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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. The evidence of any witnesses shall be
taken, and a report including such evidence shall be prepared and
forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all necessary steps to ensure the
prosecution of the person or persons responsible.
Chapter XII. RELEASE, REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES
Article 132
Each interned person shall be released by the Detaining Power
as soon as the reasons which necessitated his internment no longer
exist.
The Parties to the conflict shall, moreover, endeavour during
the course of hostilities, to conclude agreements for the release,
the repatriation, the return to places of residence or the
accommodation in a neutral country of certain classes of
internees, in particular children, pregnant women and mothers with
infants and young children, wounded and sick, and internees who
have been detained for a long time.
Article 133
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 apply to
internees who have been previously sentenced to a punishment
depriving them of liberty.
By agreement between the Detaining Power and the Powers
concerned, committees may be set up after the close of
hostilities, or of the occupation of territories, to search for
dispersed internees.
Article 134
The High Contracting Parties shall endeavour, upon the close
of hostilities or occupation, to ensure the return of all
internees to their last place of residence, or to facilitate their
repatriation.
Article 135
The Detaining Power shall bear the expense of 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 the high seas, the cost of completing their journey
or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its
territory to a released internee who previously had his permanent
domicile therein, such Detaining Power shall pay the cost of the
said internee's repatriation. If, however, the internee elects to
return to his country on his own responsibility or in obedience to
the Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey beyond
the point of his departure from its territory. The Detaining Power
need not pay the cost of repatriation of an internee who was
interned at his own request.
If internees are transferred in accordance with Article 45,
the transferring and receiving Powers shall agree on the portion
of the above costs to be borne by each.
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.
Section V
INFORMATION BUREAUX AND CENTRAL AGENCY
Article 136
Upon the outbreak of a conflict and in all cases of
occupation, each of the Parties to the conflict shall establish an
official Information Bureau responsible for receiving and
transmitting information in respect of the protected persons who
are in its power.
Each of the Parties to the conflict shall, within the shortest
possible period, give its Bureau information of any measure taken
by it concerning any protected persons who are kept in custody for
more than two weeks, who are subjected to assigned residence or
who are interned. It shall, furthermore, require its various
departments concerned with such matters to provide the aforesaid
Bureau promptly with information concerning all changes pertaining
to these protected persons, as, for example, transfers, releases,
repatriations, escapes, admittances to hospitals, births and
deaths.
Article 137
Each national Bureau shall immediately forward information
concerning protected persons by the most rapid means to the Powers
of whom the aforesaid persons by the most rapid means to the
Powers in whose territory they resided, through the intermediary
of the Protecting Powers and likewise through the Central Agency
provided for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a
protected person unless its transmission might be detrimental to
the person concerned or to his or her relatives. Even in such a
case, the information may not be withheld from the Central Agency
which, upon being notified of the circumstances, will take the
necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be
authenticated by a signature or a seal.
Article 138
The information received by the national Bureau and
transmitted by it shall be of such a character as to make it
possible to identify the protected person exactly and to advise
his next of kin quickly. The information in respect of each person
shall include at least his surname, first names, place and date of
birth, nationality, last residence and distinguishing
characteristics, the first name of the father and the maiden name
of the mother, the date, place and nature of the action taken with
regard to the individual, the address at which correspondence may
be sent to him and the name and address of the person to be
informed.
Likewise, information regarding the state of health of
internees who are seriously ill or seriously wounded shall be
supplied regularly and if possible every week.
Article 139
Each national Information Bureau shall, furthermore, be
responsible for collecting all personal valuables left by
protected persons mentioned in Article 136, in particular those
who have been repatriated or released, or who have escaped or
died; it shall forward the said valuables to those concerned,
either direct, or, if necessary, through the Central Agency. Such
articles shall be 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 articles belonged, and by a
complete list of the contents of the parcel. Detailed records
shall be maintained of the receipt and despatch of all such
valuables.
Article 140
A Central Information Agency for protected persons, in
particular for internees, 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, which may be the same as that provided for in
Article 123 of the Geneva Convention relative to the Treatment of
Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information
of the type set forth in Article 136 which it may obtain through
official or private 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 transmissions might be
detrimental to the persons whom the said information concerns, or
to their relatives. It shall receive from the Parties to the
conflict all reasonable 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 and of the relief Societies described
in Article 142.
Article 141
The national Information Bureaux and the Central Information
Agency shall enjoy free postage for all mail, likewise the
exemptions provided for in Article 110, and further, so far as
possible, exemption from telegraphic charges or, at least, greatly
reduced rates.
PART IV. EXECUTION OF THE CONVENTION
Section I
GENERAL PROVISIONS
Article 142
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 organizations assisting the
protected persons, shall receive from these Powers, for themselves
or their duly accredited agents, all facilities for visiting the
protected persons, for distributing relief supplies and material
from any source, intended for educational, recreational or
religious purposes, or for assisting them in organizing their
leisure time within the places of internment. 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
supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all
times.
Article 143
Representatives or delegates of the Protecting Powers shall
have permission to go to all places where protected persons are,
particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected
persons and shall be able to interview the latter without
witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of
imperative military necessity, and then only as an exceptional and
temporary measure. Their duration and frequency shall not be
restricted.
Such representatives and delegates shall have full liberty to
select the places they wish to visit. The Detaining or Occupying
Power, the Protecting Power and when occasion arises the Power of
origin of the persons to be visited, may agree that compatriots of
the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall also enjoy the above prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power
governing the territories where they will carry out their duties.
Article 144
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 the entire population.
Any civilian, military, police or other authorities, who in
time of war assume responsibilities in respect of protected
persons, must possess the text of the Convention and be specially
instructed as to its provisions.
Article 145
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 146
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 Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
Article 147
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 present Convention: wilful
killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to
body or health, unlawful deportation or transfer or unlawful
confinement of a protected person, compelling a protected person
to serve in the forces of a hostile Power, or wilfully depriving a
protected person of the rights of fair and regular trial
prescribed in the present Convention, taking of hostages and
extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly.
Article 148
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 149
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 150
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 151
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.
Article 152
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 153
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 154
In the relations between the Powers who are bound by the Hague
Conventions respecting the Laws and Customs of War on Land,
whether that of 29 July 1899, or that of 18 October 1907, and who
are parties to the present Convention, this last Convention shall
be supplementary to Sections II and III of the Regulations annexed
to the above-mentioned Conventions of The Hague.
Article 155
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 156
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 157
The situations provided for in Articles 2 and 3 shall
effective 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 158
Each of the High Contracting Parties shall be at liberty to
denounce the present Convention.
The denunciation shall be notified in writing to the Swiss
Federal Council, which shall transmit it to the Governments of all
the High Contracting Parties.
The denunciation shall take effect one year after the
notification thereof has been made to the Swiss Federal Council.
However, a denunciation of which notification has been made at a
time when the denouncing Power is involved in a conflict shall not
take effect until peace has been concluded, and until after
operations connected with the release, repatriation and
re-establishment 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 159
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
DRAFT AGREEMENT
RELATING TO HOSPITAL AND SAFETY ZONES AND LOCALITIES
Article 1
Hospital and safety zones shall be strictly reserved for the
persons mentioned in Article 23 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, and in Article 14 of the
Geneva Convention relative to the Protection of Civilian Persons
in Time of War of August 12, 1949, and for the personnel entrusted
with the organization and administration of these zones and
localities and with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is within such
zones shall have the right to stay there.
Article 2
No persons residing, in whatever capacity, in a hospital and
safety zone shall perform any work, either within or without the
zone, directly connected with military operations or the
production of war material.
Article 3
The Power establishing a hospital and safety zone shall take
all necessary measures to prohibit access to all persons who have
no right of residence or entry therein.
Article 4
Hospital and safety zones shall fulfil the following
conditions:
(a) They shall comprise only a small part of the territory
governed by the Power which has established them.
(b) They shall be thinly populated in relation to the
possibilities of accommodation.
(c) They shall be far removed and free from all military
objectives, or large industrial or administrative establishments.
(d) They shall not be situated in areas which, according to
every probability, may become important for the conduct of the
war.
Article 5
Hospital and safety zones shall be subject to the following
obligations:
(a) the lines of communication and means of transport which
they possess shall not be used for the transport of military
personnel or material, even in transit;
(b) they shall in no case be defended by military means.
Article 6
Hospital and safety zones shall be marked by means of oblique
red bands on a white ground, placed on the buildings and outer
precincts.
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 white ground.
They may be similarly marked at night by means of appropriate
illumination.
Article 7
The Powers shall communicate to all the High Contracting
Parties in peacetime or on the outbreak of hostilities, a list of
the hospital and safety zones in the territories governed by them.
They shall also give notice of any new zones set up during
hostilities.
As soon as the adverse party has received the above-mentioned
notification, the zone shall be regularly established.
If, however, the adverse party considers that the conditions
of the present agreement have not been fulfilled, it may refuse to
recognize the zone by giving immediate notice thereof to the Party
responsible for the said zone, or may make its recognition of such
zone dependent upon the institution of the control provided for in
Article 8.
Article 8
Any Power having recognized one or several 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
ascertaining if the zones fulfil the conditions and obligations
stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at
all times have free access to the various zones and may even
reside there permanently. They shall be given all facilities for
their duties of inspection.
Article 9
Should the Special Commissions note any facts 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 these facts, and shall fix a time limit of five days
within which the matter should be rectified. They shall duly
notify the Power which has recognized the zone.
If, when the time limit has expired, the Power governing the
zone has not complied with the warning, the adverse Party may
declare that it is no longer bound by the present agreement in
respect of the said zone.
Article 10
Any Power setting up one or more hospital and safety zones,
and the adverse Parties to whom their existence has been notified,
shall nominate or have nominated by the Protecting Powers or by
other neutral Powers, persons eligible to be members of the
Special Commissions mentioned in Articles 8 and 9.
Article 11
In no circumstances may hospital and safety zones be the
object of attack. They shall be protected and respected at all
times by the Parties to the conflict.
Article 12
In the case of occupation of a territory, the hospital and
safety zones therein shall continue to be respected and utilized
as such.
Their purpose may, however, be modified by the Occupying
Power, on condition that all measures are taken to ensure the
safety of the persons accommodated.
Article 13
The present agreement shall also apply to localities which the
Powers may utilize for the same purposes as hospital and safety
zones.
Annex II
DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF
Article 1
The Internee Committees shall be allowed to distribute
collective relief shipments for which they are responsible, to all
internees who are dependent for administration on the said
Committee's place of internment, including those internees who are
in hospitals, or in prison or other penitentiary establishments.
Article 2
The distribution of collective relief shipments shall be
effected in accordance with the instructions of the donors and
with a plan drawn up by the Internee Committees. The issue of
medical stores shall, however, be made for preference in agreement
with the senior medical officers, and the latter may, in hospitals
and infirmaries, waive the said instructions, if the needs of
their patients so demand. Within the limits thus defined, the
distribution shall always be carried out equitably.
Article 3
Members of Internee Committees shall be allowed to go to the
railway stations or other points of arrival of relief supplies
near their places of internment so as to enable them to verify the
quantity as well as the quality of the goods received and to make
out detailed reports thereon for the donors.
Article 4
Internee Committees shall be given the facilities 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.
Article 5
Internee Committees shall be allowed to complete, and to cause
to be completed by members of the Internee Committees in labour
detachments or by the senior medical officers of infirmaries and
hospitals, forms or questionnaires intended for the donors,
relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and questionnaires,
duly completed, shall be forwarded to the donors without delay.
Article 6
In order to secure the regular distribution of collective
relief supplies to the internees in their place of internment, and
to meet any needs that may arise through the arrival of fresh
parties of internees, the Internee Committees shall be allowed to
create and maintain sufficient reserve stocks of collective
relief. For this purpose, they shall have suitable warehouses at
their disposal; each warehouse shall be provided with two locks,
the Internee Committee holding the keys of one lock, and the
commandant of the place of internment the keys of the other.
Article 7
The High Contracting Parties, and the Detaining Powers in
particular, shall, so far as is in any way possible and subject to
the regulations governing the food supply of the population,
authorize purchases of goods to be made in their territories for
the distribution of collective relief to the internees. They shall
likewise facilitate the transfer of funds and other financial
measures of a technical or administrative nature taken for the
purpose of making such purchases.
Article 8
The foregoing provisions shall not constitute an obstacle to
the right of internees to receive collective relief before their
arrival in a place of internment or in the course of their
transfer, nor to the possibility of representatives of the
Protecting Power, or of the International Committee of the Red
Cross or any other humanitarian organization giving assistance to
internees and responsible for forwarding such supplies, ensuring
the distribution thereof to the recipients by any other means they
may deem suitable.
Annex III
I. INTERNMENT CARD
1. Front
-----------------------------------------------------------------¬
¦ Civilian internee mail -------------¬ ¦
¦ ---------------------- ¦Postage free¦ ¦
¦ L------------- ¦
¦ ¦
¦ POST CARD ¦
+-------------------------------T--------------------------------+
¦ IMPORTANT ¦ ¦
¦ ¦ ¦
¦ This card must be ¦ CENTRAL INFORMATION AGENCY ¦
¦completed by each internee ¦ FOR PROTECTED PERSONS ¦
¦immediately on being interned ¦ ¦
¦and each time his address is ¦ International Committee ¦
¦altered by reason of transfer ¦ of the Red Cross ¦
¦to another place of ¦ ¦
¦internment or to a hospital. ¦ ¦
¦ This card is not the same ¦ ¦
¦as the special card which ¦ ¦
¦each internee is allowed to ¦ ¦
¦send to his relatives. ¦ ¦
¦ ¦ ¦
L-------------------------------+---------------------------------
2. Reverse side
-----------------------------------------------------------------¬
¦Write legibly and in block letters - 1. Nationality ¦
+----------------------------------------------------------------+
¦2. Surname 3. First names (in full) 4. First name of father ¦
+----------------------------------------------------------------+
¦5. Date of birth 6. Place of birth ¦
¦7. Occupation ¦
¦8. Address before detention ¦
¦9. Address of next of kin ¦
¦ ______________________________________________________________ ¦
+----------------------------------------------------------------+
¦<*> 10. Interned on: ¦
¦ (or) ¦
¦ Coming from (hospital, etc.) on: ¦
¦<*> 11. State of health ¦
+----------------------------------------------------------------+
¦12. Present address ¦
¦13. Date 14. Signature ¦
+----------------------------------------------------------------+
¦ <*> Strike out what is not applicable - Do not add any ¦
¦remarks - See explanations on other side of card ¦
L-----------------------------------------------------------------
(Size of internment card - 10 x 15 cm.)
II. LETTER
Civilian internee service
------------
Postage free
To
Street and number
Place of destination (in block capitals)
Province or Department
Country (in block capitals)
Sender:
Surname and first names
Date and place of birth
Internment address
(Size of letter - 29 x 15 cm.)
III. CORRESPONDENCE CARD
1. Front
-----------------------------------------------------------------¬
¦ Civilian Internee Mail -------------¬ ¦
¦ ---------------------- ¦Postage free¦ ¦
¦ L------------- ¦
¦ POST CARD ¦
¦ ¦
¦ To ¦
¦Sender: ¦
¦ Street and number ¦
¦Surname and first names ¦
¦ Place of destination (in block capitals)¦
¦ -------------------- ¦
¦Place and date of birth ¦
¦ Province or Department ¦
¦Internment address ¦
¦ Country (in block capitals) ¦
¦ ¦
¦ ¦
¦ ¦
L-----------------------------------------------------------------
2. Reverse side
-----------------------------------------------------------------¬
¦ Date: ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ ______________________________________________________________ ¦
¦ ¦
¦ Write on the dotted lines only and as legibly as possible. ¦
¦ ¦
L-----------------------------------------------------------------
(Size of correspondence card - 10 x 15 cm.)
* * *
On signing the Convention relative to the Protection of
Civilian Persons in Time of War, the Government of the Union of
Soviet Socialist Republics feels called upon to make the following
declaration:
"Although the present Convention does not cover the civilian
population in territory not occupied by the enemy and does not,
therefore, completely meet humanitarian requirements, the Soviet
Delegation, recognizing that the said Convention makes
satisfactory provision for the protection of the civilian
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