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КАРТОЧКА ДЛЯ КОРРЕСПОНДЕНЦИИ
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* * *
Подписывая Конвенцию о защите гражданского населения во время
войны, Правительство Союза Советских Социалистических Республик
считает нужным заявить следующее:
Несмотря на то, что настоящая Конвенция не распространяется на
гражданское население, находящееся вне оккупированной противником
территории, в силу чего она не вполне отвечает требованиям
гуманности, Советская делегация, признавая, что Конвенция идет
навстречу интересам защиты гражданского населения на
оккупированной территории и в некоторых других случаях, заявляет,
что она уполномочена Правительством СССР подписать настоящую
Конвенцию со следующими оговорками:
По ст. 11 - "СССР не будет признавать законным обращение
державы, во власти которой находятся покровительствуемые лица, к
нейтральному государству или гуманитарной организации с просьбой
принять на себя функции, выполняемые державой - покровительницей,
если на это не имеется согласия правительства страны, гражданами
которой являются покровительствуемые лица".
По ст. 45 - "СССР не будет считать законным освобождение
державы, передавшей находившихся в ее власти покровительствуемых
лиц другой державе, от ответственности за соблюдение Конвенции в
отношении переданных лиц на время, пока они находятся на попечении
державы, которая согласилась их принять".
GENEVA CONVENTION
RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS
IN TIME OF WAR
(Geneva, 12.VIII.1949)
Preamble
The undersigned Plenipotentiaries of the Governments
represented at the Diplomatic Conference held at Geneva from
April 21 to August 12, 1949, for the purpose of establishing a
Convention for the Protection of Civilian Persons in Time of War,
have agreed as follows:
PART I. GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to
ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in
peacetime, the present Convention shall apply to all cases of
declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or
total occupation of the territory of a High Contracting Party,
even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to
the present Convention, the Powers who are parties thereto shall
remain bound by it in their mutual relations. They shall
furthermore be bound by the Convention in relation to the said
Power, if the latter accepts and applies the provisions thereof.
Article 3
In the case of armed conflict not of an international
character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to
apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever with respect to
the above-mentioned persons:
(a) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular humiliating
and degrading treatment;
(d) The passing of sentences and the carrying out of
executions without previous judgment pronounced by a regularly
constituted court, affording all the judicial guarantees which are
recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties
to the conflict.
The Parties to the conflict should further endeavour to bring
into force, by means of special agreements, all or part of the
other provisions of the present Convention.
The application of the preceding provisions shall not affect
the legal status of the Parties to the conflict.
Article 4
Persons protected by the Convention are those who, at a given
moment and in any manner whatsoever, find themselves, in case of a
conflict or occupation, in the hands of a Party to the conflict or
Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are
not protected by it. Nationals of a neutral State who find
themselves in the territory of a belligerent State, and nationals
of a co-belligerent State, shall not be regarded as protected
persons while the State of which they are nationals has normal
diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application,
as defined in Article 13.
Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, or by the Geneva
Convention for the Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea of August 12, 1949,
or by the Geneva Convention relative to the Treatment of Prisoners
of War of August 12, 1949, shall not be considered as protected
persons within the meaning of the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter
is satisfied that an individual protected person is definitely
suspected of or engaged in activities hostile to the security of
the State, such individual person shall not be entitled to claim
such rights and privileges under the present Convention as would,
if exercised in the favour of such individual person, be
prejudicial to the security of such State.
Where in occupied territory an individual protected person is
detained as a spy or saboteur, or as a person under definite
suspicion of activity hostile to the security of the Occupying
Power, such person shall, in those cases where absolute military
security so requires, be regarded as having forfeited rights of
communication under the present Convention.
In each case, such persons shall nevertheless be treated with
humanity, and in case of trial, shall 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 of a protected person under the present Convention at
the earliest date consistent with the security of the State or
Occupying Power, as the case may be.
Article 6
The present Convention shall apply from the outset of any
conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application
of the present Convention shall cease on the general close of
military operations.
In the case of occupied territory, the application of the
present Convention shall cease one year after the general close of
military operations; however, the Occupying Power shall be bound,
for the duration of the occupation, to the extent that such Power
exercises the functions of government in such territory, by the
provisions of the following Articles of the present Convention: 1
to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77 and 143.
Protected persons whose release, repatriation or
re-establishment may take place after such dates shall meanwhile
continue to benefit by the present Convention.
Article 7
In addition to the agreements expressly provided for in
Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High
Contracting Parties may conclude other special agreements for all
matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect
the situation of protected persons, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of
the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce in part or
in entirety the rights secured to them by the present Convention,
and by the special agreements referred to in the foregoing
Article, if such there be.
Article 9
The present Convention shall be applied with the cooperation
and under the scrutiny of the Protecting Powers whose duty it is
to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest
extent possible the task of the representatives or delegates of
the Protecting Powers.
The representatives or delegates of the Protecting Powers
shall not in any case exceed their mission under the present
Convention. They shall, in particular, take account of the
imperative necessities of security of the State wherein they carry
out their duties.
Article 10
The provisions of the present Convention constitute no
obstacle to the humanitarian activities which the International
Committee of the Red Cross or any other impartial humanitarian
organization may, subject to the consent of the Parties to the
conflict concerned, undertake for the protection of civilian
persons and for their relief.
Article 11
The High Contracting Parties may at any time agree to entrust
to an international organization which offers all guarantees of
impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When persons protected by the present Convention do not
benefit or cease to benefit, no matter for what reason, by the
activities of a Protecting Power or of an organization provided
for in the first paragraph above, the Detaining Power shall
request a neutral State, or such an organization, to undertake the
functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of
this Article, the offer of the services of a humanitarian
organization, such as the International Committee of the Red
Cross, to assume the humanitarian functions performed by
Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power
concerned or offering itself for these purposes, shall be required
to act with a sense of responsibility towards the Party to the
conflict on which persons protected by the present Convention
depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions
and to discharge them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or
its allies by reason of military events, more particularly where
the whole, or a substantial part, of the territory of the said
Power is occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.
The provisions of this Article shall extend and be adapted to
cases of nationals of a neutral State who are in occupied
territory or who find themselves in the territory of a belligerent
State in which the State of which they are nationals has not
normal diplomatic representation.
Article 12
In cases where they deem it advisable in the interest of
protected persons, particularly in cases of disagreement between
the Parties to the conflict as to the application or
interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to
settling the disagreement.
For this purpose, each of the Protecting Powers may, either at
the invitation of one Party or on its own initiative, propose to
the Parties to the conflict a meeting of their representatives,
and in particular of the authorities responsible for protected
persons, possibly on neutral territory suitably chosen. The
Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers
may, if necessary, propose for approval by the Parties to the
conflict a person belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who shall be invited to
take part in such a meeting.
PART II. GENERAL PROTECTION OF POPULATIONS AGAINST
CERTAIN CONSEQUENCES OF WAR
Article 13
The provisions of Part II cover the whole of the populations
of the countries in conflict, without any adverse distinction
based, in particular, on race, nationality, religion or political
opinion, and are intended to alleviate the sufferings caused by
war.
Article 14
In time of peace, the High Contracting Parties and, after the
outbreak of hostilities, the Parties thereto, may establish in
their own territory and, if the need arises, in occupied areas,
hospital and safety zones and localities so organized as to
protect from the effects of war, wounded, sick and aged persons,
children under fifteen, expectant mothers and mothers of children
under seven.
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recognition of
the zones and localities they have created. They may for this
purpose implement the provisions of the Draft Agreement annexed to
the present Convention, with such amendments as they may consider
necessary.
The Protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to
facilitate the institution and recognition of these hospital and
safety zones and localities.
Article 15
Any Party to the conflict may, either direct or through a
neutral State or some humanitarian organization, propose to the
adverse Party to establish, in the regions where fighting is
taking place, neutralized zones intended to shelter from the
effects of war the following persons, without distinction:
(a) Wounded and sick combatants or non-combatants;
(b) Civilian persons who take no part in hostilities, and who,
while they reside in the zones, perform no work of a military
character.
When the Parties concerned have agreed upon the geographical
position, administration, food supply and supervision of the
proposed neutralized zone, a written agreement shall be concluded
and signed 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 16
The wounded and sick, as well as the infirm, and expectant
mothers, shall be the object of particular protection and respect.
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 shipwrecked and other persons exposed
to grave danger, and to protect them against pillage and
ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local
agreements for the removal from besieged or encircled areas, of
wounded, sick, infirm, and aged persons, children and maternity
cases, and for the passage of ministers of all religions, medical
personnel and medical equipment on their way to such areas.
Article 18
Civilian hospitals organized to give care to the wounded and
sick, the infirm and maternity cases, may in no circumstances be
the object of attack, but shall at all times be respected and
protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all
civilian hospitals with certificates showing that they are
civilian hospitals and that the buildings which they occupy are
not used for any purpose which would deprive these hospitals of
protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem
provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, but only if so authorized
by the State.
The Parties to the conflict shall, in so far as military
considerations permit, take the necessary steps to make the
distinctive emblems indicating civilian hospitals clearly visible
to the enemy land, air and naval forces in order to obviate the
possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by
being close to military objectives, it is recommended that such
hospitals be situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall
not cease unless they are used to commit, outside their
humanitarian duties, acts harmful to the enemy. Protection may,
however, cease only after due warning has been given, naming, in
all appropriate cases, a reasonable time limit, and after such
warning has remained unheeded.
The fact that sick or wounded members of the armed forces are
nursed in these hospitals, or the presence of small arms and
ammunition taken from such combatants which have not yet been
handed to the proper service, shall not be considered to be acts
harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and
administration of civilian hospitals, including the personnel
engaged in the search for, removal and transporting of and caring
for wounded and sick civilians, the infirm and maternity cases,
shall be respected and protected.
In occupied territory and in zones of military operations, the
above personnel shall be recognizable by means of an identity card
certifying their status, bearing the photograph of the holder and
embossed with the stamp of the responsible authority, and also by
means of a stamped, water-resistant armlet which they shall wear
on the left arm while carrying out their duties. This armlet shall
be issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Other personnel who are engaged in the operation and
administration of civilian hospitals shall be entitled to respect
and protection and to wear the armlet, as provided in and under
the conditions prescribed in this Article, while they are employed
on such duties. The identity card shall state the duties on which
they are employed.
The management of each hospital shall at all times hold at the
disposal of the competent national or occupying authorities an
up-to-date list of such personnel.
Article 21
Convoys of vehicles or hospital trains on land or specially
provided vessels on sea, conveying wounded and sick civilians, the
infirm and maternity cases, shall be respected and protected in
the same manner as the hospitals provided for in Article 18, and
shall be marked, with the consent of the State, by the display of
the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of August 12, 1949.
Article 22
Aircraft exclusively employed for the removal of wounded and
sick civilians, the infirm and maternity cases, or for the
transport of medical personnel and equipment, shall not be
attacked, but shall be respected while flying at heights, times
and on routes specifically agreed upon between all the Parties to
the conflict concerned.
They may be marked with the distinctive emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Such aircraft shall obey every summons to land. In the event
of a landing thus imposed, the aircraft with its occupants may
continue its flight after examination, if any.
Article 23
Each High Contracting Party shall allow the free passage of
all consignments of medical and hospital stores and objects
necessary for religious worship intended only for civilians of
another High Contracting Party, even if the latter is its
adversary. It shall likewise permit the free passage of all
consignments of essential foodstuffs, clothing and tonics intended
for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free
passage of the consignments indicated in the preceding paragraph
is subject to the condition that this Party is satisfied that
there are no serious reasons for fearing:
(a) That the consignments may be diverted from their
destination;
(b) That the control may not be effective, or
(c) That a definite advantage may accrue to the military
efforts or economy of the enemy through the substitution of the
above-mentioned consignments for goods which would otherwise be
provided or produced by the enemy or through the release of such
material, services or facilities as would otherwise be required
for the production of such goods.
The Power which allows the passage of the consignments
indicated in the first paragraph of this Article may make such
permission conditional on the distribution to the persons
benefited thereby being made under the local supervision of the
Protecting Powers.
Such consignments shall be forwarded as rapidly as possible,
and the Power which permits their free passage shall have the
right to prescribe the technical arrangements under which such
passage is allowed.
Article 24
The Parties to the conflict shall take the necessary 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 Protecting Power, if any, and
under due safeguards for the observance of the principles stated
in the first paragraph.
They shall, furthermore, endeavour to arrange for all children
under twelve to be identified by the wearing of identity discs, or
by some other means.
Article 25
All persons in the territory of a Party to the conflict, or in
a territory occupied by it, shall be enabled to give news of a
strictly personal nature to members of their families, wherever
they may be, and to receive news from them. This correspondence
shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or
impossible to exchange family correspondence by the ordinary post,
the Parties to the conflict concerned shall apply to a neutral
intermediary, such as the Central Agency provided for in
Article 140, and shall decide in consultation with it how to
ensure the fulfilment of their obligations under the best possible
conditions, in particular with the cooperation of the National Red
Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict
family correspondence, such restrictions shall be confined to the
compulsory use of standard forms containing twenty-five freely
chosen words, and to the limitation of the number of these forms
despatched to one each month.
Article 26
Each Party to the conflict shall facilitate enquiries 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 encourage, in particular, the work of organizations engaged
on this task provided they are acceptable to it and conform to its
security regulations.
PART III. STATUS AND TREATMENT OF PROTECTED PERSONS
Section I
PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to
respect for their persons, their honour, their family rights,
their religious convictions and practices, and their manners and
customs. They shall at all times be humanely treated, and shall be
protected especially against all acts of violence or threats
thereof and against insults and public curiosity.
Women shall be especially protected against any attack on
their honour, in particular against rape, enforced prostitution,
or any form of indecent assault.
Without prejudice to the provisions relating to their state of
health, age and sex, all protected persons shall be treated with
the same consideration by the Party to the conflict in whose power
they are, without any adverse distinction based, in particular, on
race, religion or political opinion.
However, the Parties to the conflict may take such measures of
control and security in regard to protected persons as may be
necessary as a result of the war.
Article 28
The presence of a protected person may not be used to render
certain points or areas immune from military operations.
Article 29
The Party to the conflict in whose hands protected persons may
be is responsible for the treatment accorded to them by its
agents, irrespective of any individual responsibility which may be
incurred.
Article 30
Protected persons shall have every facility for making
application to the Protecting Powers, the 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.
These several organizations shall be granted all facilities
for that purpose by the authorities, within the bounds set by
military or security considerations.
Apart from the visits of the delegates of the Protecting
Powers and of the International Committee of the Red Cross,
provided for by Article 143, the Detaining or Occupying Powers
shall facilitate as much as possible visits to protected persons
by the representatives of other organizations whose object is to
give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against
protected persons, in particular to obtain information from them
or from third parties.
Article 32
The High Contracting Parties specifically agree that each of
them is prohibited from taking any measure of such a character as
to cause the physical suffering or extermination of protected
persons in their hands. This prohibition applies not only to
murder, torture, corporal punishments, mutilation and medical or
scientific experiments not necessitated by the medical treatment
of a protected person, but also to any other measures of brutality
whether applied by civilian or military agents.
Article 33
No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and likewise
all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are
prohibited.
Article 34
The taking of hostages is prohibited.
Section II
ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
Article 35
All protected persons who may desire to leave the territory at
the outset of, or during a conflict, shall be entitled to do so,
unless their departure is contrary to the national interests of
the State. The applications of such persons to leave shall be
decided in accordance with regularly established procedures and
the decision shall be taken as rapidly as possible. Those persons
permitted to leave may provide themselves with the necessary funds
for their journey and take with them a reasonable amount of their
effects and articles of personal use.
If any such person is refused permission to leave the
territory, he shall be entitled to have refusal reconsidered as
soon as possible by an appropriate court or administrative board
designated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall,
unless reasons of security prevent it, or the persons concerned
object, be furnished with the reasons for refusal of any request
for permission to leave the territory and be given, as
expeditiously as possible, the names of all persons who have been
denied permission to leave.
Article 36
Departures permitted under the foregoing Article shall be
carried out in satisfactory conditions as regards safety, hygiene,
sanitation and food. All costs in connection therewith, from the
point of exit in the territory of the Detaining Power, shall be
borne by the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose nationals
are benefited. The practical details of such movements may, if
necessary, be settled by special agreements between the Powers
concerned.
The foregoing shall not prejudice such special agreements as
may be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
Article 37
Protected persons who are confined pending proceedings or
serving a sentence involving loss of liberty shall during their
confinement be humanely treated.
As soon as they are released, they may ask to leave the
territory in conformity with the foregoing Articles.
Article 38
With the exception of special measures authorized by the
present Convention, in particular by Article 27 and 41 thereof,
the situation of protected persons shall continue to be regulated,
in principle, by the provisions concerning aliens in time of
peace. In any case, the following rights shall be granted to them:
1. They shall be enabled to receive the individual or
collective relief that may be sent to them.
2. They shall, if their state of health so requires, receive
medical attention and hospital treatment to the same extent as the
nationals of the State concerned.
3. They shall be allowed to practise their religion and to
receive spiritual assistance from ministers of their faith.
4. If they reside in an area particularly exposed to the
dangers of war, they shall be authorized to move from that area to
the same extent as the nationals of the State concerned.
5. Children under fifteen years, pregnant women and mothers
of children under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the State
concerned.
Article 39
Protected persons who, as a result of the war, have lost their
gainful employment, shall be granted the opportunity to find paid
employment. That opportunity shall, subject to security
considerations and to the provisions of Article 40, be equal to
that enjoyed by the nationals of the Power in whose territory they
are.
Where a Party to the conflict applies to a protected person
methods of control which result in his being unable to support
himself, and especially if such a person is prevented for reasons
of security from finding paid employment on reasonable conditions,
the said Party shall ensure his support and that of his
dependents.
Protected persons may in any case receive allowances from
their home country, the Protecting Power, or the relief societies
referred to in Article 30.
Article 40
Protected persons may be compelled to work only to the same
extent as nationals of the Party to the conflict in whose
territory they are.
If protected persons are of enemy nationality, they may only
be compelled to do work which is normally necessary to ensure the
feeding, sheltering, clothing, transport and health of human
beings and which is not directly related to the conduct of
military operations.
In the cases mentioned in the two preceding paragraphs,
protected persons compelled to work shall have the benefit of the
same working conditions and of the same safeguards as national
workers, in particular as regards wages, hours of labour, clothing
and equipment, previous training and compensation for occupational
accidents and diseases.
If the above provisions are infringed, protected persons shall
be allowed to exercise their right of complaint in accordance with
Article 30.
Article 41
Should the Power in whose hands protected persons may be
consider the measures of control mentioned in the present
Convention to be inadequate, it may not have recourse to any other
measure of control more severe than that of assigned residence or
internment, in accordance with the provisions of Articles 42 and
43.
In applying the provisions of Article 39, second paragraph, to
the cases of persons required to leave their usual places of
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