armed conflict not of an
wounded and sick, and to members of the
international character occurring in the territory
medical personnel and to chaplains of the
of one of the High Contracting Parties, each
armed forces of the Parties to the conflict,
Party to the conflict shall be bound to apply, as
a minimum, the following provisions: received or interned in their territory, as well as
to dead persons found.
(1) Persons taking no active part in the
Art. 5. For the protected persons who have
hostilities, including members of armed forces
fallen into the hands of the enemy, the present
who have laid down their arms and those
Convention shall apply until their final
placed hors de combat by sickness, wounds,
repatriation.
detention, or any other cause, shall in all
circumstances be treated humanely, without
any adverse distinction founded on race, Art. 6. In addition to the agreements expressly
colour, religion or faith, sex, birth or wealth, or provided for in Articles 10, 15, 23, 28, 31, 36,
any other similar criteria. 37 and 52, the High Contracting Parties may
conclude other special agreements for all
matters concerning which they may deem it
To this end, the following acts are and shall
remain prohibited at any time and in any place suitable to make separate provision. No special
agreement shall adversely affect the situation of

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the wounded and sick, of members of the subject to the consent of the Parties to the
medical personnel or of chaplains, as defined conflict concerned, undertake for the protection
by the present Convention, nor restrict the of wounded and sick, medical personnel and
rights which it confers upon them. chaplains, and for their relief.
Wounded and sick, as well as medical Art. 10. The High Contracting Parties may at
personnel and chaplains, shall continue to have any time agree to entrust to an organization
the benefit of such agreements as long as the which offers all guarantees of impartiality and
Convention is applicable to them, except where efficacy the duties incumbent on the Protecting
express provisions to the contrary are contained Powers by virtue of the present Convention.
in the aforesaid or in subsequent agreements, or
where more favourable measures have been
When wounded and sick, or medical personnel
taken with regard to them by one or other of the
and chaplains do not benefit or cease to benefit,
Parties to the conflict.
no matter for what reason, by the activities of a
Protecting Power or of an organization
Art. 7. Wounded and sick, as well as members provided for in the first paragraph above, the
of the medical personnel and chaplains, may in Detaining Power shall request a neutral State,
no circumstances renounce in part or in entirety or such an organization, to undertake the
the rights secured to them by the present functions performed under the present
Convention, and by the special agreements Convention by a Protecting Power designated
referred to in the foregoing Article, if such by the Parties to a conflict.
there be.
If protection cannot be arranged accordingly,
Art. 8. The present Convention shall be applied the Detaining Power shall request or shall
with the cooperation and under the scrutiny of accept, subject to the provisions of this Article,
the Protecting Powers whose duty it is to the offer of the services of a humanitarian
safeguard the interests of the Parties to the organization, such as the International
conflict. For this purpose, the Protecting Committee of the Red Cross, to assume the
Powers may appoint, apart from their humanitarian functions performed by
diplomatic or consular staff, delegates from Protecting Powers under the present
amongst their own nationals or the nationals of Convention.
other neutral Powers. The said delegates shall
be subject to the approval of the Power with
Any neutral Power, or any organization invited
which they are to carry out their duties.
by the Power concerned or offering itself for
these purposes, shall be required to act with a
The Parties to the conflict shall facilitate to the sense of responsibility towards the Party to the
greatest extent possible, the task of the conflict on which persons protected by the
representatives or delegates of the Protecting present Convention depend, and shall be
Powers. required to furnish sufficient assurances that it
is in a position to undertake the appropriate
functions and to discharge them impartially.
The representatives or delegates of the
Protecting Powers shall not in any case exceed
their mission under the present Convention. No derogation from the preceding provisions
They shall, in particular, take account of the shall be made by special agreements between
imperative necessities of security of the State Powers one of which is restricted, even
wherein they carry out their duties. Their temporarily, in its freedom to negotiate with
activities shall only be restricted as an the other Power or its allies by reason of
exceptional and temporary measure when this military events, more particularly where the
is rendered necessary by imperative military whole, or a substantial part, of the territory of
necessities. the said Power is occupied.
Art. 9. The provisions of the present Whenever, in the present Convention, mention
Convention constitute no obstacle to the is made of a Protecting Power, such mention
humanitarian activities which the International also applies to substitute organizations in the
Committee of the Red Cross or any other sense of the present Article.
impartial humanitarian organization may,

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Art. 11. In cases where they deem it advisable far as military considerations permit, leave with
in the interest of protected persons, particularly them a part of its medical personnel and
in cases of disagreement between the Parties to material to assist in their care.
the conflict as to the application or
interpretation of the provisions of the present
Art. 13. The present Convention shall apply to
Convention, the Protecting Powers shall lend
the wounded and sick belonging to the
their good offices with a view to settling the
following categories:
disagreement.
(1) Members of the armed forces of a Party to
For this purpose, each of the Protecting Powers
the conflict, as well as members of militias or
may, either at the invitation of one Party or on
volunteer corps forming part of such armed
its own initiative, propose to the Parties to the
forces.
conflict a meeting of their representatives, in
particular of the authorities responsible for the
wounded and sick, members of medical (2) Members of other militias and members of
other volunteer corps, including those of
personnel and chaplains, possibly on neutral
organized resistance movements, belonging to
territory suitably chosen. The Parties to the
a Party to the conflict and operating in or
conflict shall be bound to give effect to the
outside their own territory, even if this territory
proposals made to them for this purpose. The
is occupied, provided that such militias or
Protecting Powers may, if necessary, propose
volunteer corps, including such organized
for approval by the Parties to the conflict, a
resistance movements, fulfil the following
person belonging to a neutral Power or
conditions:
delegated by the International Committee of the
Red Cross, who shall be invited to take part in
such a meeting. (a) that of being commanded by a person
responsible for his subordinates;
Chapter II. Wounded and Sick
(b) that of having a fixed distinctive sign
recognizable at a distance;
Art. 12. Members of the armed forces and
other persons mentioned in the following
Article, who are wounded or sick, shall be (c) that of carrying arms openly;
respected and protected in all circumstances.
(d) that of conducting their operations in
They shall be treated humanely and cared for accordance with the laws and customs of war.
by the Party to the conflict in whose power
they may be, without any adverse distinction
(3) Members of regular armed forces who
founded on sex, race, nationality, religion,
profess allegiance to a Government or an
political opinions, or any other similar criteria.
authority not recognized by the Detaining
Any attempts upon their lives, or violence to
Power.
their persons, shall be strictly prohibited; in
particular, they shall not be murdered or
exterminated, subjected to torture or to (4) Persons who accompany the armed forces
biological experiments; they shall not wilfully without actually being members thereof, such
be left without medical assistance and care, nor as civil members of military aircraft crews, war
shall conditions exposing them to contagion or correspondents, supply contractors, members
infection be created. of labour units or of services responsible for
the welfare of the armed forces, provided that
they have received authorization from the
Only urgent medical reasons will authorize
armed forces which they accompany.
priority in the order of treatment to be
administered.
(5) Members of crews, including masters,
pilots and apprentices, of the merchant marine
Women shall be treated with all consideration
and the crews of civil aircraft of the Parties to
due to their sex.
the conflict, who do not benefit by more
favourable treatment under any other
The Party to the conflict which is compelled to provisions in international law.
abandon wounded or sick to the enemy shall, as

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(6) Inhabitants of a non-occupied territory, who (f) any other particulars shown on his identity
on the approach of the enemy, spontaneously card or disc;
take up arms to resist the invading forces,
without having had time to form themselves
(g) date and place of capture or death;
into regular armed units, provided they carry
arms openly and respect the laws and customs
(h) particulars concerning wounds or illness, or
of war.
cause of death.
Art. 14. Subject to the provisions of Article 12,
As soon as possible the above mentioned
the wounded and sick of a belligerent who fall
into enemy hands shall be prisoners of war, and information shall be forwarded to the
Information Bureau described in Article 122 of
the provisions of international law concerning
prisoners of war shall apply to them. the Geneva Convention relative to the
Treatment of Prisoners of War of 12 August
1949, which shall transmit this information to
Art. 15. At all times, and particularly after an
the Power on which these persons depend
engagement, Parties to the conflict shall,
through the intermediary of the Protecting
without delay, take all possible measures to
Power and of the Central Prisoners of War
search for and collect the wounded and sick, to
Agency.
protect them against pillage and ill-treatment,
to ensure their adequate care, and to search for
Parties to the conflict shall prepare and forward
the dead and prevent their being despoiled.
to each other through the same bureau,
certificates of death or duly authenticated lists
Whenever circumstances permit, an armistice
of the dead. They shall likewise collect and
or a suspension of fire shall be arranged, or
forward through the same bureau one half of a
local arrangements made, to permit the
double identity disc, last wills or other
removal, exchange and transport of the
documents of importance to the next of kin,
wounded left on the battlefield.
money and in general all articles of an intrinsic
or sentimental value, which are found on the
Likewise, local arrangements may be dead. These articles, together with unidentified
concluded between Parties to the conflict for articles, shall be sent in sealed packets,
the removal or exchange of wounded and sick accompanied by statements giving all
from a besieged or encircled area, and for the particulars necessary for the identification of
passage of medical and religious personnel and the deceased owners, as well as by a complete
equipment on their way to that area. list of the contents of the parcel.
Art. 16. Parties to the conflict shall record as Art. 17. Parties to the conflict shall ensure that
soon as possible, in respect of each wounded, burial or cremation of the dead, carried out
sick or dead person of the adverse Party falling individually as far as circumstances permit, is
into their hands, any particulars which may preceded by a careful examination, if possible
assist in his identification. 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
These records should if possible include:
the double identity disc, or the identity disc
itself if it is a single disc, should remain on the
(a) designation of the Power on which he
body.
depends;
Bodies shall not be cremated except for
(b) army, regimental, personal or serial
imperative reasons of hygiene or for motives
number;
based on the religion of the deceased. In case of
cremation, the circumstances and reasons for
(c) surname; cremation shall be stated in detail in the death
certificate or on the authenticated list of the
dead.
(d) first name or names;
They shall further ensure that the dead are
(e) date of birth;
honourably interred, if possible according to

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the rites of the religion to which they belonged, circumstances be attacked, but shall at all times
that their graves are respected, grouped if be respected and protected by the Parties to the
possible according to the nationality of the conflict. Should they fall into the hands of the
deceased, properly maintained and marked so adverse Party, their personnel shall be free to
that they may always be found. For this pursue their duties, as long as the capturing
purpose, they shall organize at the Power has not itself ensured the necessary care
commencement of hostilities an Official of the wounded and sick found in such
Graves Registration Service, to allow establishments and units.
subsequent exhumations and to ensure the
identification of bodies, whatever the site of the
The responsible authorities shall ensure that the
graves, and the possible transportation to the
said medical establishments and units are, as
home country. These provisions shall likewise
far as possible, situated in such a manner that
apply to the ashes, which shall be kept by the
attacks against military objectives cannot
Graves Registration Service until proper
imperil their safety.
disposal thereof in accordance with the wishes
of the home country.
Art. 20. Hospital ships entitled to the
protection of the Geneva Convention for the
As soon as circumstances permit, and at latest
Amelioration of the Condition of Wounded,
at the end of hostilities, these Services shall
Sick and Shipwrecked Members of Armed
exchange, through the Information Bureau
Forces at Sea of 12 August 1949, shall not be
mentioned in the second paragraph of Article
attacked from the land.
16, lists showing the exact location and
markings of the graves, together with
Art. 21. The protection to which fixed
particulars of the dead interred therein.
establishments and mobile medical units of the
Medical Service are entitled shall not cease
Art. 18. The military authorities may appeal to
unless they are used to commit, outside their
the charity of the inhabitants voluntarily to
humanitarian duties, acts harmful to the enemy.
collect and care for, under their direction, the
Protection may, however, cease only after a
wounded and sick, granting persons who have
due warning has been given, naming, in all
responded to this appeal the necessary
appropriate cases, a reasonable time limit, and
protection and facilities. Should the adverse
after such warning has remained unheeded.
Party take or retake control of the area, he shall
likewise grant these persons the same
protection and the same facilities. Art. 22. The following conditions shall not be
considered as depriving a medical unit or
establishment of the protection guaranteed by
The military authorities shall permit the
Article 19:
inhabitants and relief societies, even in invaded
or occupied areas, spontaneously to collect and
(1) That the personnel of the unit or
care for wounded or sick of whatever
establishment are armed, and that they use the
nationality. The civilian population shall
arms in their own defence, or in that of the
respect these wounded and sick, and in
wounded and sick in their charge.
particular abstain from offering them violence.
(2) That in the absence of armed orderlies, the
No one may ever be molested or convicted for
having nursed the wounded or sick. unit or establishment is protected by a picket or
by sentries or by an escort.
The provisions of the present Article do not
(3) That small arms and ammunition taken
relieve the occupying Power of its obligation to
from the wounded and sick and not yet handed
give both physical and moral care to the
to the proper service, are found in the unit or
wounded and sick.
establishment.
Chapter III. Medical Units and
(4) That personnel and material of the
Establishments
veterinary service are found in the unit or
establishment, without forming an integral part
Art. 19. Fixed establishments and mobile
thereof.
medical units of the Medical Service may in no

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