Geneva Convention IV

GENEVA CONVENTION (IV) RELATIVE TO THE
PROTECTION OF CIVILIAN PERSONS IN TIME OF

WAR (GENEVA CONVENTION IV)
Signed at Geneva, 12 August 1949
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference

held at Geneva from 21 April to 12 August 1949, for the purpose of establishing a Convention for
the Protection of Civilians in Time of War, have agreed as follows:
one of the High Contracting Parties, each Party to

the conflict shall be bound to apply, as a
PART I minimum, the following provisions:
(1) Persons taking no active part in the
GENERAL PROVISIONS hostilities, including members of armed forces
who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or
Article 1 any other cause, shall in all circumstances be
treated humanely, without any adverse distinction
The High Contracting Parties undertake to respect founded on race, colour, religion or faith, sex,
and to ensure respect for the present Convention birth or wealth, or any other similar criteria.
in all circumstances. To this end the following acts are and shall
remain prohibited at any time and in any place
Article 2 whatsoever with respect to the above-mentioned
persons:
In addition to the provisions which shall be (a) violence to life and person, in
implemented in peace-time, the present particular murder of all kinds, mutilation, cruel
Convention shall apply to all cases of declared treatment and torture;
war or of any other armed conflict which may
arise between two or more of the High (b) taking of hostages;
Contracting Parties, even if the state of war is not (c) outrages upon personal dignity, in
recognized by one of them. particular humiliating and degrading treatment;
The Convention shall also apply to all cases of (d) the passing of sentences and the
partial or total occupation of the territory of a carrying out of executions without previous
High Contracting Party, even if the said judgment pronounced by a regularly constituted
occupation meets with no armed resistance. court, affording all the judicial guarantees which
Although one of the Powers in conflict may not be are recognized as indispensable by civilized
a party to the present Convention, the Powers who peoples.
are parties thereto shall remain bound by it in their (2) The wounded and sick shall be collected
mutual relations. They shall furthermore be bound and cared for.
by the Convention in relation to the said Power, if An impartial humanitarian body, such as the
the latter accepts and applies the provisions International Committee of the Red Cross, may
thereof. offer its services to the Parties to the conflict.
The Parties to the conflict should further
Article 3 endeavour to bring into force, by means of special
agreements, all or part of the other provisions of
In the case of armed conflict not of an the present Convention.
international character occurring in the territory of
(GENEVA CONVENTION IV)

The application of the preceding provisions shall In each case, such persons shall nevertheless be
not affect the legal status of the Parties to the treated with humanity and, in case of trial, shall
conflict. not be deprived of the rights of fair and regular
trial prescribed by the present Convention. They
shall also be granted the full rights and privileges
Article 4 of a protected person under the present
Persons protected by the Convention are those Convention at the earliest date consistent with the
who, at a given moment and in any manner security of the State or Occupying Power, as the
whatsoever, find themselves, in case of a conflict case may be.
or occupation, in the hands of a Party to the
conflict or Occupying Power of which they are Article 6
not nationals.
Nationals of a State which is not bound by the The present Convention shall apply from the
Convention are not protected by it. Nationals of a outset of any conflict or occupation mentioned in
neutral State who find themselves in the territory Article 2.
of a belligerent State, and nationals of a co- In the territory of Parties to the conflict, the
belligerent State, shall not be regarded as application of the present Convention shall cease
protected persons while the State of which they on the general close of military operations.
are nationals has normal diplomatic representation In the case of occupied territory, the application of
in the State in whose hands they are. the present Convention shall cease one year after
The provisions of Part II are, however, wider in the general close of military operations; however,
application, as defined in Article 13. the Occupying Power shall be bound, for the
Persons protected by the Geneva Convention for duration of the occupation, to the extent that such
the Amelioration of the Condition of the Power exercises the functions of government in
Wounded and Sick in Armed Forces in the Field such territory, by the provisions of the following
of 12 August 1949, or by the Geneva Convention Articles of the present Convention: 1 to 12, 27, 29
for the Amelioration of the Condition of to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Wounded, Sick and Shipwrecked Members of Protected persons whose release, repatriation or
Armed Forces at Sea of 12 August 1949, or by the re-establishment may take place after such dates
Geneva Convention relative to the Treatment of shall meanwhile continue to benefit by the present
Prisoners of War of 12 August 1949, shall not be Convention.
considered as protected persons within the
meaning of the present Convention.
Article 7
Article 5 In addition to the agreements expressly provided
for in Articles 11, 14, 15, 17, 36, 108, 109, 132,
Where in the territory of a Party to the conflict, 133 and 149, the High Contracting Parties may
the latter is satisfied that an individual protected conclude other special agreements for all matters
person is definitely suspected of or engaged in concerning which they may deem it suitable to
activities hostile to the security of the State, such make separate provision. No special agreement
individual person shall not be entitled to claim shall adversely affect the situation of protected
such rights and privileges under the present persons, as defined by the present Convention, not
Convention as would, if exercised in the favour of restrict the rights which it confers upon them.
such individual person, be prejudicial to the Protected persons shall continue to have the
security of such State. benefit of such agreements as long as the
Where in occupied territory an individual Convention is applicable to them, except where
protected person is detained as a spy or saboteur, express provisions to the contrary are contained in
or as a person under definite suspicion of activity the aforesaid or in subsequent agreements, or
hostile to the security of the Occupying Power, where more favourable measures have been taken
such person shall, in those cases where absolute with regard to them by one or other of the Parties
military security so requires, be regarded as to the conflict.
having forfeited rights of communication under
the present Convention.
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Article 8 Power shall request a neutral State, or such an
organization, to undertake the functions
Protected persons may in no circumstances performed under the present Convention by a
renounce in part or in entirety the rights secured to Protecting Power designated by the Parties to a
them by the present Convention, and by the conflict.
special agreements referred to in the foregoing If protection cannot be arranged accordingly, the
Article, if such there be. Detaining Power shall request or shall accept,
subject to the provisions of this Article, the offer
Article 9 of the services of a humanitarian organization,
such as the International Committee of the Red
The present Convention shall be applied with the Cross, to assume the humanitarian functions
cooperation and under the scrutiny of the performed by Protecting Powers under the present
Protecting Powers whose duty it is to safeguard Convention.
the interests of the Parties to the conflict. For this Any neutral Power or any organization invited by
purpose, the Protecting Powers may appoint, apart the Power concerned or offering itself for these
from their diplomatic or consular staff, delegates purposes, shall be required to act with a sense of
from amongst their own nationals or the nationals responsibility towards the Party to the conflict on
of other neutral Powers. The said delegates shall which persons protected by the present
be subject to the approval of the Power with Convention depend, and shall be required to
which they are to carry out their duties. furnish sufficient assurances that it is in a position
The Parties to the conflict shall facilitate to the to undertake the appropriate functions and to
greatest extent possible the task of the discharge them impartially.
representatives or delegates of the Protecting No derogation from the preceding provisions shall
Powers. be made by special agreements between Powers
The representatives or delegates of the Protecting one of which is restricted, even temporarily, in its
Powers shall not in any case exceed their mission freedom to negotiate with the other Power or its
under the present Convention. allies by reason of military events, more
They shall, in particular, take account of the particularly where the whole, or a substantial part,
imperative necessities of security of the State of the territory of the said Power is occupied.
wherein they carry out their duties. Whenever in the present Convention mention is
made of a Protecting Power, such mention applies
to substitute organizations in the sense of the
Article 10 present Article.
The provisions of the present Convention The provisions of this Article shall extend and be
constitute no obstacle to the humanitarian adapted to cases of nationals of a neutral State
activities which the International Committee of who are in occupied territory or who find
the Red Cross or any other impartial humanitarian themselves in the territory of a belligerent State in
organization may, subject to the consent of the which the State of which they are nationals has
Parties to the conflict concerned, undertake for the not normal diplomatic representation.
protection of civilian persons and for their relief.
Article 12
Article 11
In cases where they deem it advisable in the
The High Contracting Parties may at any time interest of protected persons, particularly in cases
agree to entrust to an international organization of disagreement between the Parties to the conflict
which offers all guarantees of impartiality and as to the application or interpretation of the
efficacy the duties incumbent on the Protecting provisions of the present Convention, the
Powers by virtue of the present Convention. Protecting Powers shall lend their good offices
When persons protected by the present with a view to settling the disagreement.
Convention do not benefit or cease to benefit, no For this purpose, each of the Protecting Powers
matter for what reason, by the activities of a may, either at the invitation of one Party or on its
Protecting Power or of an organization provided own initiative, propose to the Parties to the
for in the first paragraph above, the Detaining conflict a meeting of their representatives, and in
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particular of the authorities responsible for Article 15
protected persons, possibly on neutral territory
suitably chosen. The Parties to the conflict shall Any Party to the conflict may, either direct or
be bound to give effect to the proposals made to through a neutral State or some humanitarian
them for this purpose. The Protecting Powers organization, propose to the adverse Party to
may, if necessary, propose for approval by the establish, in the regions where fighting is taking
Parties to the conflict a person belonging to a place, neutralized zones intended to shelter from
neutral Power, or delegated by the International the effects of war the following persons, without
Committee of the Red Cross, who shall be invited distinction:
to take part in such a meeting. (a) wounded and sick combatants or non-
combatants;
(b) civilian persons who take no part in
PART II hostilities, and who, while they reside in the
zones, perform no work of a military character.
GENERAL PROTECTION OF When the Parties concerned have agreed upon the
POPULATIONS AGAINST geographical position, administration, food supply
and supervision of the proposed neutralized zone,
CERTAIN CONSEQUENCES OF a written agreement shall be concluded and signed
WAR by the representatives of the Parties to the
conflict. The agreement shall fix the beginning
and the duration of the neutralization of the zone.
Article 13
The provisions of Part II cover the whole of the Article 16
populations of the countries in conflict, without
The wounded and sick, as well as the infirm, and
any adverse distinction based, in particular, on
expectant mothers, shall be the object of particular
race, nationality, religion or political opinion, and
protection and respect.
are intended to alleviate the sufferings caused by
war. As far as military considerations allow, each Party
to the conflict shall facilitate the steps taken to
search for the killed and wounded, to assist the
Article 14 shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-
In time of peace, the High Contracting Parties
treatment.
and, after the outbreak of hostilities, the Parties
thereto, may establish in their own territory and, if
the need arises, in occupied areas, hospital and Article 17
safety zones and localities so organized as to
protect from the effects of war, wounded, sick and The Parties to the conflict shall endeavour to
aged persons, children under fifteen, expectant conclude local agreements for the removal from
mothers and mothers of children under seven. besieged or encircled areas, of wounded, sick,
infirm, and aged persons, children and maternity
Upon the outbreak and during the course of
cases, and for the passage of ministers of all
hostilities, the Parties concerned may conclude
religions, medical personnel and medical
agreements on mutual recognition of the zones
equipment on their way to such areas.
and localities they have created. They may for this
purpose implement the provisions of the Draft
Agreement annexed to the present Convention, Article 18
with such amendments as they may consider
necessary. Civilian hospitals organized to give care to the
wounded and sick, the infirm and maternity cases,
The Protecting Powers and the International
may in no circumstances be the object of attack
Committee of the Red Cross are invited to lend
but shall at all times be respected and protected by
their good offices in order to facilitate the
the Parties to the conflict.
institution and recognition of these hospital and
safety zones and localities. States which are Parties to a conflict shall provide
all civilian hospitals with certificates showing that
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they are civilian hospitals and that the buildings duties. This armlet shall be issued by the State and
which they occupy are not used for any purpose shall bear the emblem provided for in Article 38
which would deprive these hospitals of protection of the Geneva Convention for the Amelioration of
in accordance with Article 19. the Condition of the Wounded and Sick in Armed
Civilian hospitals shall be marked by means of the Forces in the Field of 12 August 1949.
emblem provided for in Article 38 of the Geneva Other personnel who are engaged in the operation
Convention for the Amelioration of the Condition and administration of civilian hospitals shall be
of the Wounded and Sick in Armed Forces in the entitled to respect and protection and to wear the
Field of 12 August 1949, but only if so authorized armlet, as provided in and under the conditions
by the State. prescribed in this Article, while they are
The Parties to the conflict shall, in so far as employed on such duties. The identity card shall
military considerations permit, take the necessary state the duties on which they are employed.
steps to make the distinctive emblems indicating The management of each hospital shall at all
civilian hospitals clearly visible to the enemy times hold at the disposal of the competent
land, air and naval forces in order to obviate the national or occupying authorities an up-to-date list
possibility of any hostile action. of such personnel.
In view of the dangers to which hospitals may be
exposed by being close to military objectives, it is Article 21
recommended that such hospitals be situated as
far as possible from such objectives. Convoys of vehicles or hospital trains on land or
specially provided vessels on sea, conveying
wounded and sick civilians, the infirm and
Article 19 maternity cases, shall be respected and protected
The protection to which civilian hospitals are in the same manner as the hospitals provided for
entitled shall not cease unless they are used to in Article 18, and shall be marked, with the
commit, outside their humanitarian duties, acts consent of the State, by the display of the
harmful to the enemy. Protection may, however, distinctive emblem provided for in Article 38 of
cease only after due warning has been given, the Geneva Convention for the Amelioration of
naming, in all appropriate cases, a reasonable time the Condition of the Wounded and Sick in Armed
limit and after such warning has remained Forces in the Field of 12 August 1949.
unheeded. The fact that sick or wounded
members of the armed forces are nursed in these Article 22
hospitals, or the presence of small arms and
ammunition taken from such combatants which Aircraft exclusively employed for the removal of
have not yet been handed to the proper service, wounded and sick civilians, the infirm and
shall not be considered to be acts harmful to the maternity cases or for the transport of medical
enemy. personnel and equipment, shall not be attacked,
but shall be respected while flying at heights,
times and on routes specifically agreed upon
Article 20 between all the Parties to the conflict concerned.
Persons regularly and solely engaged in the They may be marked with the distinctive emblem
operation and administration of civilian hospitals, provided for in Article 38 of the Geneva
including the personnel engaged in the search for, Convention for the Amelioration of the Condition
removal and transporting of and caring for of the Wounded and Sick in Armed Forces in the
wounded and sick civilians, the infirm and Field of 12 August 1949.
maternity cases shall be respected and protected. Unless agreed otherwise, flights over enemy or
In occupied territory and in zones of military enemy occupied territory are prohibited.
operations, the above personnel shall be Such aircraft shall obey every summons to land.
recognizable by means of an identity card In the event of a landing thus imposed, the aircraft
certifying their status, bearing the photograph of with its occupants may continue its flight after
the holder and embossed with the stamp of the examination, if any.
responsible authority, and also by means of a
stamped, water-resistant armlet which they shall
wear on the left arm while carrying out their
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Article 23 Protecting Power, if any, and under due
safeguards for the observance of the principles
Each High Contracting Party shall allow the free stated in the first paragraph.
passage of all consignments of medical and They shall, furthermore, endeavour to arrange for
hospital stores and objects necessary for religious all children under twelve to be identified by the
worship intended only for civilians of another wearing of identity discs, or by some other means.
High Contracting Party, even if the latter is its
adversary. It shall likewise permit the free passage
of all consignments of essential foodstuffs, Article 25
clothing and tonics intended for children under
fifteen, expectant mothers and maternity cases. All persons in the territory of a Party to the
conflict, or in a territory occupied by it, shall be
The obligation of a High Contracting Party to enabled to give news of a strictly personal nature
allow the free passage of the consignments to members of their families, wherever they may
indicated in the preceding paragraph is subject to be, and to receive news from them. This
the condition that this Party is satisfied that there correspondence shall be forwarded speedily and
are no serious reasons for fearing: without undue delay.
(a) that the consignments may be diverted If, as a result of circumstances, it becomes
from their destination, difficult or impossible to exchange family
(b) that the control may not be effective, or correspondence by the ordinary post, the Parties
(c) that a definite advantage may accrue to to the conflict concerned shall apply to a neutral
the military efforts or economy of the enemy intermediary, such as the Central Agency
through the substitution of the above-mentioned provided for in Article 140, and shall decide in
consignments for goods which would otherwise consultation with it how to ensure the fulfilment
be provided or produced by the enemy or through of their obligations under the best possible
the release of such material, services or facilities conditions, in particular with the cooperation of
as would otherwise be required for the production the National Red Cross (Red Crescent, Red Lion
of such goods. and Sun)Societies.
The Power which allows the passage of the If the Parties to the conflict deem it necessary to
consignments indicated in the first paragraph of restrict family correspondence, such restrictions
this Article may make such permission shall be confined to the compulsory use of
conditional on the distribution to the persons standard forms containing twenty-five freely
benefited thereby being made under the local chosen words, and to the limitation of the number
supervision of the Protecting Powers. of these forms despatched to one each month.
Such consignments shall be forwarded as rapidly
as possible, and the Power which permits their Article 26
free passage shall have the right to prescribe the
technical arrangements under which such passage Each Party to the conflict shall facilitate enquiries
is allowed. made by members of families dispersed owing to
the war, with the object of renewing contact with
one another and of meeting, if possible. It shall
Article 24 encourage, in particular, the work of organizations
engaged on this task provided they are acceptable
The Parties to the conflict shall take the necessary to it and conform to its security regulations.
measures to ensure that children under fifteen,
who are orphaned or are separated from their
families as a result of the war, are not left to their
own resources, and that their maintenance, the
exercise of their religion and their education are
facilitated in all circumstances. Their education
shall, as far as possible, be entrusted to persons of
a similar cultural tradition.
The Parties to the conflict shall facilitate the
reception of such children in a neutral country for
the duration of the conflict with the consent of the
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PART III Article 30
Protected persons shall have every facility for
STATUS AND TREATMENT OF making application to the Protecting Powers, the
PROTECTED PERSONS International Committee of the Red Cross, the
National Red Cross (Red Crescent, Red Lion and
Sun) Society of the country where they may be, as
well as to any organization that might assist them.
SECTION I
These several organizations shall be granted all
Provisions Common to the Territories of facilities for that purpose by the authorities,
the Parties to the Conflict and to within the bounds set by military or security
considerations.
Occupied Territories
Apart from the visits of the delegates of the
Protecting Powers and of the International
Article 27 Committee of the Red Cross, provided for by
Article 143, the Detaining or Occupying Powers
Protected persons are entitled, in all shall facilitate, as much as possible, visits to
circumstances, to respect for their persons, their protected persons by the representatives of other
honour, their family rights, their religious organizations whose object is to give spiritual aid
convictions and practices, and their manners and or material relief to such persons.
customs. They shall at all times be humanely
treated, and shall be protected especially against
all acts of violence or threats thereof and against Article 31
insults and public curiosity. No physical or moral coercion shall be exercised
Women shall be especially protected against any against protected persons, in particular to obtain
attack on their honour, in particular against rape, information from them or from third parties.
enforced prostitution, or any form of indecent
assault.
Article 32
Without prejudice to the provisions relating to
their state of health, age and sex, all protected The High Contracting Parties specifically agree
persons shall be treated with the same that each of them is prohibited from taking any
consideration by the Party to the conflict in whose measure of such a character as to cause the
power they are, without any adverse distinction physical suffering or extermination of protected
based, in particular, on race, religion or political persons in their hands. This prohibition applies
opinion. not only to murder, torture, corporal punishments,
However, the Parties to the conflict may take such mutilation and medical or scientific experiments
measures of control and security in regard to not necessitated by the medical treatment of a
protected persons as may be necessary as a result protected person, but also to any other measures
of the war. of brutality whether applied by civilian or military
agents.
Article 28
Article 33
The presence of a protected person may not be
used to render certain points or areas immune No protected person may be punished for an
from military operations. offence he or she has not personally committed.
Collective penalties and likewise all measures of
intimidation or of terrorism are prohibited.
Article 29 Pillage is prohibited.
The Party to the conflict in whose hands protected Reprisals against protected persons and their
persons may be, is responsible for the treatment property are prohibited.
accorded to them by its agents, irrespective of any
individual responsibility which may be incurred.
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Article 34 to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
The taking of hostages is prohibited.
Article 37
SECTION II Protected persons who are confined pending
proceedings or subject to a sentence involving
Aliens in the Territory of a Party to the loss of liberty, shall during their confinement be
Conflict humanely treated.
As soon as they are released, they may ask to
Article 35 leave the territory in conformity with the
foregoing Articles.
All protected persons who may desire to leave the
territory at the outset of, or during a conflict, shall Article 38
be entitled to do so, unless their departure is
contrary to the national interests of the State. The With the exception of special measures authorized
applications of such persons to leave shall be by the present Convention, in particularly by
decided in accordance with regularly established Article 27 and 41 thereof, the situation of
procedures and the decision shall be taken as protected persons shall continue to be regulated,
rapidly as possible. Those persons permitted to in principle, by the provisions concerning aliens
leave may provide themselves with the necessary in time of peace. In any case, the following rights
funds for their journey and take with them a shall be granted to them:
reasonable amount of their effects and articles of
(1) they shall be enabled to receive the
personal use.
individual or collective relief that may be sent to
If any such person is refused permission to leave them.
the territory, he shall be entitled to have refusal
(2) they shall, if their state of health so
reconsidered, as soon as possible by an
requires, receive medical attention and hospital
appropriate court or administrative board
treatment to the same extent as the nationals of the
designated by the Detaining Power for that
State concerned.
purpose.
(3) they shall be allowed to practise their
Upon request, representatives of the Protecting
religion and to receive spiritual assistance from
Power shall, unless reasons of security prevent it,
ministers of their faith.
or the persons concerned object, be furnished with
the reasons for refusal of any request for (4) if they reside in an area particularly
permission to leave the territory and be given, as exposed to the dangers of war, they shall be
expeditiously as possible, the names of all persons authorized to move from that area to the same
who have been denied permission to leave. extent as the nationals of the State concerned.
(5) children under fifteen years, pregnant
Article 36 women and mothers of children under seven years
shall benefit by any preferential treatment to the
Departures permitted under the foregoing Article same extent as the nationals of the State
shall be carried out in satisfactory conditions as concerned.
regards safety, hygiene, sanitation and food. All
costs in connection therewith, from the point of Article 39
exit in the territory of the Detaining Power, shall
be borne by the country of destination, or, in the Protected persons who, as a result of the war, have
case of accommodation in a neutral country, by lost their gainful employment, shall be granted the
the Power whose nationals are benefited. The opportunity to find paid employment. That
practical details of such movements may, if opportunity shall, subject to security
necessary, be settled by special agreements considerations and to the provisions of Article 40,
between the Powers concerned. be equal to that enjoyed by the nationals of the
The foregoing shall not prejudice such special Power in whose territory they are.
agreements as may be concluded between Parties
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Where a Party to the conflict applies to a Article 42
protected person methods of control which result
in his being unable to support himself, and The internment or placing in assigned residence of
especially if such a person is prevented for protected persons may be ordered only if the
reasons of security from finding paid employment security of the Detaining Power makes it
on reasonable conditions, the said Party shall absolutely necessary.
ensure his support and that of his dependents. If any person, acting through the representatives
Protected persons may in any case receive of the Protecting Power, voluntarily demands
allowances from their home country, the internment, and if his situation renders this step
Protecting Power, or the relief societies referred to necessary, he shall be interned by the Power in
in Article 30. whose hands he may be.
Article 40 Article 43
Protected persons may be compelled to work only Any protected person who has been interned or
to the same extent as nationals of the Party to the placed in assigned residence shall be entitled to
conflict in whose territory they are. have such action reconsidered as soon as possible
If protected persons are of enemy nationality, they by an appropriate court or administrative board
may only be compelled to do work which is designated by the Detaining Power for that
normally necessary to ensure the feeding, purpose. If the internment or placing in assigned
sheltering, clothing, transport and health of human residence is maintained, the court or
beings and which is not directly related to the administrative board shall periodically, and at
conduct of military operations. least twice yearly, give consideration to his or her
case, with a view to the favourable amendment of
In the cases mentioned in the two preceding the initial decision, if circumstances permit.
paragraphs, protected persons compelled to work
shall have the benefit of the same working Unless the protected persons concerned object, the
conditions and of the same safeguards as national Detaining Power shall, as rapidly as possible, give
workers in particular as regards wages, hours of the Protecting Power the names of any protected
labour, clothing and equipment, previous training persons who have been interned or subjected to
and compensation for occupational accidents and assigned residence, or who have been released
diseases. from internment or assigned residence. The
decisions of the courts or boards mentioned in the
If the above provisions are infringed, protected first paragraph of the present Article shall also,
persons shall be allowed to exercise their right of subject to the same conditions, be notified as
complaint in accordance with Article 30. rapidly as possible to the Protecting Power.
Should the Power, in whose hands protected In applying the measures of control mentioned in
persons may be, consider the measures of control the present Convention, the Detaining Power shall
mentioned in the present Convention to be not treat as enemy aliens exclusively on the basis
inadequate, it may not have recourse to any other of their nationality de jure of an enemy State,
measure of control more severe than that of refugees who do not, in fact, enjoy the protection
assigned residence or internment, in accordance of any government.
with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second
paragraph, to the cases of persons required to
Article 45
leave their usual places of residence by virtue of a Protected persons shall not be transferred to a
decision placing them in assigned residence, by Power which is not a party to the Convention.
virtue of a decision placing them in assigned
residence, elsewhere, the Detaining Power shall This provision shall in no way constitute an
be guided as closely as possible by the standards obstacle to the repatriation of protected persons,
of welfare set forth in Part III, Section IV of this or to their return to their country of residence after
Convention. the cessation of hostilities.
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Protected persons may be transferred by the Occupying Power, nor by any annexation by the
Detaining Power only to a Power which is a party latter of the whole or part of the occupied
to the present Convention and after the Detaining territory.
Power has satisfied itself of the willingness and
ability of such transferee Power to apply the
present Convention. If protected persons are Article 48
transferred under such circumstances, Protected persons who are not nationals of the
responsibility for the application of the present Power whose territory is occupied, may avail
Convention rests on the Power accepting them, themselves of the right to leave the territory
while they are in its custody. Nevertheless, if that subject to the provisions of Article 35, and
Power fails to carry out the provisions of the decisions thereon shall be taken in accordance
present Convention in any important respect, the with the procedure which the Occupying Power
Power by which the protected persons were shall establish in accordance with the said Article.
transferred shall, upon being so notified by the
Protecting Power, take effective measures to
correct the situation or shall request the return of Article 49
the protected persons. Such request must be
complied with. Individual or mass forcible transfers, as well as
deportations of protected persons from occupied
In no circumstances shall a protected person be territory to the territory of the Occupying Power
transferred to a country where he or she may have or to that of any other country, occupied or not,
reason to fear persecution for his or her political are prohibited, regardless of their motive.
opinions or religious beliefs.
Nevertheless, the Occupying Power may
The provisions of this Article do not constitute an undertake total or partial evacuation of a given
obstacle to the extradition, in pursuance of area if the security of the population or imperative
extradition treaties concluded before the outbreak military reasons so demand. Such evacuations
of hostilities, of protected persons accused of may not involve the displacement of protected
offences against ordinary criminal law. persons outside the bounds of the occupied
territory except when for material reasons it is
Article 46 impossible to avoid such displacement. Persons
thus evacuated shall be transferred back to their
In so far as they have not been previously homes as soon as hostilities in the area in question
withdrawn, restrictive measures taken regarding have ceased.
protected persons shall be cancelled as soon as The Occupying Power undertaking such transfers
possible after the close of hostilities. or evacuations shall ensure, to the greatest
Restrictive measures affecting their property shall practicable extent, that proper accommodation is
be cancelled, in accordance with the law of the provided to receive the protected persons, that the
Detaining Power, as soon as possible after the removals are effected in satisfactory conditions of
close of hostilities. hygiene, health, safety and nutrition, and that
members of the same family are not separated.
The Protecting Power shall be informed of any
SECTION III transfers and evacuations as soon as they have
taken place.
Occupied Territories
The Occupying Power shall not detain protected
persons in an area particularly exposed to the
Article 47 dangers of war unless the security of the
population or imperative military reasons so
Protected persons who are in occupied territory demand.
shall not be deprived, in any case or in any The Occupying Power shall not deport or transfer
manner whatsoever, of the benefits of the present parts of its own civilian population into the
Convention by any change introduced, as the territory it occupies.
result of the occupation of a territory, into the
institutions or government of the said territory,
nor by any agreement concluded between the
authorities of the occupied territories and the
- 10 –
Article 50 The work shall be carried out only in the occupied
territory where the persons whose services have
The Occupying Power shall, with the cooperation been requisitioned are. Every such person shall, so
of the national and local authorities, facilitate the far as possible, be kept in his usual place of
proper working of all institutions devoted to the employment. Workers shall be paid a fair wage
care and education of children. and the work shall be proportionate to their
The Occupying Power shall take all necessary physical and intellectual capacities. The
steps to facilitate the identification of children and legislation in force in the occupied country
the registration of their parentage. It may not, in concerning working conditions, and safeguards as
any case, change their personal status, nor enlist regards, in particular, such matters as wages,
them in formations or organizations subordinate hours of work, equipment, preliminary training
to it. and compensation for occupational accidents and
diseases, shall be applicable to the protected
Should the local institutions be inadequate for the persons assigned to the work referred to in this
purpose, the Occupying Power shall make Article.
arrangements for the maintenance and education,
if possible by persons of their own nationality, In no case shall requisition of labour lead to a
language and religion, of children who are mobilization of workers in an organization of a
orphaned or separated from their parents as a military or semi-military character.
result of the war and who cannot be adequately
cared for by a near relative or friend. Article 52
A special section of the Bureau set up in
accordance with Article 136 shall be responsible No contract, agreement or regulation shall impair
for taking all necessary steps to identify children the right of any worker, whether voluntary or not
whose identity is in doubt. Particulars of their and wherever he may be, to apply to the
parents or other near relatives should always be representatives of the Protecting Power in order to
recorded if available. request the said Power’s intervention.
The Occupying Power shall not hinder the All measures aiming at creating unemployment or
application of any preferential measures in regard at restricting the opportunities offered to workers
to food, medical care and protection against the in an occupied territory, in order to induce them to
effects of war which may have been adopted prior work for the Occupying Power, are prohibited.
to the occupation in favour of children under
fifteen years, expectant mothers, and mothers of Article 53
children under seven years.
Any destruction by the Occupying Power of real
or personal property belonging individually or
Article 51 collectively to private persons, or to the State, or
The Occupying Power may not compel protected to other public authorities, or to social or
persons to serve in its armed or auxiliary forces. cooperative organizations, is prohibited, except
No pressure or propaganda which aims at securing where such destruction is rendered absolutely
voluntary enlistment is permitted. necessary by military operations.
The Occupying Power may not compel protected
persons to work unless they are over eighteen Article 54
years of age, and then only on work which is
necessary either for the needs of the army of The Occupying Power may not alter the status of
occupation, or for the public utility services, or for public officials or judges in the occupied
the feeding, sheltering, clothing, transportation or territories, or in any way apply sanctions to or
health of the population of the occupied country. take any measures of coercion or discrimination
Protected persons may not be compelled to against them, should they abstain from fulfilling
undertake any work which would involve them in their functions for reasons of conscience.
the obligation of taking part in military This prohibition does not prejudice the application
operations. The Occupying Power may not of the second paragraph of Article 51. It does not
compel protected persons to employ forcible affect the right of the Occupying Power to remove
means to ensure the security of the installations public officials from their posts.
where they are performing compulsory labour.
- 11 –
To the fullest extent of the means available to it, The Occupying Power may requisition civilian
the Occupying Power has the duty of ensuring the hospitals of hospitals only temporarily and only in
food and medical supplies of the population; it cases of urgent necessity for the care of military
should, in particular, bring in the necessary wounded and sick, and then on condition that
foodstuffs, medical stores and other articles if the suitable arrangements are made in due time for
resources of the occupied territory are inadequate. the care and treatment of the patients and for the
The Occupying Power may not requisition needs of the civilian population for hospital
foodstuffs, articles or medical supplies available accommodation.
in the occupied territory, except for use by the The material and stores of civilian hospitals
occupation forces and administration personnel, cannot be requisitioned so long as they are
and then only if the requirements of the civilian necessary for the needs of the civilian population.
population have been taken into account. Subject
to the provisions of other international
Conventions, the Occupying Power shall make
Article 58
arrangements to ensure that fair value is paid for The Occupying Power shall permit ministers of
any requisitioned goods. religion to give spiritual assistance to the
The Protecting Power shall, at any time, be at members of their religious communities.
liberty to verify the state of the food and medical The Occupying Power shall also accept
supplies in occupied territories, except where consignments of books and articles required for
temporary restrictions are made necessary by religious needs and shall facilitate their
imperative military requirements. distribution in occupied territory.
To the fullest extent of the means available to it, If the whole or part of the population of an
the public Occupying Power has the duty of occupied territory is inadequately supplied, the
ensuring and maintaining, with the cooperation of Occupying Power shall agree to relief schemes on
national and local authorities, the medical and behalf of the said population, and shall facilitate
hospital establishments and services, public health them by all the means at its disposal.
and hygiene in the occupied territory, with
particular reference to the adoption and Such schemes, which may be undertaken either by
application of the prophylactic and preventive States or by impartial humanitarian organizations
measures necessary to combat the spread of such as the International Committee of the Red
contagious diseases and epidemics. Medical Cross, shall consist, in particular, of the provision
personnel of all categories shall be allowed to of consignments of foodstuffs, medical supplies
carry out their duties. and clothing.
If new hospitals are set up in occupied territory All Contracting Parties shall permit the free
and if the competent organs of the occupied State passage of these consignments and shall guarantee
are not operating there, the occupying authorities their protection.
shall, if necessary, grant them the recognition A Power granting free passage to consignments
provided for in Article 18. In similar on their way to territory occupied by an adverse
circumstances, the occupying authorities shall Party to the conflict shall, however, have the right
also grant recognition to hospital personnel and to search the consignments, to regulate their
transport vehicles under the provisions of Articles passage according to prescribed times and routes,
20 and 21. and to be reasonably satisfied through the
In adopting measures of health and hygiene and in Protecting Power that these consignments are to
their implementation, the Occupying Power shall be used for the relief of the needy population and
take into consideration the moral and ethical are not to be used for the benefit of the Occupying
susceptibilities of the population of the occupied Power.
territory.
- 12 –
Article 60 (b) the Occupying Power may not require
any changes in the personnel or structure of these
Relief consignments shall in no way relieve the societies, which would prejudice the aforesaid
Occupying Power of any of its responsibilities activities.
under Articles 55, 56 and 59. The Occupying The same principles shall apply to the activities
Power shall in no way whatsoever divert relief and personnel of special organizations of a non-
consignments from the purpose for which they are military character, which already exist or which
intended, except in cases of urgent necessity, in may be established, for the purpose of ensuring
the interests of the population of the occupied the living conditions of the civilian population by
territory and with the consent of the Protecting the maintenance of the essential public utility
Power. services, by the distribution of relief and by the
organization of rescues.
Article 61
The distribution of the relief consignments
Article 64
referred to in the foregoing Articles shall be The penal laws of the occupied territory shall
carried out with the cooperation and under the remain in force, with the exception that they may
supervision of the Protecting Power. This duty be repealed or suspended by the Occupying Power
may also be delegated, by agreement between the in cases where they constitute a threat to its
Occupying Power and the Protecting Power, to a security or an obstacle to the application of the
neutral Power, to the International Committee of present Convention.
the Red Cross or to any other impartial
humanitarian body. Subject to the latter consideration and to the
necessity for ensuring the effective administration
Such consignments shall be exempt in occupied of justice, the tribunals of the occupied territory
territory from all charges, taxes or customs duties shall continue to function in respect of all
unless these are necessary in the interests of the offences covered by the said laws.
economy of the territory. The Occupying Power
shall facilitate the rapid distribution of these The Occupying Power may, however, subject the
consignments. population of the occupied territory to provisions
which are essential to enable the Occupying
All Contracting Parties shall endeavour to permit Power to fulfil its obligations under the present
the transit and transport, free of charge, of such Convention, to maintain the orderly government
relief consignments on their way to occupied of the territory, and to ensure the security of the
territories. Occupying Power, of the members and property
of the occupying forces or administration, and
Article 62 likewise of the establishments and lines of
communication used by them.
Subject to imperative reasons of security,
protected persons in occupied territories shall be
permitted to receive the individual relief
Article 65
consignments sent to them. The penal provisions enacted by the Occupying
Power shall not come into force before they have
Article 63 been published and brought to the knowledge of
the inhabitants in their own language. The effect
Subject to temporary and exceptional measures of these penal provisions shall not be retroactive.
imposed for urgent reasons of security by the
Occupying Power:
Article 66
(a) recognized National Red Cross (Red
Crescent, Red Lion and Sun) Societies shall be In case of a breach of the penal provisions
able to pursue their activities in accordance with promulgated by it by virtue of the second
Red Cross principles, as defined by the paragraph of Article 64 the Occupying Power may
International Red Cross Conferences. Other relief hand over the accused to its properly constituted,
societies shall be permitted to continue their non-political military courts, on condition that the
humanitarian activities under similar conditions; said courts sit in the occupied country. Courts of
appeal shall preferably sit in the occupied country.
- 13 –
Article 67 under arrest awaiting trial or punishment shall be
deducted from any period of imprisonment of
The courts shall apply only those provisions of awarded.
law which were applicable prior to the offence,
and which are in accordance with general
principles of law, in particular the principle that Article 70
the penalty shall be proportionate to the offence. Protected persons shall not be arrested, prosecuted
They shall take into consideration the fact the or convicted by the Occupying Power for acts
accused is not a national of the Occupying Power. committed or for opinions expressed before the
occupation, or during a temporary interruption
Article 68 thereof, with the exception of breaches of the laws
and customs of war.
Protected persons who commit an offence which Nationals of the occupying Power who, before the
is solely intended to harm the Occupying Power, outbreak of hostilities, have sought refuge in the
but which does not constitute an attempt on the territory of the occupied State, shall not be
life or limb of members of the occupying forces or arrested, prosecuted, convicted or deported from
administration, nor a grave collective danger, nor the occupied territory, except for offences
seriously damage the property of the occupying committed after the outbreak of hostilities, or for
forces or administration or the installations used offences under common law committed before the
by them, shall be liable to internment or simple outbreak of hostilities which, according to the law
imprisonment, provided the duration of such of the occupied State, would have justified
internment or imprisonment is proportionate to extradition in time of peace.
the offence committed. Furthermore, internment
or imprisonment shall, for such offences, be the
only measure adopted for depriving protected Article 71
persons of liberty. The courts provided for under
Article 66 of the present Convention may at their No sentence shall be pronounced by the
discretion convert a sentence of imprisonment to competent courts of the Occupying Power except
one of internment for the same period. after a regular trial.
The penal provisions promulgated by the Accused persons who are prosecuted by the
Occupying Power in accordance with Articles 64 Occupying Power shall be promptly informed, in
and 65 may impose the death penalty on a writing, in a language which they understand, of
protected person only in cases where the person is the particulars of the charges preferred against
guilty of espionage, of serious acts of sabotage them, and shall be brought to trial as rapidly as
against the military installations of the Occupying possible. The Protecting Power shall be informed
Power or of intentional offences which have of all proceedings instituted by the Occupying
caused the death of one or more persons, provided Power against protected persons in respect of
that such offences were punishable by death under charges involving the death penalty or
the law of the occupied territory in force before imprisonment for two years or more; it shall be
the occupation began. enabled, at any time, to obtain information
regarding the state of such proceedings.
The death penalty may not be pronounced on a Furthermore, the Protecting Power shall be
protected person unless the attention of the court entitled, on request, to be furnished with all
has been particularly called to the fact that since particulars of these and of any other proceedings
the accused is not a national of the Occupying instituted by the Occupying Power against
Power, he is not bound to it by any duty of protected persons.
allegiance.
The notification to the Protecting Power, as
In any case, the death penalty may not be provided for in the second paragraph above, shall
pronounced on a protected person who was under be sent immediately, and shall in any case reach
eighteen years of age at the time of the offence. the Protecting Power three weeks before the date
of the first hearing. Unless, at the opening of the
Article 69 trial, evidence is submitted that the provisions of
this Article are fully complied with, the trial shall
In all cases the duration of the period during not proceed. The notification shall include the
which a protected person accused of an offence is following particulars:
- 14 –
(a) description of the accused; measure, to be held in camera in the interests of
(b) place of residence or detention; the security of the Occupying Power, which shall
then notify the Protecting Power. A notification in
(c) specification of the charge or charges respect of the date and place of trial shall be sent
(with mention of the penal provisions under which to the Protecting Power.
it is brought);
Any judgement involving a sentence of death, or
(d) designation of the court which will hear imprisonment for two years or more, shall be
the case; communicated, with the relevant grounds, as
(e) place and date of the first hearing. rapidly as possible to the Protecting Power. The
notification shall contain a reference to the
notification made under Article 71 and, in the case
Article 72 of sentences of imprisonment, the name of the
Accused persons shall have the right to present place where the sentence is to be served. A record
evidence necessary to their defence and may, in of judgements other than those referred to above
particular, call witnesses. They shall have the shall be kept by the court and shall be open to
right to be assisted by a qualified advocate or inspection by representatives of the Protecting
counsel of their own choice, who shall be able to Power. Any period allowed for appeal in the case
visit them freely and shall enjoy the necessary of sentences involving the death penalty, or
facilities for preparing the defence. imprisonment of two years or more, shall not run
until notification of judgement has been received
Failing a choice by the accused, the Protecting by the Protecting Power.
Power may provide him with an advocate or
counsel. When an accused person has to meet a
serious charge and the Protecting Power is not Article 75
functioning, the Occupying Power, subject to the
consent of the accused, shall provide an advocate In no case shall persons condemned to death be
or counsel. deprived of the right of petition for pardon or
reprieve.
Accused persons shall, unless they freely waive
such assistance, be aided by an interpreter, both No death sentence shall be carried out before the
during preliminary investigation and during the expiration of a period of a least six months from
hearing in court. They shall have at any time the the date of receipt by the Protecting Power of the
right to object to the interpreter and to ask for his notification of the final judgment confirming such
replacement. death sentence, or of an order denying pardon or
reprieve.
The six months period of suspension of the death
Article 73 sentence herein prescribed may be reduced in
A convicted person shall have the right of appeal individual cases in circumstances of grave
provided for by the laws applied by the court. He emergency involving an organized threat to the
shall be fully informed of his right to appeal or security of the Occupying Power or its forces,
petition and of the time limit within which he may provided always that the Protecting Power is
do so. notified of such reduction and is given reasonable
time and opportunity to make representations to
The penal procedure provided in the present the competent occupying authorities in respect of
Section shall apply, as far as it is applicable, to such death sentences.
appeals. Where the laws applied by the Court
make no provision for appeals, the convicted
person shall have the right to petition against the Article 76
finding and sentence to the competent authority of
the Occupying Power. Protected persons accused of offences shall be
detained in the occupied country, and if convicted
they shall serve their sentences therein. They
Article 74 shall, if possible, be separated from other
detainees and shall enjoy conditions of food and
Representatives of the Protecting Power shall hygiene which will be sufficient to keep them in
have the right to attend the trial of any protected good health, and which will be at least equal to
person, unless the hearing has, as an exceptional those obtaining in prisons in the occupied country.
- 15 –
They shall receive the medical attention required SECTION IV
by their state of health.
They shall also have the right to receive any Regulations for the Treatment of
spiritual assistance which they may require. Internees
Women shall be confined in separate quarters and
shall be under the direct supervision of women.
Proper regard shall be paid to the special CHAPTER I
treatment due to minors.
Protected persons who are detained shall have the General Provisions
right to be visited by delegates of the Protecting
Power and of the International Committee of the
Red Cross, in accordance with the provisions of Article 79
Article 143.
The Parties to the conflict shall not intern
Such persons shall have the right to receive at protected persons, except in accordance with the
least one relief parcel monthly. provisions of Articles 41, 42, 43, 68 and 78.
Protected persons who have been accused of Internees shall retain their full civil capacity and
offences or convicted by the courts in occupied shall exercise such attendant rights as may be
territory, shall be handed over at the close of compatible with their status.
occupation, with the relevant records, to the
authorities of the liberated territory.
Article 81
Article 78 Parties to the conflict who intern protected
persons shall be bound to provide free of charge
If the Occupying Power considers it necessary, for for their maintenance, and to grant them also the
imperative reasons of security, to take safety medical attention required by their state of health.
measures concerning protected persons, it may, at
the most, subject them to assigned residence or to No deduction from the allowances, salaries or
internment. credits due to the internees shall be made for the
repayment of these costs.
Decisions regarding such assigned residence or
internment shall be made according to a regular The Detaining Power shall provide for the support
procedure to be prescribed by the Occupying of those dependent on the internees, if such
Power in accordance with the provisions of the dependents are without adequate means of support
present Convention. This procedure shall include or are unable to earn a living.
the right of appeal for the parties concerned.
Appeals shall be decided with the least possible Article 82
delay. In the event of the decision being upheld, it
shall be subject to periodical review, if possible The Detaining Power shall, as far as possible,
every six months, by a competent body set up by accommodate the internees according to their
the said Power. nationality, language and customs. Internees who
Protected persons made subject to assigned are nationals of the same country shall not be
residence and thus required to leave their homes separated merely because they have different
shall enjoy the full benefit of Article 39 of the languages.
present Convention. Throughout the duration of their internment,
members of the same family, and in particular
parents and children, shall be lodged together in
the same place of internment, except when
separation of a temporary nature is necessitated
for reasons of employment or health or for the
purposes of enforcement of the provisions of
Chapter IX of the present Section. Internees may
- 16 –
request that their children who are left at liberty harmful to his health, he shall be removed to a
without parental care shall be interned with them. more suitable place of internment as rapidly as
Wherever possible, interned members of the same circumstances permit.
family shall be housed in the same premises and The premises shall be fully protected from
given separate accommodation from other dampness, adequately heated and lighted, in
internees, together with facilities for leading a particular between dusk and lights out. The
proper family life. sleeping quarters shall be sufficiently spacious
and well ventilated, and the internees shall have
suitable bedding and sufficient blankets, account
CHAPTER II being taken of the climate, and the age, sex, and
state of health of the internees.
Places of Internment Internees shall have for their use, day and night,
sanitary conveniences which conform to the rules
of hygiene, and are constantly maintained in a
Article 83 state of cleanliness. They shall be provided with
sufficient water and soap for their daily personal
The Detaining Power shall not set up places of toilet and for washing their personal laundry;
internment in areas particularly exposed to the installations and facilities necessary for this
dangers of war. purpose shall be granted to them. Showers or
The Detaining Power shall give the enemy baths shall also be available. The necessary time
Powers, through the intermediary of the shall be set aside for washing and for cleaning.
Protecting Powers, all useful information Whenever it is necessary, as an exceptional and
regarding the geographical location of places of temporary measure, to accommodate women
internment. internees who are not members of a family unit in
Whenever military considerations permit, the same place of internment as men, the
internment camps shall be indicated by the letters provision of separate sleeping quarters and
IC, placed so as to be clearly visible in the sanitary conveniences for the use of such women
daytime from the air. The Powers concerned may, internees shall be obligatory.
however, agree upon any other system of
marking. No place other than an internment camp Article 86
shall be marked as such.
The Detaining Power shall place at the disposal of
Article 84 interned persons, of whatever denomination,
premises suitable for the holding of their religious
Internees shall be accommodated and services.
administered separately from prisoners of war and
from persons deprived of liberty for any other Article 87
reason.
Canteens shall be installed in every place of
Article 85 internment, except where other suitable facilities
are available. Their purpose shall be to enable
The Detaining Power is bound to take all internees to make purchases, at prices not higher
necessary and possible measures to ensure that than local market prices, of foodstuffs and articles
protected persons shall, from the outset of their of everyday use, including soap and tobacco, such
internment, be accommodated in buildings or as would increase their personal well-being and
quarters which afford every possible safeguard as comfort.
regards hygiene and health, and provide efficient Profits made by canteens shall be credited to a
protection against the rigours of the climate and welfare fund to be set up for each place of
the effects of the war. In no case shall permanent internment, and administered for the benefit of the
places of internment be situated in unhealthy areas internees attached to such place of internment.
or in districts, the climate of which is injurious to The Internee Committee provided for in Article
the internees. In all cases where the district, in 102 shall have the right to check the management
which a protected person is temporarily interned, of the canteen and of the said fund.
is an unhealthy area or has a climate which is
- 17 –
When a place of internment is closed down, the Article 90
balance of the welfare fund shall be transferred to
the welfare fund of a place of internment for When taken into custody, internees shall be given
internees of the same nationality, or, if such a all facilities to provide themselves with the
place does not exist, to a central welfare fund necessary clothing, footwear and change of
which shall be administered for the benefit of all underwear, and later on, to procure further
internees remaining in the custody of the supplies if required. Should any internees not
Detaining Power. In case of a general release, the have sufficient clothing, account being taken of
said profits shall be kept by the Detaining Power, the climate, and be unable to procure any, it shall
subject to any agreement to the contrary between be provided free of charge to them by the
the Powers concerned. Detaining Power.
The clothing supplied by the Detaining Power to
Article 88 internees and the outward markings placed on
their own clothes shall not be ignominious nor
In all places of internment exposed to air raids and expose them to ridicule.
other hazards of war, shelters adequate in number Workers shall receive suitable working outfits,
and structure to ensure the necessary protection including protective clothing, whenever the nature
shall be installed. In case of alarms, the measures of their work so requires.
internees shall be free to enter such shelters as
quickly as possible, excepting those who remain
for the protection of their quarters against the
aforesaid hazards. Any protective measures taken
CHAPTER IV
in favour of the population shall also apply to
them. Hygiene and Medical Attention
All due precautions must be taken in places of
internment against the danger of fire. Article 91
Every place of internment shall have an adequate
CHAPTER III infirmary, under the direction of a qualified
doctor, where internees may have the attention
Food and Clothing they require, as well as appropriate diet. Isolation
wards shall be set aside for cases of contagious or
mental diseases.
Article 89 Maternity cases and internees suffering from
serious diseases, or whose condition requires
Daily food rations for internees shall be sufficient special treatment, a surgical operation or hospital
in quantity, quality and variety to keep internees care, must be admitted to any institution where
in a good state of health and prevent the adequate treatment can be given and shall receive
development of nutritional deficiencies. Account care not inferior to that provided for the general
shall also be taken of the customary diet of the population.
internees.
Internees shall, for preference, have the attention
Internees shall also be given the means by which of medical personnel of their own nationality.
they can prepare for themselves any additional
food in their possession. Internees may not be prevented from presenting
themselves to the medical authorities for
Sufficient drinking water shall be supplied to examination. The medical authorities of the
internees. The use of tobacco shall be permitted. Detaining Power shall, upon request, issue to
Internees who work shall receive additional every internee who has undergone treatment an
rations in proportion to the kind of labour which official certificate showing the nature of his
they perform. illness or injury, and the duration and nature of
Expectant and nursing mothers and children under the treatment given. A duplicate of this certificate
fifteen years of age, shall be given additional shall be forwarded to the Central Agency
food, in proportion to their physiological needs. provided for in Article 140.
Treatment, including the provision of any
apparatus necessary for the maintenance of
- 18 –
internees in good health, particularly dentures and religious authorities of the same faith may
other artificial appliances and spectacles, shall be appoint, in agreement with the Detaining Power, a
free of charge to the internee. minister of the internees’ faith or, if such a course
is feasible from a denominational point of view, a
minister of similar religion or a qualified layman.
Article 92 The latter shall enjoy the facilities granted to the
Medical inspections of internees shall be made at ministry he has assumed. Persons so appointed
least once a month. Their purpose shall be, in shall comply with all regulations laid down by the
particular, to supervise the general state of health, Detaining Power in the interests of discipline and
nutrition and cleanliness of internees, and to security.
detect contagious diseases, especially
tuberculosis, malaria, and venereal diseases. Such Article 94
inspections shall include, in particular, the
checking of weight of each internee and, at least The Detaining Power shall encourage intellectual,
once a year, radioscopic examination. educational and recreational pursuits, sports and
games amongst internees, whilst leaving them free
to take part in them or not. It shall take all
CHAPTER V practicable measures to ensure the exercise
thereof, in particular by providing suitable
Religious, Intellectual and Physical premises.
Activities All possible facilities shall be granted to internees
to continue their studies or to take up new
subjects. The education of children and young
Article 93 people shall be ensured; they shall be allowed to
attend schools either within the place of
Internees shall enjoy complete latitude in the internment or outside.
exercise of their religious duties, including Internees shall be given opportunities for physical
attendance at the services of their faith, on exercise, sports and outdoor games. For this
condition that they comply with the disciplinary purpose, sufficient open spaces shall be set aside
routine prescribed by the detaining authorities. in all places of internment. Special playgrounds
Ministers of religion who are interned shall be shall be reserved for children and young people.
allowed to minister freely to the members of their
community. For this purpose the Detaining Power Article 95
shall ensure their equitable allocation amongst the
various places of internment in which there are The Detaining Power shall not employ internees
internees speaking the same language and as workers, unless they so desire. Employment
belonging to the same religion. Should such which, if undertaken under compulsion by a
ministers be too few in number, the Detaining protected person not in internment, would involve
Power shall provide them with the necessary a breach of Articles 40 or 51 of the present
facilities, including means of transport, for Convention, and employment on work which is of
moving from one place to another, and they shall a degrading or humiliating character are in any
be authorized to visit any internees who are in case prohibited.
hospital. Ministers of religion shall be at liberty
to correspond on matters concerning their After a working period of six weeks, internees
shall be free to give up work at any moment,
ministry with the religious authorities in the
country of detention and, as far as possible, with subject to eight days’ notice.
the international religious organizations of their These provisions constitute no obstacle to the
faith. Such correspondence shall not be right of the Detaining Power to employ interned
considered as forming a part of the quota doctors, dentists and other medical personnel in
mentioned in Article 107. It shall, however, be their professional capacity on behalf of their
subject to the provisions of Article 112. fellow internees, or to employ internees for
When internees do not have at their disposal the administrative and maintenance work in places of
internment and to detail such persons for work in
assistance of ministers of their faith, or should
these latter be too few in number, the local the kitchens or for other domestic tasks, or to
require such persons to undertake duties
- 19 –
connected with the protection of internees against CHAPTER VI
aerial bombardment or other war risks. No
internee may, however, be required to perform
tasks for which he is, in the opinion of a medical
Personal Property and Financial
officer, physically unsuited. Resources
The Detaining Power shall take entire
responsibility for all working conditions, for Article 97
medical attention, for the payment of wages, and
for ensuring that all employed internees receive Internees shall be permitted to retain articles of
compensation for occupational accidents and personal use. Monies, cheques, bonds, etc., and
diseases. The standards prescribed for the said valuables in their possession may not be taken
working conditions and for compensation shall be from them except in accordance with established
in accordance with the national laws and procedure. Detailed receipts shall be given
regulations, and with the existing practice; they therefor.
shall in no case be inferior to those obtaining for
work of the same nature in the same district. The amounts shall be paid into the account of
Wages for work done shall be determined on an every internee as provided for in Article 98. Such
equitable basis by special agreements between the amounts may not be converted into any other
internees, the Detaining Power, and, if the case currency unless legislation in force in the territory
arises, employers other than the Detaining Power in which the owner is interned so requires or the
to provide for free maintenance of internees and internee gives his consent.
for the medical attention which their state of Articles which have above all a personal or
health may require. Internees permanently sentimental value may not be taken away.
detailed for categories of work mentioned in the A woman internee shall not be searched except by
third paragraph of this Article, shall be paid fair a woman.
wages by the Detaining Power. The working
conditions and the scale of compensation for On release or repatriation, internees shall be given
occupational accidents and diseases to internees, all articles, monies or other valuables taken from
thus detailed, shall not be inferior to those them during internment and shall receive in
applicable to work of the same nature in the same currency the balance of any credit to their
district. accounts kept in accordance with Article 98, with
the exception of any articles or amounts withheld
by the Detaining Power by virtue of its legislation
Article 96 in force. If the property of an internee is so
withheld, the owner shall receive a detailed
All labour detachments shall remain part of and receipt.
dependent upon a place of internment. The
competent authorities of the Detaining Power and Family or identity documents in the possession of
the commandant of a place of internment shall be internees may not be taken away without a receipt
responsible for the observance in a labour being given. At no time shall internees be left
detachment of the provisions of the present without identity documents. If they have none,
Convention. The commandant shall keep an up- they shall be issued with special documents drawn
to-date list of the labour detachments subordinate up by the detaining authorities, which will serve
to him and shall communicate it to the delegates as their identity papers until the end of their
of the Protecting Power, of the International internment.
Committee of the Red Cross and of other Internees may keep on their persons a certain
humanitarian organizations who may visit the amount of money, in cash or in the shape of
places of internment. purchase coupons, to enable them to make
purchases.
Article 98
All internees shall receive regular allowances,
sufficient to enable them to purchase goods and
articles, such as tobacco, toilet requisites, etc.
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Such allowances may take the form of credits or The text of the present Convention and the texts
purchase coupons. of special agreements concluded under the said
Furthermore, internees may receive allowances Convention shall be posted inside the place of
from the Power to which they owe allegiance, the internment, in a language which the internees
Protecting Powers, the organizations which may understand, or shall be in the possession of the
assist them, or their families, as well as the Internee Committee.
income on their property in accordance with the Regulations, orders, notices and publications of
law of the Detaining Power. The amount of every kind shall be communicated to the internees
allowances granted by the Power to which they and posted inside the places of internment, in a
owe allegiance shall be the same for each language which they understand.
category of internees (infirm, sick, pregnant Every order and command addressed to internees
women, etc.) but may not be allocated by that individually must, likewise, be given in a
Power or distributed by the Detaining Power on language which they understand.
the basis of discriminations between internees
which are prohibited by Article 27 of the present
Convention. Article 100
The Detaining Power shall open a regular account The disciplinary regime in places of internment
for every internee, to which shall be credited the shall be consistent with humanitarian principles,
allowances named in the present Article, the and shall in no circumstances include regulations
wages earned and the remittances received, imposing on internees any physical exertion
together with such sums taken from him as may dangerous to their health or involving physical or
be available under the legislation in force in the moral victimization. Identification by tattooing or
territory in which he is interned. Internees shall be imprinting signs or markings on the body, is
granted all facilities consistent with the legislation prohibited.
in force in such territory to make remittances to
their families and to other dependents. They may In particular, prolonged standing and roll-calls,
draw from their accounts the amounts necessary punishment drill, military drill and manoeuvres,
for their personal expenses, within the limits fixed or the reduction of food rations, are prohibited.
by the Detaining Power. They shall at all times be
afforded reasonable facilities for consulting and Article 101
obtaining copies of their accounts. A statement of
accounts shall be furnished to the Protecting Internees shall have the right to present to the
Power, on request, and shall accompany the authorities in whose power they are, any petition
internee in case of transfer. with regard to the conditions of internment to
which they are subjected.
They shall also have the right to apply without
CHAPTER VII restriction through the Internee Committee or, if
they consider it necessary, direct to the
Administration and Discipline representatives of the Protecting Power, in order
to indicate to them any points on which they may
have complaints to make with regard to the
Article 99 conditions of internment.
Every place of internment shall be put under the Such petitions and complaints shall be transmitted
authority of a responsible officer, chosen from the forthwith and without alteration, and even if the
regular military forces or the regular civil latter are recognized to be unfounded, they may
administration of the Detaining Power. The not occasion any punishment.
officer in charge of the place of internment must Periodic reports on the situation in places of
have in his possession a copy of the present internment and as to the needs of the internees
Convention in the official language, or one of the may be sent by the Internee Committees to the
official languages, of his country and shall be representatives of the Protecting Powers.
responsible for its application. The staff in control
of internees shall be instructed in the provisions of
the present Convention and of the administrative
measures adopted to ensure its application.
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Article 102 Members of Internee Committees who are
transferred shall be allowed a reasonable time to
In every place of internment, the internees shall acquaint their successors with current affairs.
freely elect by secret ballot every six months, the
members of a Committee empowered to represent
them before the Detaining and the Protecting CHAPTER VIII
Powers, the International Committee of the Red
Cross and any other organization which may Relations with the Exterior
assist them. The members of the Committee shall
be eligible for re-election.
Internees so elected shall enter upon their duties Article 105
after their election has been approved by the
detaining authorities. The reasons for any refusals Immediately upon interning protected persons, the
or dismissals shall be communicated to the Detaining Powers shall inform them, the Power to
Protecting Powers concerned. which they owe allegiance and their Protecting
Power of the measures taken for executing the
provisions of the present Chapter. The Detaining
Article 103 Powers shall likewise inform the Parties
concerned of any subsequent modifications of
The Internee Committees shall further the
such measures.
physical, spiritual and intellectual well-being of
the internees.
In case the internees decide, in particular, to Article 106
organize a system of mutual assistance amongst
As soon as he is interned, or at the latest not more
themselves, this organization would be within the
than one week after his arrival in a place of
competence of the Committees in addition to the
internment, and likewise in cases of sickness or
special duties entrusted to them under other
transfer to another place of internment or to a
provisions of the present Convention.
hospital, every internee shall be enabled to send
direct to his family, on the one hand, and to the
Article 104 Central Agency provided for by Article 140, on
the other, an internment card similar, if possible,
Members of Internee Committees shall not be to the model annexed to the present Convention,
required to perform any other work, if the informing his relatives of his detention, address
accomplishment of their duties is rendered more and state of health. The said cards shall be
difficult thereby. forwarded as rapidly as possible and may not be
Members of Internee Committees may appoint delayed in any way.
from amongst the internees such assistants as they
may require. All material facilities shall be Article 107
granted to them, particularly a certain freedom of
movement necessary for the accomplishment of Internees shall be allowed to send and receive
their duties (visits to labour detachments, receipt letters and cards. If the Detaining Power deems it
of supplies, etc.). necessary to limit the number of letters and cards
All facilities shall likewise be accorded to sent by each internee, the said number shall not be
members of Internee Committees for less than two letters and four cards monthly; these
communication by post and telegraph with the shall be drawn up so as to conform as closely as
detaining authorities, the Protecting Powers, the possible to the models annexed to the present
International Committee of the Red Cross and Convention. If limitations must be placed on the
their delegates, and with the organizations which correspondence addressed to internees, they may
give assistance to internees. Committee members be ordered only by the Power to which such
in labour detachments shall enjoy similar facilities internees owe allegiance, possibly at the request
for communication with their Internee Committee of the Detaining Power. Such letters and cards
in the principal place of internment. Such must be conveyed with reasonable despatch; they
communications shall not be limited, nor may not be delayed or retained for disciplinary
considered as forming a part of the quota reasons.
mentioned in Article 107.
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Internees who have been a long time without agreements restrict the right of representatives of
news, or who find it impossible to receive news the Protecting Powers, the International
from their relatives, or to give them news by the Committee of the Red Cross, or any other
ordinary postal route, as well as those who are at a organization giving assistance to internees and
considerable distance from their homes, shall be responsible for the forwarding of collective
allowed to send telegrams, the charges being paid shipments, to supervise their distribution to the
by them in the currency at their disposal. They recipients.
shall likewise benefit by this provision in cases
which are recognized to be urgent.
Article 110
As a rule, internees’ mail shall be written in their
own language. The Parties to the conflict may An relief shipments for internees shall be exempt
authorize correspondence in other languages. from import, customs and other dues.
All matter sent by mail, including relief parcels
Article 108 sent by parcel post and remittances of money,
addressed from other countries to internees or
Internees shall be allowed to receive, by post or despatched by them through the post office, either
by any other means, individual parcels or direct or through the Information Bureaux
collective shipments containing in particular provided for in Article 136 and the Central
foodstuffs, clothing, medical supplies, as well as Information Agency provided for in Article 140,
books and objects of a devotional, educational or shall be exempt from all postal dues both in the
recreational character which may meet their countries of origin and destination and in
needs. Such shipments shall in no way free the intermediate countries. To this effect, in
Detaining Power from the obligations imposed particular, the exemption provided by the
upon it by virtue of the present Convention. Universal Postal Convention of 1947 and by the
Should military necessity require the quantity of agreements of the Universal Postal Union in
such shipments to be limited, due notice thereof favour of civilians of enemy nationality detained
shall be given to the Protecting Power and to the in camps or civilian prisons, shall be extended to
International Committee of the Red Cross, or to the other interned persons protected by the present
any other organization giving assistance to the Convention. The countries not signatory to the
internees and responsible for the forwarding of above-mentioned agreements shall be bound to
such shipments. grant freedom from charges in the same
circumstances.
The conditions for the sending of individual
parcels and collective shipments shall, if The cost of transporting relief shipments which
necessary, be the subject of special agreements are intended for internees and which, by reason of
between the Powers concerned, which may in no their weight or any other cause, cannot be sent
case delay the receipt by the internees of relief through the post office, shall be borne by the
supplies. Parcels of clothing and foodstuffs may Detaining Power in all the territories under its
not include books. Medical relief supplies shall, as control. Other Powers which are Parties to the
a rule, be sent in collective parcels. present Convention shall bear the cost of transport
in their respective territories.
Costs connected with the transport of such
Article 109 shipments, which are not covered by the above
In the absence of special agreements between paragraphs, shall be charged to the senders.
Parties to the conflict regarding the conditions for The High Contracting Parties shall endeavour to
the receipt and distribution of collective relief reduce, so far as possible, the charges for
shipments, the regulations concerning collective telegrams sent by internees, or addressed to them.
relief which are annexed to the present
Convention shall be applied.
Article 111
The special agreements provided for above shall
in no case restrict the right of Internee Should military operations prevent the Powers
Committees to take possession of collective relief concerned from fulfilling their obligation to
shipments intended for internees, to undertake ensure the conveyance of the mail and relief
their distribution and to dispose of them in the shipments provided for in Articles 106, 107, 108
interests of the recipients. Nor shall such and 113, the Protecting Powers concerned, the
- 23 –
International Committee of the Red Cross or any the Protecting Power or the Central Agency
other organization duly approved by the Parties to provided for in Article 140, or as otherwise
the conflict may undertake to ensure the required, of wills, powers of attorney, letters of
conveyance of such shipments by suitable means authority, or any other documents intended for
(rail, motor vehicles, vessels or aircraft, etc.). For internees or despatched by them.
this purpose, the High Contracting Parties shall In all cases the Detaining Powers shall facilitate
endeavour to supply them with such transport, and the execution and authentication in due legal form
to allow its circulation, especially by granting the of such documents on behalf of internees, in
necessary safe-conducts. particular by allowing them to consult a lawyer.
Such transport may also be used to convey:
(a) correspondence, lists and reports Article 114
exchanged between the Central Information
Agency referred to in Article 140 and the National The Detaining Power shall afford internees all
Bureaux referred to in Article 136; facilities to enable them to manage their property,
(b) correspondence and reports relating to provided this is not incompatible with the
internees which the Protecting Powers, the conditions of internment and the law which is
International Committee of the Red Cross or any applicable. For this purpose, the said Power may
other organization assisting the internees give them permission to leave the place of
exchange either with their own delegates or with internment in urgent cases and if circumstances
the Parties to the conflict. allow.
These provisions in no way detract from the right
of any Party to the conflict to arrange other means Article 115
of transport if it should so prefer, nor preclude the
granting of safe-conducts, under mutually agreed In all cases where an internee is a party to
conditions, to such means of transport. proceedings in any court, the Detaining Power
shall, if he so requests, cause the court to be
The costs occasioned by the use of such means of informed of his detention and shall, within legal
transport shall be borne, in proportion to the limits, ensure that all necessary steps are taken to
importance of the shipments, by the Parties to the prevent him from being in any way prejudiced, by
conflict whose nationals are benefited thereby. reason of his internment, as regards the
preparation and conduct of his case or as regards
Article 112 the execution of any judgment of the court.
The censoring of correspondence addressed to

internees or despatched by them shall be done as
Article 116
quickly as possible. Every internee shall be allowed to receive visitors,
The examination of consignments intended for especially near relatives, at regular intervals and
internees shall not be carried out under conditions as frequently as possible.
that will expose the goods contained in them to As far as is possible, internees shall be permitted
deterioration. It shall be done in the presence of to visit their homes in urgent cases, particularly in
the addressee, or of a fellow-internee duly cases of death or serious illness of relatives.
delegated by him. The delivery to internees of
individual or collective consignments shall not be
delayed under the pretext of difficulties of
censorship. CHAPTER IX
Any prohibition of correspondence ordered by the Penal and Disciplinary Sanctions
Parties to the conflict either for military or
political reasons, shall be only temporary and its
duration shall be as short as possible. Article 117
Article 113 Subject to the provisions of the present Chapter,

the laws in force in the territory in which they are
The Detaining Powers shall provide all reasonable detained will continue to apply to internees who
execution facilities for the transmission, through commit offences during internment.
- 24 –
If general laws, regulations or orders declare acts The duration of any single punishment shall in no
committed by internees to be punishable, whereas case exceed a maximum of thirty consecutive
the same acts are not punishable when committed days, even if the internee is answerable for several
by persons who are not internees, such acts shall breaches of discipline when his case is dealt with,
entail disciplinary punishments only. whether such breaches are connected or not.
No internee may be punished more than once for
the same act, or on the same count. Article 120
Internees who are recaptured after having escaped
Article 118 or when attempting to escape, shall be liable only
The courts or authorities shall in passing sentence to disciplinary punishment in respect of this act,
take as far as possible into account the fact that even if it is a repeated offence.
the defendant is not a national of the Detaining Article 118, paragraph 3, notwithstanding,
Power. They shall be free to reduce the penalty internees punished as a result of escape or attempt
prescribed for the offence with which the internee to escape, may be subjected to special
is charged and shall not be obliged, to this end, to surveillance, on condition that such surveillance
apply the minimum sentence prescribed. does not affect the state of their health, that it is
Imprisonment in premises without daylight, and, exercised in a place of internment and that it does
in general, all forms of cruelty without exception not entail the abolition of any of the safeguards
are forbidden. granted by the present Convention.
Internees who have served disciplinary or judicial Internees who aid and abet an escape or attempt to
sentences shall not be treated differently from escape, shall be liable on this count to disciplinary
other internees. punishment only.
The duration of preventive detention undergone
by an internee shall be deducted from any Article 121
disciplinary or judicial penalty involving
confinement to which he may be sentenced. Escape, or attempt to escape, even if it is a
repeated offence, shall not be deemed an
Internee Committees shall be informed of all aggravating circumstance in cases where an
judicial proceedings instituted against internees internee is prosecuted for offences committed
whom they represent, and of their result. during his escape.
The Parties to the conflict shall ensure that the
Article 119 competent authorities exercise leniency in
deciding whether punishment inflicted for an
The disciplinary punishments applicable to offence shall be of a disciplinary or judicial
internees shall be the following: nature, especially in respect of acts committed in
(1) a fine which shall not exceed 50 per cent connection with an escape, whether successful or
of the wages which the internee would otherwise not.
receive under the provisions of Article 95 during a
period of not more than thirty days.
Article 122
(2) discontinuance of privileges granted over
and above the treatment provided for by the Acts which constitute offences against discipline
present Convention shall be investigated immediately. This rule shall
(3) fatigue duties, not exceeding two hours be applied, in particular, in cases of escape or
daily, in connection with the maintenance of the attempt to escape. Recaptured internees shall be
place of internment. handed over to the competent authorities as soon
as possible.
(4) confinement.
In cases of offences against discipline,
In no case shall disciplinary penalties be inhuman, confinement awaiting trial shall be reduced to an
brutal or dangerous for the health of internees. absolute minimum for all internees, and shall not
Account shall be taken of the internee’s age, sex exceed fourteen days. Its duration shall in any
and state of health. case be deducted from any sentence of
confinement.
- 25 –
The provisions of Articles 124 and 125 shall Article 125
apply to internees who are in confinement
awaiting trial for offences against discipline. Internees awarded disciplinary punishment shall
be allowed to exercise and to stay in the open air
at least two hours daily.
Article 123
They shall be allowed, if they so request, to be
Without prejudice to the competence of courts and present at the daily medical inspections. They
higher authorities, disciplinary punishment may shall receive the attention which their state of
be ordered only by the commandant of the place health requires and, if necessary, shall be removed
of internment, or by a responsible officer or to the infirmary of the place of internment or to a
official who replaces him, or to whom he has hospital.
delegated his disciplinary powers. They shall have permission to read and write,
Before any disciplinary punishment is awarded, likewise to send and receive letters. Parcels and
the accused internee shall be given precise remittances of money, however, may be withheld
information regarding the offences of which he is from them until the completion of their
accused, and given an opportunity of explaining punishment; such consignments shall meanwhile
his conduct and of defending himself. He shall be be entrusted to the Internee Committee, who will
permitted, in particular, to call witnesses and to hand over to the infirmary the perishable goods
have recourse, if necessary, to the services of a contained in the parcels.
qualified interpreter. The decision shall be No internee given a disciplinary punishment may
announced in the presence of the accused and of a be deprived of the benefit of the provisions of
member of the Internee Committee. Articles 107 and 143 of the present Convention.
The period elapsing between the time of award of
a disciplinary punishment and its execution shall
not exceed one month.
Article 126
When an internee is awarded a further disciplinary The provisions of Articles 71 to 76 inclusive shall
punishment, a period of at least three days shall apply, by analogy, to proceedings against
elapse between the execution of any two of the internees who are in the national territory of the
punishments, if the duration of one of these is ten Detaining Power.
days or more.
A record of disciplinary punishments shall be
maintained by the commandant of the place of CHAPTER X
internment and shall be open to inspection by
representatives of the Protecting Power. Transfers of Internees

Internees shall not in any case be transferred to
The transfer of internees shall always be effected
penitentiary establishments (prisons,
humanely. As a general rule, it shall be carried out
penitentiaries, convict prisons, etc.) to undergo
by rail or other means of transport, and under
disciplinary punishment therein.
conditions at least equal to those obtaining for the
The premises in which disciplinary punishments forces of the Detaining Power in their changes of
are undergone shall conform to sanitary station. If, as an exceptional measure, such
requirements: they shall in particular be provided removals have to be effected on foot, they may
with adequate bedding. Internees undergoing not take place unless the internees are in a fit state
punishment shall be enabled to keep themselves in of health, and may not in any case expose them to
a state of cleanliness. excessive fatigue.
Women internees undergoing disciplinary The Detaining Power shall supply internees
punishment shall be confined in separate quarters during transfer with drinking water and food
from male internees and shall be under the sufficient in quantity, quality and variety to
immediate supervision of women. maintain them in good health, and also with the
necessary clothing, adequate shelter and the
necessary medical attention. The Detaining Power
- 26 –
shall take all suitable precautions to ensure their CHAPTER XI
safety during transfer, and shall establish before
their departure a complete list of all internees
transferred.
Deaths
Sick, wounded or infirm internees and maternity
cases shall not be transferred if the journey would Article 129
be seriously detrimental to them, unless their
safety imperatively so demands. The wills of internees shall be received for safe-
If the combat zone draws close to a place of keeping by the responsible authorities; and if the
internment, the internees in the said place shall event of the death of an internee his will shall be
not be transferred unless their removal can be transmitted without delay to a person whom he
carried out in adequate conditions of safety, or has previously designated.
unless they are exposed to greater risks by Deaths of internees shall be certified in every case
remaining on the spot than by being transferred. by a doctor, and a death certificate shall be made
When making decisions regarding the transfer of out, showing the causes of death and the
internees, the Detaining Power shall take their conditions under which it occurred.
interests into account and, in particular, shall not An official record of the death, duly registered,
do anything to increase the difficulties of shall be drawn up in accordance with the
repatriating them or returning them to their own procedure relating thereto in force in the territory
homes. where the place of internment is situated, and a
duly certified copy of such record shall be
transmitted without delay to the Protecting Power
Article 128 as well as to the Central Agency referred to in
In the event of transfer, internees shall be Article 140.
officially advised of their departure and of their
new postal address. Such notification shall be Article 130
given in time for them to pack their luggage and
inform their next of kin. The detaining authorities shall ensure that
They shall be allowed to take with them their internees who die while interned are honourably
personal effects, and the correspondence and buried, if possible according to the rites of the
parcels which have arrived for them. The weight religion to which they belonged and that their
of such baggage may be limited if the conditions graves are respected, properly maintained, and
of transfer so require, but in no case to less than marked in such a way that they can always be
twenty-five kilograms per internee. recognized.
Mail and parcels addressed to their former place Deceased internees shall be buried in individual
of internment shall be forwarded to them without graves unless unavoidable circumstances require
delay. the use of collective graves. Bodies may be
cremated only for imperative reasons of hygiene,
The commandant of the place of internment shall on account of the religion of the deceased or in
take, in agreement with the Internee Committee, accordance with his expressed wish to this effect.
any measures needed to ensure the transport of the In case of cremation, the fact shall be stated and
internees’ community property and of the luggage the reasons given in the death certificate of the
the internees are unable to take with them in deceased. The ashes shall be retained for safe-
consequence of restrictions imposed by virtue of keeping by the detaining authorities and shall be
the second paragraph. transferred as soon as possible to the next of kin
on their request.
As soon as circumstances permit, and not later
than the close of hostilities, the Detaining Power
shall forward lists of graves of deceased internees
to the Powers on whom deceased internees
depended, through the Information Bureaux
provided for in Article 136. Such lists shall
include all particulars necessary for the
- 27 –
identification of the deceased internees, as well as apply to internees who have been previously
the exact location of their graves. sentenced to a punishment depriving them of
liberty.
Article 131 By agreement between the Detaining Power and
the Powers concerned, committees may be set up
Every death or serious injury of an internee, after the close of hostilities, or of the occupation
caused or suspected to have been caused by a of territories, to search for dispersed internees.
sentry, another internee or any other person, as
well as any death the cause of which is unknown,
shall be immediately followed by an official
Article 134
enquiry by the Detaining Power. The High Contracting Parties shall endeavour,
A communication on this subject shall be sent upon the Repatriation close of hostilities or
immediately to the Protecting Power. The occupation, to ensure the return of all internees to
evidence of any witnesses shall be taken, and a their last place of residence, or to facilitate their
report including such evidence shall be prepared residence repatriation.
and forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more Article 135
persons, the Detaining Power shall take all
necessary steps to ensure the prosecution of the The Detaining Power shall bear the expense of
person or persons responsible. returning released internees to the places where
they were residing when interned, or, if it took
them into custody while they were in transit or on
CHAPTER XII the high seas, the cost of completing their journey
or of their return to their point of departure.
Release, Repatriation and Where a Detaining Power refuses permission to
Accommodation in Neutral Countries reside in its territory to a released internee who
previously had his permanent domicile therein,
such Detaining Power shall pay the cost of the
Article 132 said internee’s repatriation. If, however, the
internee elects to return to his country on his own
Each interned person shall be released by the responsibility or in obedience to the Government
Detaining Power as soon as the reasons which of the Power to which he owes allegiance, the
necessitated his internment no longer exist. Detaining Power need not pay the expenses of his
journey beyond the point of his departure from its
The Parties to the conflict shall, moreover,
territory. The Detaining Power need not pay the
endeavour during the course of hostilities, to
cost of repatriation of an internee who was
conclude agreements for the release, the
interned at his own request.
repatriation, the return to places of residence or
the accommodation in a neutral country of certain If internees are transferred in accordance with
classes of internees, in particular children, Article 45, the transferring and receiving Powers
pregnant women and mothers with infants and shall agree on the portion of the above costs to be
young children, wounded and sick, and internees borne by each.
who have been detained for a long time. The foregoing shall not prejudice such special
agreements as may be concluded between Parties
Article 133 to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
Internment shall cease as soon as possible after
the close of hostilities.
Internees in the territory of a Party to the conflict
against whom penal proceedings are pending for
offences not exclusively subject to disciplinary
penalties, may be detained until the close of such
proceedings and, if circumstances require, until
the completion of the penalty. The same shall
- 28 –
SECTION V as to make it possible to identify the protected
person exactly and to advise his next of kin
Information Bureaux and Central quickly. The information in respect of each person
shall include at least his surname, first names,
Agency
place and date of birth, nationality last residence
and distinguishing characteristics, the first name
of the father and the maiden name of the mother,
Article 136 the date, place and nature of the action taken with
Upon the outbreak of a conflict and in all cases of regard to the individual, the address at which
occupation, each of the Parties to the conflict shall correspondence may be sent to him and the name
establish an official Information Bureau and address of the person to be informed.
responsible for receiving and transmitting Likewise, information regarding the state of
information in respect of the protected persons health of internees who are seriously ill or
who are in its power. seriously wounded shall be supplied regularly and
Each of the Parties to the conflict shall, within the if possible every week.
shortest possible period, give its Bureau
information of any measure taken by it concerning Article 139
any protected persons who are kept in custody for
more than two weeks, who are subjected to Each national Information Bureau shall,
assigned residence or who are interned. It shall, furthermore, be responsible for collecting all
furthermore, require its various departments personal valuables left by protected persons
concerned with such matters to provide the mentioned in Article 136, in particular those who
aforesaid Bureau promptly with information have been repatriated or released, or who have
concerning all changes pertaining to these escaped or died; it shall forward the said valuables
protected persons, as, for example, transfers, to those concerned, either direct, or, if necessary,
releases, repatriations, escapes, admittances to through the Central Agency. Such articles shall be
hospitals, births and deaths. sent by the Bureau in sealed packets which shall
be accompanied by statements giving clear and
full identity particulars of the person to whom the
Article 137 articles belonged, and by a complete list of the
Each national Bureau shall immediately forward contents of the parcel. Detailed records shall be
information concerning protected persons by the maintained of the receipt and despatch of all such
most rapid means to the Powers in whose territory valuables.
they resided, through the intermediary of the
Protecting Powers and likewise through the Article 140
Central Agency provided for in Article 140. The
Bureaux shall also reply to all enquiries which A Central Information Agency for protected
may be received regarding protected persons. persons, in particular for internees, shall be
Information Bureaux shall transmit information created in a neutral country. The International
concerning a protected person unless its Committee of the Red Cross shall, if it deems
transmission might be detrimental to the person necessary, propose to the Powers concerned the
concerned or to his or her relatives. Even in such a organization of such an Agency, which may be
case, the information may not be withheld from the same as that provided for in Article 123 of the
the Central Agency which, upon being notified of Geneva Convention relative to the Treatment of
the circumstances, will take the necessary Prisoners of War of 12 August 1949.
precautions indicated in Article 140. The function of the Agency shall be to collect all
All communications in writing made by any information of the type set forth in Article 136
Bureau shall be authenticated by a signature or a which it may obtain through official or private
seal. channels and to transmit it as rapidly as possible
to the countries of origin or of residence of the
persons concerned, except in cases where such
Article 138 transmissions might be detrimental to the persons
whom the said information concerns, or to their
The information received by the national Bureau relatives. It shall receive from the Parties to the
and transmitted by it shall be of such a character
- 29 –
conflict all reasonable facilities for effecting such allowed to carry out their activities in its territory
transmissions. and under its supervision, on condition, however,
The High Contracting Parties, and in particular that such limitation shall not hinder the supply of
those whose nationals benefit by the services of effective and adequate relief to all protected
the Central Agency, are requested to give the said persons.
Agency the financial aid it may require. The special position of the International
The foregoing provisions shall in no way be Committee of the Red Cross in this field shall be
interpreted as restricting the humanitarian recognized and respected at all times.
activities of the International Committee of the
Red Cross and of the relief Societies described in Article 143
Article 142.
Representatives or delegates of the Protecting
Powers shall have permission to go to all places
Article 141 where protected persons are, particularly to places
The national Information Bureaux and the Central of internment, detention and work.
Information Agency shall enjoy free postage for They shall have access to all premises occupied
all mail, likewise the exemptions provided for in by protected persons and shall be able to
Article 110, and further, so far as possible, interview the latter without witnesses, personally
exemption from telegraphic charges or, at least, or through an interpreter.
greatly reduced rates. Such visits may not be prohibited except for
reasons of imperative military necessity, and then
only as an exceptional and temporary measure.
PART IV Their duration and frequency shall not be
restricted.
EXECUTION OF THE Such representatives and delegates shall have full
liberty to select the places they wish to visit. The
CONVENTION Detaining or Occupying Power, the Protecting
Power and when occasion arises the Power of
origin of the persons to be visited, may agree that
SECTION I compatriots of the internees shall be permitted to
participate in the visits.
General Provisions The delegates of the International Committee of
the Red Cross shall also enjoy the above
prerogatives. The appointment of such delegates
Article 142 shall be submitted to the approval of the Power
Subject to the measures which the Detaining governing the territories where they will carry out
Powers may consider essential to ensure their their duties.
security or to meet any other reasonable need, the
representatives of religious organizations, relief Article 144
societies, or any other organizations assisting the
protected persons, shall receive from these The High Contracting Parties undertake, in time
Powers, for themselves or their duly accredited of peace as in time of war, to disseminate the text
agents, all facilities for visiting the protected of the present Convention as widely as possible in
persons, for distributing relief supplies and their respective countries, and, in particular, to
material from any source, intended for include the study thereof in their programmes of
educational, recreational or religious purposes, or military and, if possible, civil instruction, so that
for assisting them in organizing their leisure time the principles thereof may become known to the
within the places of internment. Such societies or entire population.
organizations may be constituted in the territory Any civilian, military, police or other authorities,
of the Detaining Power, or in any other country, who in time of war assume responsibilities in
or they may have an international character. respect of protected persons, must possess the text
The Detaining Power may limit the number of of the Convention and be specially instructed as to
societies and organizations whose delegates are its provisions.
- 30 –
Article 145 property, not justified by military necessity and
carried out unlawfully and wantonly.
The High Contracting Parties shall communicate
to one another through the Swiss Federal Council
and, during hostilities, through the Protecting Article 148
Powers, the official translations of the present No High Contracting Party shall be allowed to
Convention, as well as the laws and regulations absolve itself or any other High Contracting Party
which they may adopt to ensure the application of any liability incurred by itself or by another
thereof. High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 146
The High Contracting Parties undertake to enact Article 149
any legislation necessary to provide effective At the request of a Party to the conflict, an
penal sanctions for persons committing, or enquiry shall be instituted, in a manner to be
ordering to be committed, any of the grave decided between the interested Parties, concerning
breaches of the present Convention defined in the any alleged violation of the Convention.
following Article.
If agreement has not been reached concerning the
Each High Contracting Party shall be under the procedure for the enquiry, the Parties should agree
obligation to search for persons alleged to have on the choice of an umpire who will decide upon
committed, or to have ordered to be committed, the procedure to be followed.
such grave breaches, and shall bring such persons,
regardless of their nationality, before its own Once the violation has been established, the
courts. It may also, if it prefers, and in accordance Parties to the conflict shall put an end to it and
with the provisions of its own legislation, hand shall repress it with the least possible delay.
such persons over for trial to another High
Contracting Party concerned, provided such High
Contracting Party has made out a prima facie SECTION II
case.
Final Provisions
Each High Contracting Party shall take measures
necessary for the suppression of all acts contrary
to the provisions of the present Convention other Article 150
than the grave breaches defined in the following
Article. The present Convention is established in English
In all circumstances, the accused persons shall and in French. Both texts are equally authentic.
benefit by safeguards of proper trial and defence, The Swiss Federal Council shall arrange for
which shall not be less favourable than those official translations of the Convention to be made
provided by Article 105 and those following of in the Russian and Spanish languages.
the Geneva Convention relative to the Treatment
of Prisoners of War of 12 August 1949. Article
147. Grave breaches to which the preceding Article 151
Article relates shall be those involving any of the
The present Convention, which bears the date of
following acts, if committed against persons or
this day, is open to signature until 12 February
property protected by the present Convention:
1950, in the name of the Powers represented at the
wilful killing, torture or inhuman treatment,
Conference which opened at Geneva on 21 April
including biological experiments, wilfully causing
1949.
great suffering or serious injury to body or health,
unlawful deportation or transfer or unlawful
confinement of a protected person, compelling a Article 152
protected person to serve in the forces of a hostile
Power, or wilfully depriving a protected person of The present Convention shall be ratified as soon
the rights of fair and regular trial prescribed in the as possible and the ratifications shall be deposited
present Convention, taking of hostages and at Berne.
extensive destruction and appropriation of
- 31 –
A record shall be drawn up of the deposit of each method any ratifications or accessions received
instrument of ratification and certified copies of from Parties to the conflict.
this record shall be transmitted by the Swiss
Federal Council to all the Powers in whose name
the Convention has been signed, or whose
Article 158
accession has been notified. Each of the High Contracting Parties shall be at
liberty to denounce the present Convention.
Article 153 The denunciation shall be notified in writing to
the Swiss Federal Council, which shall transmit it
The present Convention shall come into force six to the Governments of all the High Contracting
months after not less than two instruments of Parties.
ratification have been deposited.
The denunciation shall take effect one year after
Thereafter, it shall come into force for each High the notification thereof has been made to the
Contracting Party six months after the deposit of Swiss Federal Council. However, a denunciation
the instrument of ratification. of which notification has been made at a time
when the denouncing Power is involved in a
Article 154 conflict shall not take effect until peace has been
concluded, and until after operations connected
In the relations between the Powers who are with release, repatriation and re-establishment of
bound by the Hague Conventions respecting the the persons protected by the present Convention
Laws and Customs of War on Land, whether that have been terminated.
of 29 July 1899, or that of 18 October 1907, and The denunciation shall have effect only in respect
who are parties to the present Convention, this last of the denouncing Power. It shall in no way
Convention shall be supplementary to Sections II impair the obligations which the Parties to the
and III of the Regulations annexed to the above- conflict shall remain bound to fulfil by virtue of
mentioned Conventions of The Hague. the principles of the law of nations, as they result
from the usages established among civilized
Article 155 peoples, from the laws of humanity and the
dictates of the public conscience.
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
Article 159
Convention. The Swiss Federal Council shall register the
present Convention with the Secretariat of the
Article 156 United Nations. The Swiss Federal Council shall
also inform the Secretariat of the United Nations
Accessions shall be notified in writing to the of all ratifications, accessions and denunciations
Swiss Federal Council, and shall take effect six received by it with respect to the present
months after the date on which they are received. Convention.
The Swiss Federal Council shall communicate the In witness whereof the undersigned, having
accessions to all the Powers in whose name the deposited their respective full powers, have signed
Convention has been signed, or whose accession the present Convention.
has been notified. Done at Geneva this twelfth day of August 1949,
in the English and French languages. The original
Article 157 shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall
The situations provided for in Articles 2 and 3 transmit certified copies thereof to each of the
shall effective immediate effect to ratifications signatory and acceding States.
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
- 32 –
ANNEX I (d) they shall not be situated in areas which,
according to every probability, may become
important for the conduct of the war.
Draft Agreement Relating to Hospital
and Safety Zones and Localities
Article 5
Article 1 Hospital and safety zones shall be subject to the

following obligations:
Hospital and safety zones shall be strictly reserved (a) the lines of communication and means of
for the persons mentioned in Article 23 of the transport which they possess shall not be used for
Geneva Convention for the Amelioration of the the transport of military personnel or material,
Condition of the Wounded and Sick in Armed even in transit
Forces in the Field of 12 August 1949, and in
(b) they shall in no case be defended by
Article 14 of the Geneva Convention relative to
military means.
the Protection of Civilian Persons in Time of War
of 12 August 1949, and for the personnel
entrusted with the organization and administration Article 6
of these zones and localities, and with the care of
the persons therein assembled. Hospital and safety zones shall be marked by
means of oblique red bands on a white ground,
Nevertheless, persons whose permanent residence
placed on the buildings and outer precincts.
is within such zones shall have the right to stay
there. Zones reserved exclusively for the wounded and
sick may be marked by means of the Red Cross
(Red Crescent, Red Lion and Sun) emblem on a
Article 2 white ground.
No persons residing, in whatever capacity, in a They may be similarly marked at night by means
hospital and safety zone shall perform any work, of appropriate illumination.
either within or without the zone, directly
connected with military operations or the Article 7
production of war material.
The Powers shall communicate to all the High
Article 3 Contracting Parties in peacetime or on the
outbreak of hostilities, a list of the hospital and
The Power establishing a hospital and safety zone safety zones in the territories governed by them.
shall take all necessary measures to prohibit They shall also give notice of any new zones set
access to all persons who have no right of up during hostilities.
residence or entry therein. As soon as the adverse party has received the
above-mentioned notification, the zone shall be
Article 4 regularly established.
If, however, the adverse party considers that the
Hospital and safety zones shall fulfil the following conditions of the present agreement have not been
conditions: fulfilled, it may refuse to recognize the zone by
(a) they shall comprise only a small part of giving immediate notice thereof to the Party
the territory governed by the Power which has responsible for the said zone, or may make its
established them recognition of such zone dependent upon the
institution of the control provided for in Article 8.
(b) they shall be thinly populated in relation
to the possibilities of accommodation
(c) they shall be far removed and free from Article 8
all military objectives, or large industrial or
Any Power having recognized one or several
administrative establishments
hospital and safety zones instituted by the adverse
Party shall be entitled to demand control by one or
more Special Commissions, for the purpose of
- 33 –
ascertaining if the zones fulfil the conditions and Article 13
obligations stipulated in the present agreement.
For this purpose, members of the Special The present agreement shall also apply to
Commissions shall at all times have free access to localities which the Powers may utilize for the
the various zones and may even reside there same purposes as hospital and safety zones.
permanently. They shall be given all facilities for
their duties of inspection.
ANNEX II
Article 9 Draft Regulations concerning
Should the Special Commissions note any facts Collective Relief
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 Article 1
these facts, and shall fix a time limit of five days
within which the matter should be rectified. They The Internee Committees shall be allowed to
shall duly notify the Power which has recognized distribute collective relief shipments for which
the zone. they are responsible to all internees who are
dependent for administration on the said
If, when the time limit has expired, the Power Committee’s place of internment, including those
governing the zone has not complied with the internees who are in hospitals, or in prison or
warning, the adverse Party may declare that it is other penitentiary establishments.
no longer bound by the present agreement in
respect of the said zone.
Article 2
Article 10 The distribution of collective relief shipments
shall be effected in accordance with the
Any Power setting up one or more hospital and instructions of the donors and with a plan drawn
safety zones, and the adverse Parties to whom up by the Internee Committees. The issue of
their existence has been notified, shall nominate medical stores shall, however, be made for
or have nominated by the Protecting Powers or by preference in agreement with the senior medical
other neutral Powers, persons eligible to be officers, and the latter may, in hospitals and
members of the Special Commissions mentioned infirmaries, waive the said instructions, if the
in Articles 8 and 9. needs of their patients so demand. Within the
limits thus defined, the distribution shall always
Article 11 be carried out equitably.
In no circumstances may hospital and safety zones

be the object of attack. They shall be protected Article 3
and respected at all times by the Parties to the Members of Internee Committees shall be allowed
conflict. to go to the railway stations or other points of
arrival of relief supplies near their places of
Article 12 internment so as to enable them to verify the
quantity as well as the quality of the goods
In the case of occupation of a territory, the received and to make out detailed reports thereon
hospital and safety zones therein shall continue to for the donors.
be respected and utilized as such.
Their purpose may, however, be modified by the Article 4
Occupying Power, on condition that all measures
are taken to ensure the safety of the persons Internee Committees shall be given the facilities
accommodated. necessary for verifying whether the distribution of
collective relief in all subdivisions and annexes of
their places of internment has been carried out in
accordance with their instructions.
- 34 –
Article 5 Article 7
Internee Committees shall be allowed to The High Contracting Parties, and the Detaining
complete, and to cause to be completed by Powers in particular, shall, so far as is in any way
members of the Internee Committees in labour possible and subject to the regulations governing
detachments or by the senior medical officers of the food supply of the population, authorize
infirmaries and hospitals, forms or questionnaires purchases of goods to be made in their territories
intended for the donors, relating to collective for the distribution of collective relief to the
relief supplies (distribution, requirements, internees. They shall likewise facilitate the
quantities, etc.). Such forms and questionnaires, transfer of funds and other financial measures of a
duly completed, shall be forwarded to the donors technical or administrative nature taken for the
without delay. purpose of making such purchases.
Article 6 Article 8
In order to secure the regular distribution of The foregoing provisions shall not constitute an
collective relief supplies to the internees in their obstacle to the right of internees to receive
place of internment, and to meet any needs that collective relief before their arrival in a place of
may arise through the arrival of fresh parties of internment or in the course of their transfer, nor to
internees, the Internee Committees shall be the possibility of representatives of the Protecting
allowed to create and maintain sufficient reserve Power, or of the International Committee of the
stocks of collective relief. For this purpose, they Red Cross or any other humanitarian organization
shall have suitable warehouses at their disposal; giving assistance to internees and responsible for
each warehouse shall be provided with two locks, forwarding such supplies, ensuring the
the Internee Committee holding the keys of one distribution thereof to the recipients by any other
lock, and the commandant of the place of means they may deem suitable.
internment the keys of the other.
[ANNEX III, illustrations of Internment Card
, Letter, and Correspondence Card, not included]
- 35 –

Geneva Convention IV

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Geneva Convention IV

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GENEVA CONVENTION (IV) RELATIVE TO THE

PROTECTION OF CIVILIAN PERSONS IN TIME OF

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference

one of the High Contracting Parties, each Party to

(GENEVA CONVENTION IV)

The censoring of correspondence addressed to

Article 113 Subject to the provisions of the present Chapter,

Article 124 Article 127

Article 1 Hospital and safety zones shall be subject to the

In no circumstances may hospital and safety zones

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