Законы России
 
Навигация
Популярное в сети
Курсы валют
29.08.2014
USD
36.31
EUR
47.95
CNY
5.91
JPY
0.35
GBP
60.22
TRY
16.81
PLN
11.4
 

ЖЕНЕВСКАЯ КОНВЕНЦИЯ ОТ 12 АВГУСТА 1949 ГОДА ОБ ОБРАЩЕНИИ С ВОЕННОПЛЕННЫМИ (ЖЕНЕВА, 12 АВГУСТА 1949 ГОДА)

По состоянию на ноябрь 2007 года
Стр. 8
 
   they shall be entitled to receive and despatch correspondence,  to
   receive at least  one  relief  parcel  monthly,  to  take  regular
   exercise  in  the  open air,  to have the medical care required by
   their state of health,  and  the  spiritual  assistance  they  may
   desire.  Penalties  to  which  they  may  be subjected shall be in
   accordance with the provisions of Article 87, third paragraph.

                   PART IV. TERMINATION OF CAPTIVITY

                               Section I

                 DIRECT REPATRIATION AND ACCOMMODATION
                          IN NEUTRAL COUNTRIES

                              Article 109

       Subject to  the  provisions  of  the  third  paragraph of this
   Article,  Parties to the conflict are bound to send back to  their
   own country,  regardless of number or rank,  seriously wounded and
   seriously sick prisoners of war, after having cared for them until
   they are fit to travel,  in accordance with the first paragraph of
   the following Article.
       Throughout the   duration   of  hostilities,  Parties  to  the
   conflict shall endeavour,  with the  cooperation  of  the  neutral
   Powers  concerned,  to  make arrangements for the accommodation in
   neutral countries  of  the  sick  and  wounded  prisoners  of  war
   referred to in the second paragraph of the following Article. They
   may,  in addition,  conclude agreements with a view to the  direct
   repatriation  or  internment  in  a neutral country of able-bodied
   prisoners of war who have undergone a long period of captivity.
       No sick  or  injured  prisoner  of  war  who  is  eligible for
   repatriation under the first paragraph of  this  Article,  may  be
   repatriated against his will during hostilities.

                              Article 110

       The following shall be repatriated direct:
       1. Incurably wounded and sick whose mental or physical fitness
   seems to have been gravely diminished.
       2. Wounded and sick who, according to medical opinion, are not
   likely  to  recover  within  one  year,  whose  condition requires
   treatment and whose mental or physical fitness seems to have  been
   gravely diminished.
       3. Wounded and sick who have recovered,  but whose mental  or
   physical  fitness  seems  to  have  been  gravely  and permanently
   diminished.
       The following may be accommodated in a neutral country:
       1. Wounded and sick whose recovery may be expected within  one
   year of the date of the wound or the beginning of the illness,  if
   treatment in a neutral country might increase the prospects  of  a
   more certain and speedy recovery.
       2. Prisoners   of   war  whose  mental  or  physical  health,
   according to medical opinion, is seriously threatened by continued
   captivity,  but  whose  accommodation  in  a neutral country might
   remove such a threat.
       The conditions  which  prisoners  of  war  accommodated  in  a
   neutral country must fulfil in order to permit their  repatriation
   shall  be  fixed,  as  shall  likewise their status,  by agreement
   between the Powers concerned.  In general,  prisoners of  war  who
   have been accommodated in a neutral country, and who belong to the
   following categories, should be repatriated:
       1. Those  whose  state  of  health  has deteriorated so as to
   fulfil the condition laid down for direct repatriation;
       2. Those  whose mental or physical powers remain,  even after
   treatment, considerably impaired.
       If no  special agreements are concluded between the Parties to
   the conflict concerned,  to determine the cases of disablement  or
   sickness  entailing  direct  repatriation  or  accommodation  in a
   neutral country,  such cases shall be settled in  accordance  with
   the  principles laid down in the Model Agreement concerning direct
   repatriation and accommodation in neutral countries of wounded and
   sick  prisoners  of  war  and  in the Regulations concerning Mixed
   Medical Commissions annexed to the present Convention.

                              Article 111

       The Detaining Power,  the Power on which the prisoners of  war
   depend, and a neutral Power agreed upon by these two Powers, shall
   endeavour to conclude agreements which will  enable  prisoners  of
   war  to  be  interned  in  the territory of the said neutral Power
   until the close of hostilities.

                              Article 112

       Upon the outbreak of hostilities,  Mixed  Medical  Commissions
   shall  be  appointed to examine sick and wounded prisoners of war,
   and  to  make  all  appropriate  decisions  regarding  them.   The
   appointment,  duties and functioning of these Commissions shall be
   in conformity with the provisions of the  Regulations  annexed  to
   the present Convention.
       However, prisoners of war who,  in the opinion of the  medical
   authorities  of  the  Detaining  Power,  are  manifestly seriously
   injured or seriously sick, may be repatriated without having to be
   examined by a Mixed Medical Commission.

                              Article 113

       Besides those who are designated by the medical authorities of
   the Detaining Power, wounded or sick prisoners of war belonging to
   the   categories   listed  below  shall  be  entitled  to  present
   themselves  for  examination  by  the  Mixed  Medical  Commissions
   provided for in the foregoing Article:
       1. Wounded and sick proposed by a physician or surgeon who is
   of the same nationality,  or a national of a Party to the conflict
   allied with the Power on which the said prisoners depend,  and who
   exercises his functions in the camp.
       2. Wounded   and   sick   proposed   by    their    prisoners'
   representative.
       3. Wounded  and  sick  proposed  by  the  Power  on which they
   depend,  or by an organization duly recognized by the  said  Power
   and giving assistance to the prisoners.
       Prisoners of war who  do  not  belong  to  one  of  the  three
   foregoing  categories  may  nevertheless  present  themselves  for
   examination by Mixed Medical Commissions,  but shall  be  examined
   only after those belonging to the said categories.
       The physician  or  surgeon  of  the  same  nationality  as the
   prisoners who present themselves  for  examination  by  the  Mixed
   Medical Commission,  likewise the prisoners' representative of the
   said prisoners,  shall  have  permission  to  be  present  at  the
   examination.

                              Article 114

       Prisoners of  war  who  meet with accidents shall,  unless the
   injury is self-inflicted, have the benefit of  the  provisions  of
   this  Convention  as  regards  repatriation  or accommodation in a
   neutral country.

                              Article 115

       No prisoner of war on whom a disciplinary punishment has  been
   imposed  and who is eligible for repatriation or for accommodation
   in a neutral country, may be kept back on the plea that he has not
   undergone his punishment.
       Prisoners of  war  detained  in  connection  with  a  judicial
   prosecution or conviction and who are designated for  repatriation
   or  accommodation  in  a  neutral  country,  may  benefit  by such
   measures before the end of the proceedings or  the  completion  of
   the punishment, if the Detaining Power consents.
       Parties to  the  conflict  shall communicate to each other the
   names of  those  who  will  be  detained  until  the  end  of  the
   proceedings or the completion of the punishment.

                              Article 116

       The cost  of  repatriating prisoners of war or of transporting
   them to a neutral country shall be borne,  from the  frontiers  of
   the  Detaining  Power,  by  the  Power on which the said prisoners
   depend.

                              Article 117

       No repatriated person  may  be  employed  on  active  military
   service.

                               Section II

          RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE
                          CLOSE OF HOSTILITIES

                              Article 118

       Prisoners of war shall be  released  and  repatriated  without
   delay after the cessation of active hostilities.
       In the absence of stipulations to  the  above  effect  in  any
   agreement  concluded  between  the  Parties to the conflict with a
   view  to  the  cessation  of  hostilities,  or  failing  any  such
   agreement, each of the Detaining Powers shall itself establish and
   execute without delay a plan of repatriation  in  conformity  with
   the principle laid down in the foregoing paragraph.
       In either case,  the measures adopted shall be brought to  the
   knowledge of the prisoners of war.
       The costs of repatriation of prisoners of  war  shall  in  all
   cases be equitably apportioned between the Detaining Power and the
   Power on which the prisoners depend.  This apportionment shall  be
   carried out on the following basis:
       (a) If the two Powers are contiguous,  the Power on which  the
   prisoners  of war depend shall bear the costs of repatriation from
   the frontiers of the Detaining Power.
       (b) If the two Powers are not contiguous,  the Detaining Power
   shall bear the costs of transport of prisoners of war over its own
   territory  as  far  as  its  frontier  or  its port of embarkation
   nearest to the territory of the Power on which  the  prisoners  of
   war  depend.  The Parties concerned shall agree between themselves
   as to the equitable apportionment of the remaining  costs  of  the
   repatriation.  The  conclusion  of  this  agreement  shall  in  no
   circumstances  justify  any  delay  in  the  repatriation  of  the
   prisoners of war.

                              Article 119

       Repatriation shall  be effected in conditions similar to those
   laid down in Articles 46 to 48 inclusive of the present Convention
   for  the  transfer  of  prisoners  of  war,  having  regard to the
   provisions  of  Article  118  and  to  those  of   the   following
   paragraphs.
       On repatriation,  any  articles  of   value   impounded   from
   prisoners of war under Article 18,  and any foreign currency which
   has not been converted into the currency of the  Detaining  Power,
   shall be restored to them.  Articles of value and foreign currency
   which,  for any reason whatever,  are not restored to prisoners of
   war on repatriation, shall be despatched to the Information Bureau
   set up under Article 122.
       Prisoners of  war  shall  be  allowed  to take with them their
   personal effects,  and any correspondence and parcels  which  have
   arrived  for them.  The weight of such baggage may be limited,  if
   the conditions of repatriation so require,  to what each  prisoner
   can  reasonably  carry.  Each  prisoner  shall  in  all  cases  be
   authorized to carry at least twenty-five kilograms.
       The other  personal  effects of the repatriated prisoner shall
   be left in the charge of the Detaining Power which shall have them
   forwarded  to him as soon as it has concluded an agreement to this
   effect,  regulating the conditions of transport and the payment of
   the costs involved, with the Power on which the prisoner depends.
       Prisoners of war against  whom  criminal  proceedings  for  an
   indictable  offence  are  pending may be detained until the end of
   such proceedings,  and,  if necessary, until the completion of the
   punishment.  The  same  shall  apply  to  prisoners of war already
   convicted for an indictable offence.
       Parties to  the  conflict  shall communicate to each other the
   names of any prisoners of war who are detained until  the  end  of
   the proceedings or until punishment has been completed.
       By agreement between the Parties to the conflict,  commissions
   shall  be  established  for the purpose of searching for dispersed
   prisoners of war and of assuring their repatriation with the least
   possible delay.

                              Section III

                       DEATH OF PRISONERS OF WAR

                              Article 120

       Wills of  prisoners  of war shall be drawn up so as to satisfy
   the conditions of validity required by the  legislation  of  their
   country  of origin,  which will take steps to inform the Detaining
   Power of its requirements in this respect.  At the request of  the
   prisoner of war and,  in all cases, after death, the will shall be
   transmitted without delay to the  Protecting  Power;  a  certified
   copy shall be sent to the Central Agency.
       Death certificates,  in  the  form  annexed  to  the   present
   Convention,  or  lists certified by a responsible officer,  of all
   persons who die as prisoners of war shall be forwarded as  rapidly
   as  possible to the Prisoner of War Information Bureau established
   in  accordance  with  Article  122.  The  death  certificates   or
   certified  lists  shall show particulars of identity as set out in
   the third paragraph of Article 17,  and also the date and place of
   death,  the  cause of death,  the date and place of burial and all
   particulars necessary to identify the graves.
       The burial or cremation of a prisoner of war shall be preceded
   by a medical examination of the body with  a  view  to  confirming
   death  and  enabling  a  report  to be made and,  where necessary,
   establishing identity.
       The detaining  authorities  shall ensure that prisoners of war
   who have died in captivity  are  honourably  buried,  if  possible
   according to the rites of the religion to which they belonged, and
   that their graves are respected, suitably maintained and marked so
   as to be found at any time.  Wherever possible, deceased prisoners
   of war who depended on the same Power shall  be  interred  in  the
   same place.
       Deceased prisoners of war shall be buried in individual graves
   unless  unavoidable  circumstances  require  the use of collective
   graves.  Bodies may be cremated only  for  imperative  reasons  of
   hygiene,  on  account  of  the  religion  of  the  deceased  or in
   accordance with his express  wish  to  this  effect.  In  case  of
   cremation,  the  fact shall be stated and the reasons given in the
   death certificate of the deceased.
       In order  that graves may always be found,  all particulars of
   burials and graves shall be recorded with  a  Graves  Registration
   Service  established  by the Detaining Power.  Lists of graves and
   particulars of the prisoners of war  interred  in  cemeteries  and
   elsewhere  shall  be  transmitted  to  the  Power  on  which  such
   prisoners of war depended.  Responsibility for the care  of  these
   graves and for records of any subsequent moves of the bodies shall
   rest on the Power controlling the territory,  if a  Party  to  the
   present  Convention.  These  provisions  shall  also  apply to the
   ashes,  which shall be kept by  the  Graves  Registration  Service
   until proper disposal thereof in accordance with the wishes of the
   home country.

                              Article 121

       Every death or serious injury of a prisoner of war  caused  or
   suspected  to  have  been caused by a sentry,  another prisoner of
   war,  or any other person, as well as any death the cause of which
   is  unknown,  shall be immediately followed by an official enquiry
   by the Detaining Power.
       A communication  on  this subject shall be sent immediately to
   the Protecting Power.  Statements shall be taken  from  witnesses,
   especially  from  those  who  are  prisoners of war,  and a report
   including such statements shall be  forwarded  to  the  Protecting
   Power.
       If the enquiry indicates the guilt of one or more persons, the
   Detaining Power shall take all measures for the prosecution of the
   person or persons responsible.

            PART V. INFORMATION BUREAUX AND RELIEF SOCIETIES
                          FOR PRISONERS OF WAR

                              Article 122

       Upon the   outbreak   of  a  conflict  and  in  all  cases  of
   occupation, each of the Parties to the conflict shall institute an
   official  Information  Bureau  for prisoners of war who are in its
   power.  Neutral or non-belligerent Powers who  may  have  received
   within  their territory persons belonging to one of the categories
   referred to in Article 4,  shall take the same action with respect
   to  such  persons.  The  Power  concerned  shall  ensure  that the
   Prisoners of War Information Bureau is provided with the necessary
   accommodation,   equipment  and  staff  to  ensure  its  efficient
   working. It shall be at liberty to employ prisoners of war in such
   a  Bureau  under  the  conditions  laid down in the Section of the
   present Convention dealing with work by prisoners of war.
       Within the  shortest  possible period,  each of the Parties to
   the conflict shall give its Bureau the information referred to  in
   the  fourth,  fifth and sixth paragraphs of this Article regarding
   any enemy person belonging to one of the categories referred to in
   Article   4,   who   has   fallen   into  its  power.  Neutral  or
   non-belligerent Powers shall take the same action with  regard  to
   persons  belonging  to  such  categories  whom  they have received
   within their territory.
       The Bureau  shall  immediately forward such information by the
   most rapid means to the Powers concerned, through the intermediary
   of  the  Protecting  Powers  and  likewise  of  the Central Agency
   provided for in Article 123.
       This information  shall make it possible quickly to advise the
   next of kin concerned.  Subject to the provisions of  Article  17,
   the  information  shall  include,  in  so  far as available to the
   Information Bureau,  in respect  of  each  prisoner  of  war,  his
   surname,  first names,  rank, army, regimental, personal or serial
   number,  place and full date of birth,  indication of the Power on
   which he depends,  first name of the father and maiden name of the
   mother,  name and address of the person to  be  informed  and  the
   address to which correspondence for the prisoner may be sent.
       The Information  Bureau  shall  receive   from   the   various
   departments  concerned information regarding transfers,  releases,
   repatriations,  escapes,  admissions to hospital,  and deaths, and
   shall  transmit  such  information  in the manner described in the
   third paragraph above.
       Likewise, information   regarding   the  state  of  health  of
   prisoners of war who are seriously ill or seriously wounded  shall
   be supplied regularly, every week if possible.
       The Information Bureau shall also be responsible for  replying
   to all enquiries sent to it concerning prisoners of war, including
   those who have died in  captivity;  it  will  make  any  enquiries
   necessary  to obtain the information which is asked for if this is
   not in its possession.
       All written   communications  made  by  the  Bureau  shall  be
   authenticated by a signature or a seal.
       The Information  Bureau  shall  furthermore  be  charged  with
   collecting all personal valuables,  including sums  in  currencies
   other than that of the Detaining Power and documents of importance
   to the next of kin,  left  by  prisoners  of  war  who  have  been
   repatriated  or released,  or who have escaped or died,  and shall
   forward the said valuables to the Powers concerned.  Such articles
   shall  be  sent  by  the  Bureau  in sealed packets which shall be
   accompanied by statements giving clear and full particulars of the
   identity  of  the  person to whom the articles belonged,  and by a
   complete list of  the  contents  of  the  parcel.  Other  personal
   effects  of  such  prisoners  of  war  shall  be transmitted under
   arrangements agreed upon  between  the  Parties  to  the  conflict
   concerned.

                              Article 123

       A Central Prisoners of War Information Agency shall be created
   in a neutral country. The International Committee of the Red Cross
   shall,  if it deems necessary, propose to the Powers concerned the
   organization of such an Agency.
       The function  of  the  Agency  shall  be  to  collect  all the
   information it may obtain through  official  or  private  channels
   respecting  prisoners  of  war,  and  to transmit it as rapidly as
   possible to the country of origin of the prisoners of  war  or  to
   the Power on which they depend.  It shall receive from the Parties
   to the conflict all facilities for effecting such transmissions.
       The High  Contracting  Parties,  and in particular those whose
   nationals benefit by the  services  of  the  Central  Agency,  are
   requested  to  give  the  said  Agency  the  financial  aid it may
   require.
       The foregoing  provisions  shall  in  no way be interpreted as
   restricting  the  humanitarian  activities  of  the  International
   Committee  of  the Red Cross,  or of the relief societies provided
   for in Article 125.

                              Article 124

       The national Information Bureaux and the  Central  Information
   Agency  shall  enjoy  free  postage  for  mail,  likewise  all the
   exemptions provided for in Article 74,  and  further,  so  far  as
   possible, exemption from telegraphic charges or, at least, greatly
   reduced rates.

                              Article 125

       Subject to  the  measures  which  the  Detaining  Powers   may
   consider  essential  to ensure their security or to meet any other
   reasonable need,  the representatives of religious  organizations,
   relief societies, or any other organization assisting prisoners of
   war,  shall receive from the said Powers, for themselves and their
   duly accredited agents,  all necessary facilities for visiting the
   prisoners, for distributing relief supplies and material, from any
   source,   intended   for   religious,  educational  or  recreative
   purposes,  and for assisting them in organizing their leisure time
   within   the   camps.  Such  societies  or  organizations  may  be
   constituted in the territory of the  Detaining  Power  or  in  any
   other country, or they may have an international character.
       The Detaining Power may limit  the  number  of  societies  and
   organizations  whose  delegates  are  allowed  to  carry out their
   activities  in  its  territory  and  under  its  supervision,   on
   condition,  however,  that  such  limitation  shall not hinder the
   effective operation of adequate relief to all prisoners of war.
       The special position of the International Committee of the Red
   Cross in this field shall  be  recognized  and  respected  at  all
   times.
       As soon as  relief  supplies  or  material  intended  for  the
   above-mentioned  purposes are handed over to prisoners of war,  or
   very shortly afterwards,  receipts for each consignment, signed by
   the  prisoners'  representative,  shall be forwarded to the relief
   society or organization making the shipment.  At  the  same  time,
   receipts   for   these  consignments  shall  be  supplied  by  the
   administrative authorities responsible for guarding the prisoners.

                  PART VI. EXECUTION OF THE CONVENTION

                               Section I

                           GENERAL PROVISIONS

                              Article 126

       Representatives or delegates of the  Protecting  Powers  shall
   have permission to go to all places where prisoners of war may be,
   particularly to places of internment, imprisonment and labour, and
   shall  have  access  to all premises occupied by prisoners of war;
   they shall also be allowed to  go  to  the  places  of  departure,
   passage  and arrival of prisoners who are being transferred.  They
   shall be able to interview the prisoners,  and in  particular  the
   prisoners' representatives,  without witnesses,  either personally
   or through an interpreter.
       Representatives and  delegates  of the Protecting Powers shall
   have full liberty to select the places they  wish  to  visit.  The
   duration  and  frequency  of these visits shall not be restricted.
   Visits may not be prohibited  except  for  reasons  of  imperative
   military necessity,  and then only as an exceptional and temporary
   measure.
       The Detaining  Power and the Power on which the said prisoners
   of war depend may agree,  if necessary,  that compatriots of these
   prisoners of war be permitted to participate in the visits.
       The delegates of the International Committee of the Red  Cross
   shall  enjoy  the  same  prerogatives.  The  appointment  of  such
   delegates  shall  be  submitted  to  the  approval  of  the  Power
   detaining the prisoners of war to be visited.

                              Article 127

       The High Contracting Parties undertake, in time of peace as in
   time of war,  to disseminate the text of the present Convention as
   widely   as  possible  in  their  respective  countries,  and,  in
   particular,  to include the study thereof in their  programmes  of
   military   and,  if  possible,  civil  instruction,  so  that  the
   principles thereof may become known to all their armed forces  and
   to the entire population.
       Any military or other authorities,  who in time of war  assume
   responsibilities in respect of prisoners of war,  must possess the
   text of the Convention and  be  specially  instructed  as  to  its
   provisions.

                              Article 128

       The High  Contracting Parties shall communicate to one another
   through the Swiss Federal Council and, during hostilities, through
   the  Protecting  Powers,  the official translations of the present
   Convention,  as well as the laws and regulations  which  they  may
   adopt to ensure the application thereof.

                              Article 129

       The High   Contracting   Parties   undertake   to   enact  any
   legislation necessary to provide  effective  penal  sanctions  for
   persons committing,  or ordering to be committed, any of the grave
   breaches of  the  present  Convention  defined  in  the  following
   Article.
       Each High Contracting Party shall be under the  obligation  to
   search  for persons alleged to have committed,  or to have ordered
   to be  committed,  such  grave  breaches,  and  shall  bring  such
   persons,  regardless of their nationality,  before its own courts.
   It may also,  if it prefers, and in accordance with the provisions
   of  its  own  legislation,  hand  such  persons  over for trial to
   another High  Contracting  Party  concerned,  provided  such  High
   Contracting Party has made out a prima facie case.
       Each High Contracting Party shall take measures necessary  for
   the  suppression  of  all  acts  contrary to the provisions of the
   present Convention other than the grave breaches  defined  in  the
   following Article.
       In all circumstances,  the accused persons  shall  benefit  by
   safeguards  of  proper trial and defence,  which shall not be less
   favourable than those provided by Article 105 and those  following
   of the present Convention.

                              Article 130

       Grave breaches to which the preceding Article relates shall be
   those involving any of the following acts,  if  committed  against
   persons  or property protected by the Convention:  wilful killing,
   torture or inhuman treatment,  including  biological  experiments,
   wilfully  causing  great  suffering  or  serious injury to body or
   health, compelling a prisoner of war to serve in the forces of the
   hostile  Power,  or  wilfully  depriving  a prisoner of war of the
   rights of fair and regular trial prescribed in this Convention.

                              Article 131

       No High Contracting Party shall be allowed to  absolve  itself
   or  any  other High Contracting Party of any liability incurred by
   itself or by another High Contracting Party in respect of breaches
   referred to in the preceding Article.

                              Article 132

       At the request of a Party to the conflict, an enquiry shall be
   instituted,  in a manner to  be  decided  between  the  interested
   Parties, concerning any alleged violation of the Convention.
       If agreement has not been reached concerning the procedure for
   the  enquiry,  the Parties should agree on the choice of an umpire
   who will decide upon the procedure to be followed.
       Once the  violation  has been established,  the Parties to the
   conflict shall put an end to it and  shall  repress  it  with  the
   least possible delay.

                               Section II

                            FINAL PROVISIONS

                              Article 133

       The present  Convention  is  established  in  English  and  in
   French. Both texts are equally authentic.
       The Swiss   Federal   Council   shall   arrange  for  official
   translations of the Convention to  be  made  in  the  Russian  and
   Spanish languages.

                              Article 134

       The present Convention replaces the  Convention  of  27  July,
   1929, in relations between the High Contracting Parties.

                              Article 135

       In the relations between the Powers which  are  bound  by  the
   Hague  Convention  respecting the Laws and Customs of War on Land,
   whether that of July 29,  1899,  or that of October 18,  1907, and
   which are parties to the present Convention,  this last Convention
   shall be complementary to Chapter II of the Regulations annexed to
   the above-mentioned Conventions of the Hague.

                              Article 136

       The present Convention,  which bears the date of this day,  is
   open to signature until February 12,  1950,  in the  name  of  the
   Powers  represented  at  the  Conference which opened at Geneva on
   April 21,  1949;  furthermore,  by Powers not represented at  that
   Conference,  but  which  are parties to the Convention of July 27,
   1929.

                              Article 137

       The present Convention shall be ratified as soon  as  possible
   and the ratifications shall be deposited at Berne.
       A record shall be drawn up of the deposit of  each  instrument
   of  ratification  and  certified  copies  of  this record shall be
   transmitted by the Swiss Federal Council  to  all  the  Powers  in
   whose name the Convention has been signed,  or whose accession has
   been notified.

                              Article 138

       The present Convention shall come into force six months  after
   not less than two instruments of ratification have been deposited.
       Thereafter, it shall come into force for each High Contracting
   Party   six   months  after  the  deposit  of  the  instrument  of
   ratification.

                              Article 139

       From the date of its coming into force,  it shall be  open  to
   any  Power  in  whose  name  the  present  Convention has not been
   signed, to accede to this Convention.

                              Article 140

       Accessions shall be notified in writing to the  Swiss  Federal
   Council,  and shall take effect six months after the date on which
   they are received.
       The Swiss  Federal Council shall communicate the accessions to
   all the Powers in whose name the Convention has  been  signed,  or
   whose accession has been notified.

                              Article 141

       The situations  provided  for  in  Articles 2 and 3 shall give
   immediate  effect  to  ratifications  deposited   and   accessions
   notified  by  the  Parties  to  the  conflict  before or after the
   beginning of hostilities or occupation.  The Swiss Federal Council
   shall  communicate  by  the  quickest  method any ratifications or
   accessions received from Parties to the conflict.

                              Article 142

       Each of the High Contracting Parties shall be  at  liberty  to
   denounce the present Convention.
       The denunciation shall be notified in  writing  to  the  Swiss
   Federal Council, which shall transmit it to the Governments of all
   the High Contracting Parties.
       The denunciation   shall   take  effect  one  year  after  the
   notification thereof has been made to the Swiss  Federal  Council.
   However,  a  denunciation of which notification has been made at a
   time when the denouncing Power is involved in a conflict shall not
   take  effect  until  peace  has  been  concluded,  and until after
   operations connected with release and repatriation of the  persons
   protected by the present Convention have been terminated.
       The denunciation shall have effect  only  in  respect  of  the
   denouncing Power.  It shall in no way impair the obligations which
   the Parties to the conflict shall remain bound to fulfil by virtue
   of  the principles of the law of nations,  as they result from the
   usages established among  civilized  peoples,  from  the  laws  of
   humanity and the dictates of the public conscience.

                              Article 143

       The Swiss   Federal   Council   shall   register  the  present
   Convention with the Secretariat of the United Nations.  The  Swiss
   Federal  Council  shall  also inform the Secretariat of the United
   Nations  of  all  ratifications,  accessions   and   denunciations
   received by it with respect to the present Convention.
       In witness whereof the  undersigned,  having  deposited  their
   respective full powers, have signed the present Convention.

       Done at Geneva this twelfth day of August 1949, in the English
   and French languages.  The original  shall  be  deposited  in  the
   Archives  of  the  Swiss Confederation.  The Swiss Federal Council
   shall transmit certified copies thereof to each of  the  signatory
   and acceding States.






                                                              Annex I

                            MODEL AGREEMENT
            CONCERNING DIRECT REPATRIATION AND ACCOMMODATION
       IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR

                           (see Article 110)

               I. PRINCIPLES FOR DIRECT REPATRIATION AND
                   ACCOMMODATION IN NEUTRAL COUNTRIES

       A. Direct repatriation
       The following shall be repatriated direct:
       1. All   prisoners   of   war  suffering  from  the  following
   disabilities as the result of trauma:  loss of a limb,  paralysis,
   articular or other disabilities,  when this disability is at least
   the loss of a hand or a foot,  or the equivalent of the loss of  a
   hand or a foot.
       Without prejudice  to  a  more  generous  interpretation,  the
   following  shall be considered as equivalent to the loss of a hand
   or a foot:
           (a) Loss of a hand or of all the fingers,  or of the thumb
       and forefinger of one hand; loss of a foot, or of all the toes
       and metatarsals of one foot.
           (b) Ankylosis,  loss  of   osseous   tissue,   cicatricial
       contracture  preventing  the  functioning  of one of the large
       articulations or of all the digital joints of one hand.
           (c) Pseudarthrosis of the long bones.
           (d) Deformities due to  fracture  or  other  injury  which
       seriously interfere with function and weight-bearing power.
       2. All wounded prisoners of war  whose  condition  has  become
   chronic,   to   the  extent  that  prognosis  appears  to  exclude
   recovery  - in  spite of treatment - within one year from the date
   of the injury, as, for example, in case of:
           (a) Projectile in the heart,  even if  the  Mixed  Medical
       Commission should fail,  at the time of their examination,  to
       detect any serious disorders.
           (b) Metallic  splinter in the brain or the lungs,  even if
       the  Mixed  Medical  Commission  cannot,  at   the   time   of
       examination, detect any local or general reaction.
           (c) Osteomyelitis, when recovery cannot be foreseen in the
       course  of  the  year  following  the injury,  and which seems
       likely to result in ankylosis of a joint, or other impairments
       equivalent to the loss of a hand or a foot.
           (d) Perforating  and  suppurating  injury  to  the   large
       joints.
           (e) Injury to the skull,  with loss or  shifting  of  bony
       tissue.
           (f) Injury or burning of the face with loss of tissue  and
       functional lesions.
           (g) Injury to the spinal cord.
           (h) Lesion of the peripheral nerves, the sequelae of which
       are equivalent to the loss of a hand or foot,  and the cure of
       which  requires more than a year from the date of injury,  for
       example:  injury to the brachial or lumbosacral plexus  median
       or sciatic nerves,  likewise combined injury to the radial and
       cubital nerves or to the lateral popliteal nerve (N.  peroneus
       communis) and medial popliteal nerve (N.  tibialis);  etc. The
       separate  injury  of  the  radial  (musculo-spiral),  cubital,
       lateral or medial popliteal nerves shall not, however, warrant
       repatriation except in case  of  contractures  or  of  serious
       neurotrophic disturbance.
           (i) Injury to  the  urinary  system,  with  incapacitating
       results.
       3. All sick  prisoners  of  war  whose  condition  has  become
   chronic   to   the   extent   that   prognosis  seems  to  exclude
   recovery - in,  spite of treatment -  within  one  year  from  the
   inception of the disease, as, for example, in case of:
           (a) Progressive tuberculosis of any organ which, according
       to medical prognosis, cannot be cured or at least considerably
       improved by treatment in a neutral country.
           (b) Exudate pleurisy.
           (c) Serious  diseases  of  the   respiratory   organs   of
       non-tubercular  etiology,  presumed  incurable,  for  example:
       serious  pulmonary  emphysema,  with  or  without  bronchitis;
       chronic  asthma <*>;  chronic bronchitis <*> lasting more than
       one year in captivity; bronchiectasis <*>; etc.
           (d) Serious  chronic affections of the circulatory system,
       for example:  valvular lesions and myocarditis <*>, which have
       shown  signs  of  circulatory  failure during captivity,  even
       though the Mixed Medical Commission  cannot  detect  any  such
       signs   at   the   time  of  examination;  affections  of  the
       pericardium and the vessels (Buerger's  disease,  aneurism  of
       the large vessels); etc.
           (e) Serious chronic affections of  the  digestive  organs,
       for  example:  gastric or duodenal ulcer;  sequelae of gastric
       operations  performed   in   captivity;   chronic   gastritis,
       enteritis  or  colitis,  having  lasted more than one year and
       seriously affecting the general condition;  cirrhosis  of  the
       liver; chronic cholecystopathy <*>; etc.
           (f) Serious  chronic  affections  of  the   genito-urinary
       organs,  for  example:  chronic  diseases  of  the kidney with
       consequent disorders;  nephrectomy  because  of  a  tubercular
       kidney;  chronic pyelitis or chronic cystitis;  hydronephrosis
       or  pyonephrosis;  chronic  grave  gynaecological  conditions;
       normal   pregnancy  and  obstetrical  disorder,  where  it  is
       impossible to accommodate in a neutral country; etc.
           (g) Serious chronic diseases of the central and peripheral
       nervous  system,  for  example:  all  obvious  psychoses   and
       psychoneuroses,  such  as serious hysteria,  serious captivity
       psychoneurosis,  etc.,  duly verified by a specialist <*>; any
       epilepsy  duly  verified  by the camp physician <*>;  cerebral
       arteriosclerosis; chronic neuritis lasting more than one year;
       etc.
           (h) Serious  chronic  diseases  of  the   neuro-vegetative
       system,  with  considerable  diminution  of mental or physical
       fitness, noticeable loss of weight and general asthenia.
           (i) Blindness of both eyes,  or of one eye when the vision
       of the other is less than 1 in spite of the use of  corrective
       glasses;  diminution  of  visual  acuity  in cases where it is
       impossible to restore it by correction to an acuity of 1/2  in
       at  least  one  eye  <*>;  other grave ocular affections,  for
       example: glaucoma, iritis, choroiditis; trachoma; etc.
           (k) Auditive disorders, such as total unilateral deafness,
       if the other ear does not discern the ordinary spoken word  at
       a distance of one metre <*>; etc.
           (l) Serious  affections  of   metabolism,   for   example:
       diabetes mellitus requiring insulin treatment; etc.
           (m) Serious  disorders  of  the  endocrine   glands,   for
       example:   thyrotoxicosis;  hypothyrosis;  Addison's  disease;
       Simmonds' cachexia; tetany; etc.
           (n) Grave  and  chronic  disorders  of  the  blood-forming
       organs.
           (o) Serious  cases  of chronic intoxication,  for example:
       lead  poisoning,  mercury  poisoning,  morphinism,  cocainism,
       alcoholism; gas or radiation poisoning; etc.
           (p) Chronic  affections  of   locomotion,   with   obvious
       functional   disorders,   for  example:  arthritis  deformans;
       primary  and  secondary  progressive  chronic   polyarthritis;
       rheumatism with serious clinical symptoms; etc.
           (q) Serious  chronic  skin  diseases,  not   amenable   to
       treatment.
           (r) Any malignant growth.

Новости партнеров
Счетчики
 
Популярное в сети
Реклама
Разное
Rambler's Top100