CHAPTER I. GENERAL PROVISIONS
The High Contracting Parties undertake to respect and to ensure respect for the present
Convention in all circumstances.
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.
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:
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(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:
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(a) violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture;
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(b) taking of hostages;
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(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
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(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.
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(2) The wounded, sick and shipwrecked 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.
Neutral Powers shall apply by analogy the provisions of the present Convention to
the wounded, sick and shipwrecked, and to members of the medical personnel and to
chaplains of the armed forces of the Parties to the conflict received or interned
in their territory, as well as to dead persons found.
In addition to the agreements expressly provided for in Articles 10,18, 31, 38, 39,
40, 43 and 53, the High Contracting Parties may conclude other special agreements
for all matters concerning which they may deem it suitable to make separate provision.
No special agreement shall adversely affect the situation of wounded, sick and shipwrecked
persons, of members of the medical personnel or of chaplains, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains,
shall continue to have the benefit of such agreements as long as the Convention is
applicable to them, except where express provisions to the contrary are contained
in the aforesaid or in subsequent agreements, or where more favourable measures have
been taken with regard to them by one or other of the Parties to the conflict.
Wounded, sick and shipwrecked persons, as well as members of the medical personnel
and chaplains, may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special agreements referred
to in the foregoing Article, if such there be.
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 aproval 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.
The provisions of the present Convention constitute no obstacle to the humanitarian
activities which the International Committee of the Red Cross or any other impartial
humanitarian organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of wounded, sick and shipwrecked persons,
medical personnel and chaplains, and for their relief.
The High Contracting Parties may at any time agree to entrust to an organization which
offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit
or cease to benefit, no matter for what reason, by the activities of a Protecting
Power or of an organization provided for in the first paragraph above, the Detaining
Power shall request a neutral State, or such an organization, to undertake the functions
performed under the present Convention by a Protecting Power designated by the Parties
to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or
shall accept, subject to the provisions of this Article, the offer of the services
of a humanitarian organization, such as the International Committee of the Red Cross,
to assume the humanitarian functions performed by Protecting Powers under the present
Convention.
Any neutral Power, or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility
towards the Party to the conflict on which persons protected by the present Convention
depend, and shall be required to furnish sufficient assurances that it is in a position
to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with
the other Power or its allies by reason of military events, more particularly where
the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention
also applies to substitute organizations in the sense of the present Article.
In cases where they deem it advisable in the interest of protected persons, particularly
in cases of disagreement between the Parties to the conflict as to the application
or interpretation of the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the conflict a meeting of
their representatives, in particular of the authorities responsible for the wounded,
sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory
suitable 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, SICK AND SHIPWRECKED
The members of the armed forces and other persons mentioned in the following Article,
who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected
in all circumstances, it being understood that term “shipwreck” means shipwreck from
any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict
in whose power they may be, without any adverse distinction founded on sex, race,
nationality, religion, political opinions, or any other similar criteria. Any attempts
upon their lives, or violence to their persons, shall be strictly prohibited; in particular,
they shall not be murdered or exterminated, subjected to torture or to biological
experiments; they shall not wilfully be left without medical assistance and care,
nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be
administered.
Women shall be treated with all consideration due to their sex.
The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging
to the following categories:
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(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.
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(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:
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(a) that of being commanded by a person responsible for his subordinates;
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(b) that of having a fixed distinctive sign recognizable at a distance;
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(c) that of carrying arms openly;
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(d) that of conducting their operations in accordance with the laws and customs of war.
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(3) Members of regular armed forces who profess allegiance to a Government or an authority
not recognized by the Detaining Power.
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(4) Persons who accompany the armed forces without actually being members thereof, such
as civilian members of military aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the welfare of the armed forces,
provided that they have received authorization from the armed forces which they accompany.
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(5) Members of crews including masters, pilots and apprentices, of the merchant marine
and the crews of civil aircraft of the Parties to the conflict, who do not benefit
by more favourable treatment under any other provisions of international law.
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(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.
All warships of a belligerent Party shall have the right to demand that the wounded,
sick or shipwrecked on board military hospital ships, and hospital ships belonging
to relief societies or to private individuals, as well as merchant vessels, yachts
and other craft shall be surrendered, whatever their nationality, provided that the
wounded and sick are in a fit state to be moved and that the warship can provide adequate
facilities for necessary medical treatment.
If wounded, sick or shipwrecked persons are taken on board a neutral warship or a
neutral military aircraft, it shall be ensured, where so required by international
law, that they can take no further part in operations of war.
Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent
who fall into enemy hands shall be prisoners of war, and the provisions of international
law concerning prisoners of war shall apply to them. The captor may decide, according
to circumstances, whether it is expedient to hold them, or to convey them to a port
in the captor's own country, to a neutral port or even to a port in enemy territory.
In the last case, prisoners of war thus returned to their home country may not serve
for the duration of the war.
Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent
of the local authorities, shall, failing arrangements to the contrary between the
neutral and the belligerent Powers, be so guarded by the neutral Power, where so required
by international law, that the said persons cannot again take part in operations of
war.
The costs of hospital accommodation and internment shall be borne by the Power on
whom the wounded, sick or shipwrecked persons depend.
After each engagement, Parties to the conflict shall, without delay, take all possible
measures to search for and collect the shipwrecked, wounded and sick, to protect them
against pillage and ill-treatment, to ensure their adequate care, and to search for
the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements
for the removal of the wounded and sick by sea from a besieged or encircled area and
for the passage of medical and religious personnel and equipment on their way to that
area.
The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked,
wounded, sick or dead person of the adverse Party falling into their hands, any particulars
which may assist in his identification. These records should if possible include:
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(a) designation of the Power on which he depends;
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(b) army, regimental, personal or serial number;
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(c) surname;
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(d) first name or names;
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(e) date of birth;
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(f) any other particulars shown on his identity card or disc;
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(g) date and place of capture or death;
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(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the information
bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these
persons depend through the intermediary of the Protecting Power and of the Central
Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau,
certificates of death or duly authenticated lists of the dead. They shall likewise
collect and forward through the same bureau one half of the double identity disc,
or the identity disc itself if it is a single disc, last wills or other documents
of importance to the next of kin, money and in general all articles of an intrinsic
or sentimental value, which are found on the dead. These articles, together with unidentified
articles, shall be sent in sealed packets, accompanied by statements giving all particulars
necessary for the identification of the deceased owners, as well as by a complete
list of the contents of the parcel.
Parties to the conflict shall ensure that burial at sea of the dead, carried out individually
as far as circumstances permit, is preceded by a careful examination, if possible
by a medical examination, of the bodies, with a view to confirming death, establishing
identity and enabling a report to be made. Where a double identity disc is used, one
half of the disc should remain on the body.
If dead persons are landed, the provisons of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949, shall be applicable.
The Parties to the conflict may appeal to the charity of commanders of neutral merchant
vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked
persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord
collected wounded, sick or shipwrecked persons, shall enjoy special protection and
facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in the absence
of any promise to the contrary, they shall remain liable to capture for any violations
of neutrality they may have committed.
CHAPTER III. HOSPITAL SHIPS
Military hospital ships, that is to say, ships built or equipped by the Powers specially
and solely with a view to assisting the wounded, sick and shipwrecked, to treating
them and to transporting them, may in no circumstances be attacked or captured, but
shall at all times be respected and protected, on condition that their names and descriptions
have been notified to the Parties to the conflict ten days before those ships are
employed.
The characteristics which must appear in the notification shall include registered
gross tonnage, the length from stem to stern and the number of masts and funnels.
Hospital ships utilized by National Red Cross Societies, by officially recognized
relief societies or by private persons shall have the same protection as military
hospital ships and shall be exempt from capture, if the Party to the conflict on which
they depend has given them an official commission and in so far as the provisions
of Article 22 concerning notification have been complied with.
These ships must be provided with certificates from the responsible authorities, stating
that the vessels have been under their control while fitting out and on departure.
Hospital ships utilized by National Red Cross Societies, officially recognized relief
societies, or private persons of neutral countries shall have the same protection
as military hospital ships and shall be exempt from capture, on condition that they
have placed themselves under the control of one of the Parties to the conflict, with
the previous consent of their own governments and with the authorization of the Party
to the conflict concerned, in so far as the provisions of Article 22 concerning notification
have been complied with.
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of
any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to
ensure the maximum comfort and security, the Parties to the conflict shall endeavour
to utilize, for the transport of wounded, sick and shipwrecked over long distances
and on the high seas, only hospital ships of over 2,000 tons gross.
Under the same conditions as those provided for in Articles 22 and 24, small craft
employed by the State or by the officially recognized lifeboat institutions for coastal
rescue operations, shall also be respected and protected, so far as operational requirements
permit.
The same shall apply so far as possible to fixed coastal installations used exclusively
by these craft for their humanitarian missions.
Should fighting occur on board a warship, the sick-bays shall be respected and spared
as far as possible. Sick-bays and their equipment shall remain subject to the laws
of warfare, but may not be diverted from their purpose so long als they are required
for the wounded and sick. Nevertheless, the commander into whose power they have fallen
may, after ensuring the proper care of the wounded and sick who are accommodated therein,
apply them to other purposes in case of urgent military necessity.
Any hospital ship in a port which falls into the hands of the enemy shall be authorized
to leave the said port.
The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance
to the wounded, sick and shipwrecked without distinction of nationality.
The High Contracting Parties undertake not to use these vessels for any military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
The Parties to the conflict shall have the right to control and search the vessels
mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels,
order them off, make them take a certain course, control the use of their wireless
and other means of communication, and even detain them for a period not exceeding
seven days from the time of interception, if the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that
orders given in virtue of the provisions of the preceding paragraph are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the hospital
ship, in a language he can understand, the orders they have given the captain of the
vessel.
Parties to the conflict may, either unilaterally or by particular agreements, put
on board their ships neutral observers who shall verify the strict observation of
the provisions contained in the present Convention.
Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards
their stay in a neutral port.
Merchant vessels which have been transformed into hospital ships cannot be put to
any other use throughout the duration of hostilities.
The protection to which hospital ships and sick-bays are entitled shall not cease
unless they are used to commit, outside their humanitarian duties, acts harmful to
the enemy. Protection may, however, cease only after due warning has been given, naming
in all appropriate cases a reasonable time limit, and after such warning has remained
unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless
or other means of communication.
The following conditions shall not be considered as depriving hospital ships or sick-bays
of vessels of the protection due to them:
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(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order,
for their own defence or that of the sick and wounded.
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(2) The presence on board of apparatus exclusively intended to facilitate navigation or
communication.
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(3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition
taken from the wounded, sick and shipwrecked and not yet handed to the proper service.
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(4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels
or of the crews extend to the care of wounded, sick or shipwrecked civilians.
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(5) The transport of equipment and of personnel intended exclusively for medical duties,
over and above the normal requirements.
CHAPTER V. MEDICAL TRANSPORTS
Ships chartered for that purpose shall be authorized to transport equipment exclusively
intended for the treatment of wounded and sick members of armed forces or for the
prevention of disease, provided that the particulars regarding their voyage have been
notified to the adverse Power and approved by the latter. The adverse Power shall
preserve the right to board the carrier ships, but not to capture them or seize the
equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be placed
on board such ships to verify the equipment carried. For this purpose, free access
to the equipment shall be given.
Medical aircraft, that is to say, aircraft exclusively employed for the removal of
the wounded, sick and shipwrecked, and for the transport of medical personnel and
equipment, may not be the object of attack, but shall be respected by the Parties
to the conflict, while flying at heights, at times and on routes specifically agreed
upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article 41,
together with their national colours, on their lower, upper and lateral surfaces.
They shall be provided with any other markings or means of identification which may
be agreed upon between the Parties to the conflict upon the outbreak or during the
course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the event
of having thus to alight, the aircraft with its occupants may continue its flight
after examination, if any.
In the event of alighting involuntarily on land or water in enemy or enemy-occupied
territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft
shall be prisoners of war. The medical personnel shall be treated according to Articles
36 and 37.
Subject to the provisions of the second paragraph, medical aircraft of Parties to
the conflict may fly over the territory of neutral Powers, land thereon in case of
necessity, or use it as a port of call. They shall give neutral Powers prior notice
of their passage over the said territory, and obey every summons to alight, on land
or water. They will be immune from attack only when flying on routes, at heights and
at times specifically agreed upon between the Parties to the conflict and the neutral
Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or
landing of medical aircraft on their territory. Such possible conditions or restrictions
shall be applied equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict,
the wounded, sick or shipwrecked who are disembarked with the consent of the local
authorities on neutral territory by medical aircraft shall be detained by the neutral
Power, where so required by international law, in such a manner that they cannot again
take part in operations of war. The cost of their accommodation and internment shall
be borne by the Power on which they depend.
CHAPTER VI. THE DISTINCTIVE EMBLEM
Under the direction of the competent military authority, the emblem of the red cross
on a white ground shall be displayed on the flags, armlets and on all equipment employed
in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of the
red cross, the red crescent or the red lion and sun on a white ground, these emblems
are also recognized by the terms of the present Convention.
The personnel designated in Articles 36 and 37 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 te wearing the identity disc mentioned in Article 19,
shall also carry a special identity card bearing the distinctive emblem. This card
shall be water-resistant and of such size that it can be carried in the pocket. It
shall be worded in the national language, shall mention at least the surname and first
names, the date of birth, the rank and the service number of the bearer, and shall
state in what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his signature or his
fingerprints or both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as
possible, of a similar type in the armed forces of the High Contracting Parties. The
Parties to the conflict may be guided by the model which is annexed, by way of example,
to the present Convention. They shall inform each other, at the outbreak of hostilities,
of the model they are using. Identity cards should be made out, if possible, at least
in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity
cards nor of the right to wear the armlet. In case of loss they shall be entitled
to receive duplicates of the cards and to have the insignia replaced.
The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as
follows:
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(a) All exterior surfaces shall be white.
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(b) One or more dark red crosses, as large as possible, shall be painted and displayed
on each side of the hull and on the horizontal surfaces, so placed as to afford the
greatest possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag and
further, if they belong to a neutral state, the flag of the Party to the conflict
whose direction they have accepted. A white flag with a red cross shall be flown at
the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical
Service shall be painted white with dark red crosses prominently displayed and shall,
in general, comply with the identification system prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night and in times
of reduced visibility the protection to which they are entitled, must, subject to
the assent of the Party to the conflic under whose power they are, take the necessary
measures to render their painting and distinctive emblems sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally detained by
the enemy, must haul down the flag of the Party to the conflict in whose service they
are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying Power
from a base which is occupied, may be allowed, when away from their base, to continue
to fly their own national colours along with a flag carrying a red cross on a white
ground, subject to prior notification to all the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply equally to
the other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual agreements
in order to use the most modern methods available to facilitate the identification
of hospital ships.
The distinguishing signs referred to in Article 43 can only be used, whether in time
of peace or wars for indicating or protecting the ships therein mentioned, except
as may be provided in any other international Convention or by agreement between all
the Parties to the conflict concerned.
The High Contracting Parties shall, if their legislation is not already adequate,
take the measures necessary for the prevention and repression, at all times, of any
abuse of the distinctive signs provided for under Article 43.
CHAPTER VIII. REPRESSION OF ABUSES AND INFRACTIONS
The High Contracting Parties undertake to enact any legislation necessary to provide
effective penal sanctions for persons committing, or ordening to be committed, any
of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged
to have committed, or to have ordered to be committed, such grave breaches, and shall
bring such persons, regardless of their nationality, before its own courts. It may
also, if it prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party concerned, provided
such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all
acts contrary to the provisions of the present Convention other than the grave breaches
defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial
and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment
of Prisoners of War of August 12, 1949.
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.
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.
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.
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.
The present Convention, which bears the date of this day, is open to signature until
February 12, 1950, in the name of the Powers represented at the Conference which opened
at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference,
but which are parties to the Xth Hague Convention of October 18, 1907, for the adaptation
to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the
Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in
Armies in the Field.
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.
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.
The present Convention replaces the Xth Hague Convention of October 18, 1907, for
the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906,
in relations between the High Contracting Parties.
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.
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.
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.
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which
shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification has
been made at a time when the denouncing Power is involved in a conflict shall not
take effect until peace has been concluded, and until after operations connected with
the release and repatriation of the persons protected by the present Convention have
been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall
in no way impair the obligations which the Parties to the conflict shall remain bound
to fulfil by virtue of the principles of the law of nations, as they result from the
usages established among civilized peoples, from the laws of humanity and the dictates
of the public conscience.
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.