MULTILATERAL PROTECTION OF WAR VICTIMS CIVILIAN PERSONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05C01629R000801730007-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 44
• Document Creation Date: December 22, 2016
• Document Release Date: August 9, 2011
• Sequence Number: 7
• Publication Date: August 12, 1949
• Content Type: REPORT

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS the Geneva Convention relative to the Protection
of Civilian Persons in Time of War was open for signature from
August 12, 1949 until February 12, 1950, and during that period
was signed on behalf of the United States of America and sixty
other States;
WHEREAS the text of the said Convention, in the English and
French languages, as certified by the Swiss Federal Council, is
word for word as follows:
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MULTILATERAL
PROTECTION OF WAR VICTIMS
Civilian Persons
TIAS 3365 Convention, with annexes, dated at Geneva August 12, 1949.
Aug. 12, 1949 Ratification advised by the Senate of the United States of America,
subject to a reservation and statement, July 6, 1955;
Ratified by the President of the United States of America, subject to said
reservation and statement, July 14, 1955;
Ratification of the United States of America deposited with the Swiss
Federal Council August 2, 1955;
Proclaimed by the President of the United States of America August 30,
1955;
Date of entry into force with respect to the United States of America:
February 2, 1956.
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3518 U. S. Treaties and Other International Agreements [6 UST
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 :
The High Contracting Parties undertake to respect and to ensure respect for the
present Convention in all circumstances.
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other armed conflict
which may arise between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no armed
resistance.
Although one of the Powers in conflict may not be a party to the present Conven-
tion, the Powers who are parties thereto shall remain bound by it in their mutual
relations. They shall furthermore be bound by the Convention in relation to the
said Power, if the latter accepts and applies the provisions thereof.
In the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall be bound
to apply, as a minimum, the following provisions :
(1) Persons taking no active part in the hostilities, including members of armed
forces who have laid down their arms and those placed hors is combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time
and in any place whatsoever with respect to the above-mentioned persons:
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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
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3520 U. S. Treaties and Other International Agreements [6 UST
(a) violence to life and person, in particular murder of all kinds, mutila-
tion, 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 indis-
pensable 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.
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
TIAS 3362. Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949,
Ante, p. 3114. or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick
TIAS 3363. and Shipwrecked Members of Armed Forces at Sea of August 12? 1949, or by the
Ante, p. 3217. Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949,
TIAS 3364. shall not be considered as protected persons within the meaning of the present Con-
Ante, p. 3316.
vention.
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3522 U. S. Treaties and Other International Agreements [6 UST
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.
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: I to 12, 27, 29 to 34. 47, 49, 51, 52
53, 59. 61 to 77. 143.
Protected persons whose release, repatriation or re-establishment may take place
after such dates shall meanwhile continue to benefit by the present Convention.
In addition to the agreements expressly provided for in Articles II, 14, 15, 17, 36,
108, log, 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.
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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.
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.
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.
The High Contracting Parties may at any time agree to entrust to an organi-
zation 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 human-
itarian organization, such as the International Committee of the Red Cross, to assume
the humanitarian functions performed by Protecting Powers under the present
Convention.
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T
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3526 U. S. Treaties and Other International Agreements [6 UST
its Any neutral Power, or any organization invited by the Power concerned or offering
elf 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.
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.
GENERAL PROTECTION OF POPULATIONS
AGAINST CERTAIN CONSEQUENCES OF WAR
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,
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3528 U. S. Treaties and Other International Agreements [6 UST
religion or political opinion, and are intended to alleviate the sufferings caused
by war.
In time of peace, the High Contracting Parties and, after the outbreak of hos
tilities, 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.
Post, p. 3630. 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.
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, adminis-
tration, 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.
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.
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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.
TIAS 3362.
Ante, p. 3114.
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 certifi-
cates 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 dearly
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.
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
and not yet handed to the proper service, shall not be considered to be acts harmful
to the enemy.
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.
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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.
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,
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.
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
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3534 U. S. Treaties and Other International Agreements [6 UST
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 consign-
ments 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.
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.
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.
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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 3140, 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 des-
patched to one each month.
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.
SECTION I
PROVISIONS COMMON TO THE 'TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
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.
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3538 U. S. Treaties and Other International Agreements [6 UST
The presence of a protected person may not be used to render certain points or
areas immune from military operations.
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 respon-
sibility which may be incurred.
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 Inter-
national 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 mate-
rial relief to such persons.
No physical or moral coercion shall be exercised against protected persons, in par-
ticular to obtain information from them or from third parties.
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 punishment, 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.
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.
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Pillage is prohibited. .
Reprisals against protected persons and their property are 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 such refusal reconsidered as soon as possible by an appropriate court or adminis-
trative 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 satis-
factory conditions as regards safety, hygiene, sanitation and food. All costs in connec-
tion 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.
Protected persons who are confined pending proceedings or serving a sentence
involving loss of liberty, shall during their confinement be humanely treated.
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As soon as they are released, they may ask to leave the territory in conformity
with the foregoing Articles.
With the exception of special measures authorized by the present Convention, in
particular by Articles 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:
(r) 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 authorised 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.
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.
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
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3544 U. S. Treaties and Other International Agreements [6 UST
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 com-
pelled 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.
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 residence by virtue of a decision placing them
in assigned residence elsewhere, the Detaining Power shall be guided as closely as
possible by the standards of welfare set forth in Part III, Section IV of this Convention.
The internment or placing in assigned residence of protected persons may be
ordered only if the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, volun-
tarily demands internment, and if his situation renders this step necessary, he shall
be interned by the Power in whose hands he may be.
Any protected person who has been interned or placed in assigned residence shall
be entitled to have such action reconsidered as soon as possible by an appropriate court
or administrative board designated by the Detaining Power for that purpose. If the
nternment or placing in assigned residence is maintained, the court or administrativ,e
iboard shall periodically, and at least twice yearly, give consideration to his or her case
with a view to the favourable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as
astre
le to
en r
au t
Prot
la di
du t
pas
les i
la n
artic
cont.
astre
aussi
Atre
trou'
proti
sera
droit
la Pi
Si 1'i
admi
cas d
le pe
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 Approved For Release 2011/08/09: CIA-RDP05C01629R000801730007-2
3546 U. S. Treaties and Other International Agreements [6 UST
rapidly as possible, give the Protecting Power the names of any protected persons who
have been interned or subjected to assigned residence, or who have been released from
internment or assigned residence. The decisions of the courts or boards mentioned in
the first paragraph of the present Article shall also, subject to the same conditions, be
notified as rapidly as possible to the Protecting Power.
In applying the measures of control mentioned in the present Convention, the
Detaining Power shall not treat as enemy aliens exclusively on the basis of their
nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection
of any government.
ARTICLE 45
Protected persons shall not be transferred to a Power which is not a party to the
Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected
persons, or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power
which is a party to the present Convention and after the Detaining Power has satisfied
itself of the willingness and ability of such transferee Power to apply the present
Convention. If protected persons are transferred under such circumstances, responsi-
bility for the application of the present Convention rests on the Power accepting them,
while they are in its custody. Nevertheless, if that Power fails to carry out the provi-
sions of the present Convention in any important respect, the Power by which the
protected persons were transferred shall, upon beinie so notified by the Protecting
Power, take effective measures to correct the situation or shall request the return of
the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she
may have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in
pursuance of extradition treaties concluded before the outbreak of hostilities, of protected
persons accused of offences against ordinary criminal law.
ARTICLE 46
In so far as they have not been previously withdrawn, restrictive measures taken
regarding protected persons shall be cancelled as soon as possible after the close of
hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with
the law of the Detaining Power, as soon as possible after the close of hostilities.
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3548 U. S. Treaties and Other International Agreements [6 UST
Protected persons who are in occupied territory shall not be deprived, in any case
or in any manner whatsoever, of the benefits of the present Convention by any change
introduced, as the result of the occupation of a territory, into the institutions or govern-
ment of the said territory, nor by any agreement concluded between the authorities
of the occupied territories and the Occupying Power, nor by any annexation by the
latter of the whole or part of the occupied territory.
ARTICLE 48
Protected persons who are not nationals of the Power whose territory is occupied,
may avail themselves of the right to leave the territory subject to the provisions of
Article 35, and decisions thereon shall be taken according to the procedure which
the Occupying Power shall establish in accordance with the said Article.
Individual or mass forcible transfers, as well as deportations of protected persons
from occupied territory to the territory of the Occupying Power or to that of any other
country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation
of a given area if the security of the population or imperative military reasons so demand.
Such evacuations may not involve the displacement of protected persons outside the
bounds of the occupied territory except when for material reasons it is impossible to
avoid such displacement. Persons thus evacuated shall be transferred back to their
homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure,
to the greatest practicable extent, that proper accommodation is provided to receive
the protected persons, that the removals are effected in satisfactory conditions of
hygiene, health, safety and nutrition, and that members of the same family are not
separated.
The Protecting Power shall be informed of any transfers and evacuations as soon
as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly
exposed to the dangers of war unless the security of the population or imperative
military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian
population into the territory it occupies.
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en
d'ui
le g
du
cett
occt
Fan
doit
pro
celr
par
net
cen
d'ir
fair
acc
dan
et
par
ou
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3550 U. S. Treaties and Other International Agreements [6 UST
The Occupying Power shall, with the cooperation of the national and local author-
ities, facilitate the proper working of all institutions devoted to the care and education
of children.
The Occupying Power shall take all necessary steps to facilitate the identification
of children and the registration of their parentage. It may not, in any case, change
their personal status, nor enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power
shall make arrangements for the maintenance and education, if possible by persons of
their own nationality, language and religion, of children who are orphaned or separated
from their parents as a result of the war and who cannot be adequately cared for by
a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall be
responsible for taking all necessary steps to identify children whose identity is in
doubt. Particulars of their parents or other near relatives should always be recorded
if available.
The Occupying Power shall not hinder the application of any preferential measures
in regard to food, medical care and protection against the effects of war, which may have
been adopted prior to the occupation in favour of children under fifteen years, expectant
mothers, and mothers of children under seven years.
The Occupying Power may not compel protected persons to serve in its armed
or auxiliary forces. No pressure or propaganda which aims at securing voluntary
enlistment is permitted.
The Occupying Power may not compel protected, persons to work unless they are
over eighteen years of age, and then only on work which is necessary either for the needs
of the army of occupation, or for the public utility services, or for the feeding, sheltering,
clothing, transportation or health of the population of the occupied country. Protected
persons may not be compelled to undertake any work which would involve them in
the obligation of taking part in military operations. The Occupying Power may not
compel protected persons to employ forcible means to ensure the security of the instal-
lations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons
whose services have been requisitioned are. Every such person shall, so far as possible,
be kept in his usual place of employment. Workers shall be paid a fair wage and the work
shall be proportionate to their physical and intellectual capacities. The legislation in force
in the occupied country concerning working conditions, and safeguards as regards, in
particular, such matters as wages, hours of work, equipment, preliminary training and
loca
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Le:
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exe
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ma
pro
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3552 U. S. Treaties and Other International Agreements [6 UST
compensation for occupational accidents and diseases, shall be applicable to the protected
persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organ-
ization of a military or semi-military character.
No contract, agreement or regulation shall impair the right of any worker, whether
voluntary or not and wherever he may be, to apply to the representatives of the
Protecting Power in order to request the said Power's intervention.
All measures aiming at creating unemployment or at restricting the opportunities
offered to workers in an occupied territory, in order to induce them to work for the
Occupying Power, are prohibited.
. Any destruction by the Occupying Power of real or personal property belonging
individually or collectively to private persons, or to the State, or to other public
authorities, or to social or cooperative organizations, is prohibited, except where such
destruction is rendered absolutely necessary by military operations.
The Occupying Power may not alter the status of public officials or judges in the
occupied territories, or in any way apply sanctions to or take any measures of coercion
or discrimination against them, should they abstain from fulfilling their functions for
reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of
Article gr. It does not affect the right of the Occupying Power to remove public officials
from their posts.
To the fullest extent of the means available to it, the Occupying Power has the
duty of ensuring the food and medical supplies of the population ; it should, in particular,
bring in the necessary foodstuffs, medical stores and other articles if the resources of
the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies
available in the occupied territory, except for use by the occupation forces and admin-
istration personnel, and then only if the requirements of the civilian population have
been taken into account. Subject to the provisions of other international Conventions,
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3554 U. S. Treaties and Other International Agreements [6 UST
the Occupying Power shall make arrangements to ensure that fair value is paid for
any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of the
food and medical supplies in occupied territories, except where temporary restrictions
are made necessary by imperative military requirements.
ARTICLE 56
To the fullest extent of the means available to it, the Occupying Power has the
duty of ensuring and maintaining, with the cooperation of national and local authorities,
the medical and hospital establishments and services, public health and hygiene in
the occupied territory, with particular reference to the adoption and application of
the prophylactic and preventive measures necessary to combat the spread of contagious
diseases and epidemics. Medical personnel of all categories shall be allowed to carry
out their duties.
If new hospitals are set up in occupied territory and if the competent organs of
the occupied State are not operating there, the occupying authorities shall, if necessary,
grant them the recognition provided for in Article i8. In similar circumstances, the
occupying authorities shall also grant recognition to hospital personnel and transport
vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the
Occupying Power shall take into consideration the moral and ethical susceptibilities
of the population of the occupied territory.
The Occupying Power may requisition civilian hospitals only temporarily and only
in cases of urgent necessity for the care of military wounded and sick, and then on con-
dition that suitable arrangements are made in due time for the care and treatment of
the patients and for the needs of the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long as they
are necessary for the needs of the civilian population.
ARTICLE 58
The Occupying Power shall permit ministers of religion to give spiritual assistance
to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required
for religious needs and shall facilitate their distribution in occupied territory.
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de-
3
 Approved For Release 2011/08/09: CIA-RDP05CO1629R000801730007-2
3556 U. S. Treaties and Other International Agreements [6 UST
If the whole or part of the population of an occupied territory is inadequately
supplied, the Occupying Power shall agree to relief schemes on behalf of the said popu-
lation, and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial humani-
tarian organizations such as the International Committee of the Red Cross, shall consist,
in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall
guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied
by an adverse Party to the conflict shall, however, have the right to search the consign-
ments, to regulate their passage according to prescribed times and routes, and to be
reasonably satisfied through the Protecting Power that these consignments are to be
used for the relief of the needy population and are not to be used for the benefit of the
Occupying Power.
Relief consignments shall in no way relieve the Occupying Power of any of its
responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way
whatsoever divert relief consignments from the purpose for which they are intended,
except in cases of urgent necessity, in the interests of the population of the occupied
territory and with the consent of the Protecting Power.
The distribution of the relief consignments referred to in the foregoing Articles shall
be carried out with the cooperation and under the supervision of the Protecting Power.
This duty may also be delegated, by agreement between the Occupying Power and the
Protecting Power, to a neutral Power, to the International Committee of the Red Cross
or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or
customs duties unless these are necessary in the interests of the economy of the territory.
The Occupying Power shall facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of
charge, of such relief consignments on their way to occupied territories.
Subject to imperative reasons of security, protected persons in occupied territories
shall be permitted to receive the individual relief consignments sent to them.
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ment
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3558 U. S. Treaties and Other International Agreements [6 UST
ARTICLE 63
Subject to temporary and exceptional measures imposed for urgent reasons of
security by the Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies
shall be able to pursue their activities in accordance with Red Cross principles,
as defined by the International Red Cross Conferences. Other relief societies
shall be permitted to continue their humanitarian activities under similar
conditions ;
(b) the Occupying Power may not require any changes in the personnel or structure
of these societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special organiza-
tions of a non-military character, which already exist or which may be established, for
the purpose of ensuring the living conditions of the civilian population by the
maintenance of the essential public utility services, by the distribution of relief and by
the organization of rescues.
ARTICLE 64
The penal laws of the occupied territory shall remain in force, with the exception
that they may be repealed or suspended by the Occupying Power in cases where they
constitute a threat to its security or an obstacle to the application of the present Con-
vention. Subject to the latter consideration and to the necessity for ensuring the effective
administration of justice, the tribunals of the occupied territory shall continue to
function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory
to provisions which are essential to enable the Occupying Power to fulfil its obligations
under the present Convention, to maintain the orderly government of the territory,
and to ensure the security of the Occupying Power, of the members and property
of the occupying forces or administration, and likewise of the establishments and
lines of communication used by them.
ARTICLE 65
The penal provisions enacted by the occupying Power shall not come into force
before they have been published and brought to the knowledge of the inhabitants in
their own language. The effect of these penal provisions shall not be retroactive.
ARTICLE 66
In case of a breach of the penal provisions promulgated by it by virtue of
the second paragraph of Article 64, the Occupying Power may hand over the accused
to its properly constituted, non-political military courts, on condition that the said
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 Approved For Release 2011/08/09: CIA-RDP05CO1629R000801730007-2
3560 U. S. Treaties and Other International Agreements [6 UST
courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied
country.
The courts shall apply only those provisions of law which were applicable prior to
the offence, and which are in accordance with general principles of law, in particular the
principle that the penalty shall be proportionate to the offence. They shall take into
consideration the fact that the accused is not a national of the Occupying Power.
Protected persons who commit an offence which is solely intended to harm the
Occupying Power, but which does not constitute an attempt on the life or limb of
members of the occupying forces or administration, nor a grave collective danger, nor
seriously damage the property of the occupying forces or administration or the installa-
tions used by them, shall be liable to internment or simple imprisonment, provided the
duration of such internment or imprisonment is proportionate to the offence committed.
Furthermore, internment or imprisonment shall, for such offences, be the only measure
adopted for depriving protected persons of liberty. The courts provided for under
Article 66 of the present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with
Articles 64 and 65 may impose the death penalty on a protected person only in cases
where the person is guilty of espionage, of serious acts of sabotage against the military
installations of the Occupying Power or of intentional offences which have caused the
death of one or more persons, provided that such offences were punishable by death
under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the
attention of the court has been particularly called to the fact that since the accused is
not a national of the Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person
who was under eighteen years of age at the time of the offence.
In all cases, the duration of the period during which a protected person accused of
an offence is under arrest awaiting trial or punishment shall be deducted from any
period of imprisonment awarded.
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3562 U. S. Treaties and Other International Agreements [6 UST
Protected persons shall not be arrested, prosecuted or convicted by the Occupying
Power for acts committed or for opinions expressed before the occupation, or during a
temporary interruption thereof, with the exception of breaches of the laws and customs
of war.
Nationals of the occupying Power who, before the outbreak of hostilities, have
sought refuge in the territory of the occupied State, shall not be arrested, prosecuted,
convicted or deported from the occupied territory, except for offences committed after
the outbreak of hostilities, or for offences under common law committed before the
outbreak of hostilities which, according to the law of the occupied State, would have
justified extradition in time of peace.
No sentence shall be pronounced by the competent courts of the Occupying Power
except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly
informed, in writing, in a language which they understand, of the particulars of the
charges preferred against them, and shall be brought to trial as rapidly as possible.
The Protecting Power shall be informed of all proceedings instituted by the Occupying
Power against protected persons in respect of charges involving the death penalty or
imprisonment for two years or more; it shall be enabled, at any time, to obtain infor-
mation regarding the state of such proceedings. Furthermore, the Protecting Power
shall be entitled, on request, to be furnished with all particulars of these and of any
other proceedings instituted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph
above, shall be sent immediately, and shall in any case reach the Protecting Power three
weeks before the date of the first hearing. Unless, at the opening of the trial, evidence
is submitted that the provisions of this Article are fully complied with, the trial shall
not proceed. The notification shall include the following particulars:
(a) description of the accused;
(b) place of residence or detention;
(c) specification of the charge or charges (with mention of the penal provisions
under which it is brought) ;
(d) designation of the court which will hear the case;
(e) place and date of the first hearing.
Accused persons shall have the right to present evidence necessary to their defence
and may, in particular, call witnesses. They shall have the right to be assisted by a
6 UST]
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 Approved For Release 2011/08/09: CIA-RDP05CO1629R000801730007-2
qualified advocate or counsel of their own choice, who shall be able to visit them freely
and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an
advocate or counsel. When an accused person has to meet a serious charge and the
Protecting Power is not functioning, the Occupying Power, subject to the consent of
the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by an
interpreter, both during preliminary investigation and during the hearing in court.
They shall have the right at any time to object to the interpreter and to ask for his
replacement.
A convicted person shall have the right of appeal provided for by the laws applied
by the court. He shall be fully informed of his right to appeal or petition and of the
time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is
applicable, to appeals. Where the laws applied by the Court make no provision for
appeals, the convicted person shall have the right to petition against the finding and
sentence to the competent authority of the Occupying Power.
Representatives of the Protecting Power shall have the right to attend the trial
of any protected person, unless the hearing has, as an exceptional measure, to be held
in camera in the interests of the security of the Occupying Power, which shall then notify
the Protecting Power. A notification in respect of the date and place of trial shall be
sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or
more, shall be communicated, with the relevant grounds, as rapidly as possible to the
Protecting Power. The notification shall contain a reference to the notification made
under Article 71, and, in the case of sentences of imprisonment, the name of the place
where the sentence is to be served. A record of judgments other than those referred to
above shall be kept by the court and shall be open to inspection by representatives of
the Protecting Power. Any period allowed for appeal in the case of sentences involving
the death penalty, or imprisonment of two years or more, shall not run until notification
of judgment has been received by the Protecting Power.
In no case shall persons condemned to death be deprived of the right of petition
for pardon or reprieve.
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3564 U. S. Treaties and Other International Agreements [6 UST
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3566 U. S. Treaties and Other International Agreements [6 UST
No death sentence shall be carried out before the expiration of a period of at least
six months from the date of receipt by the Protecting Power of the notification of the
final judgment confirming such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be
reduced in individual cases in circumstances of grave emergency involving an organized
threat to the security of the Occupying Power or its forces, provided always that the
Protecting Power is notified of such reduction and is given reasonable time and
opportunity to make representations to the competent occupying authorities in respect
of such death sentences.
ARTICLE 76
Protected persons accused of offences shall be detained in the occupied country,
and if convicted they shall serve their sentences therein. They shall, if possible, be
separated from other detainees and shall enjoy conditions of food and hygiene which
will be sufficient to keep them in good health, and which will be at least equal to
those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may
require.
Women shall be confined in separate quarters and shall be under the direct super-
vision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates
of the Protecting Power and of the International Committee of the Red Cross, in accord-
ance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.
Protected persons who have been accused of offences or convicted by the courts
in occupied territory, shall be handed over at the close of occupation, with the relevant
records, to the authorities of the liberated territory.
ARTICLE 78
If the Occupying Power considers it necessary, for imperative reasons of security,
to take safety measures concerning protected persons, it may, at the most, subject
them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according
to a regular procedure to be prescribed by the Occupying Power in accordance with
the provisions of the present Convention. This procedure shall include the right of
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 Approved For Release 2011/08/09: CIA-RDP05C01629R000801730007-2
appeal for the parties concerned. Appeals shall be decided with the least possible delay.
In the event of the decision being upheld, it shall be subject to periodical review, if
possible every six months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave
their homes shall enjoy the full benefit of Article 39 of the present Convention.
The Parties to the conflict shall not intern protected persons, except in accordance
with the provisions of Articles 41, 42, 43, 68 and 78.
Internees shall retain their full civil capacity and shall exercise such attendant rights
as may be compatible with their status.
Parties to the conflict who intern protected persons shall be bound to provide
free of charge for their maintenance, and to grant them also the medical attention
required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be
made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the
internees, if such dependents are without adequate means of support or are unable to
earn a living.
The Detaining Power shall, as far as possible, accommodate the internees according
to their nationality, language and customs. Internees who are nationals of the same
country shall not be separated merely because they have different languages.
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3568 U. S. Treaties and Other International Agreements [6 UST
po
qu
 Approved For Release 2011/08/09: CIA-RDP05CO1629R000801730007-2
3570 U. S. Treaties and Other International Agreements [6 UST
Throughout the duration of their internment, members of the same family, and
in particular parents and children, shall be lodged together in the same place of intern-
ment, except when separation of a temporary nature is necessitated for reasons of
employment or health or for the purposes of enforcement of the provisions of Chapter IX
of the present Section. Internees may request that their children who are left at liberty
without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the
same premises and given separate accommodation from other internees, together with
facilities for leading a proper family life.
CHAPTER II
PLACES OF INTERNMENT
ARTICLE 83
The Detaining Power shall not set up places of internment in areas particularly
exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of
the Protecting Powers, all useful information regarding the geographical location of
places of internment.
Whenever military considerations permit, internment camps shall be indicated by
the letters IC, placed so as to be clearly visible in the daytime from the air. The
Powers concerned may, however, agree upon any other system of marking. No place
other than an internment camp shall be marked as such.
ARTICLE 84
Internees shall be accommodated and administered separately from prisoners of
war and from persons deprived of liberty for any other reason.
The Detaining Power is bound to take all necessary and possible measures to ensure
that protected persons shall, from the outset of their internment, be accommodated in
buildings or quarters which afford every possible safeguard as regards hygiene and health,
and provide efficient protection against the rigours of the climate and the effects of the
war. In no case shall permanent places of internment be situated in unhealthy areas,
or in districts the climate of which is injurious to the internees. In all cases where the
district, in which a protected person is temporarily interned, is in an unhealthy area or
6 UST]
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 Approved For Release 2011/08/09: CIA-RDP05C01629R000801730007-2
3572 U. S. Treaties and Other International Agreements [6 UST
has a climate which is harmful to his health, he shall be removed to a more suitable place
of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted,
in particular between dusk and lights out. The sleeping quarters shall be sufficiently
spacious and well ventilated, and the internees shall have suitable bedding and sufficient
blankets, account being taken of the climate, and the age, sex, and state of health of the
internees.
Internees shall have for their use, day and night, sanitary conveniences which
confprm to the rules of hygiene and are constantly maintained in a state of cleanliness.
They shall be provided with sufficient water and soap for their daily personal toilet
and for washing their personal laundry ; installations and facilities necessary for this
purpose shall be granted to them. Showers or baths shall also be available. The necessary
time shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate
women internees who are not members of a family unit in the same place of internment
as men, the provision of separate sleeping quarters and sanitary conveniences for the
use of such women internees shall be obligatory.
The Detaining Power shall place at the disposal of interned persons, of whatever
denomination, premises suitable for the holding of their religious services.
Canteens shall be installed in every place of internment, except where other suitable
facilities are available. Their purpose shall be to enable internees to make purchases,
at prices not higher than local market prices, of foodstuffs and articles of everyday use,
including soap and tobacco, such as would increase their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for each
place of internment, and administered for the benefit of the internees attached to such
place of internment. The Internee Committee provided for in Article 102 shall have the
right to check the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be
transferred to the welfare fund of a place of internment for internees of the same
nationality, or, if such a place does not exist, to a central welfare fund which shall be
administered for the benefit of all internees remaining in the custody of the Detaining
Power. In case of a general release, the said profits shall be kept by the Detaining Power,
subject to any agreement to the contrary between the Powers concerned.
6 UST]
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 In all places of internment exposed to air raids and other hazards of war, shelters
adequate in number and structure to ensure the necessary protection shall be installed.
In case of alarms, the internees shall be free to enter such shelters as quickly as possible,
excepting those who remain for the protection of their quarters against the aforesaid
hazards. Any protective measures taken in favour of the population shall also apply
to them.
All due precautions must be taken in places of internment against the danger of fire.
ARTICLE 89
Daily food rations for internees shall be sufficient in quantity, quality and variety to
keep internees in a good state of health and prevent the development of nutritional
deficiencies. Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves
any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be
permitted.
Internees who work shall receive additional rations in proportion to the kind of
labour which they perform.
Expectant and nursing mothers, and children under fifteen years of age, shall be
given additional food, in proportion to their physiological needs.
When taken into custody, internees shall be given all facilities to provide themselves
with the necessary clothing, footwear and change of underwear, and later on, to procure
further supplies if required. Should any internees not have sufficient clothing, account
being taken of the climate, and be unable to procure any, it shall be provided free of
charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings
placed on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing,
whenever the nature of their work so requires.
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3574 U. S. Treaties and Other International Agreements [6 us
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3576 U. S. Treaties and Other International Agreements [6 UST
Every place of internment shall have an adequate infirmary, under the direction of
a qualified doctor, where internees may have the attention they require, as well as
an appropriate diet. Isolation wards shall be set aside for cases of contagious or
mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition
requires special treatment, a surgical operation or hospital care, must be admitted to any
institution where adequate treatment can be given and shall receive care not inferior to
that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own
nationality.
Internees may not be prevented from presenting themselves to the medical
authorities for examination. The medical authorities of the Detaining Power shall, upon
request, issue to every internee who has undergone treatment an official certificate
showing the nature of his illness or injury, and the duration and nature of the treatment
given. A duplicate of this certificate shall be forwarded to the Central Agency provided
for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance
of internees in good health, particularly dentures and other artificial appliances and
spectacles, shall be free of charge to the internee.
Medical inspections of internees shall be made at least once a month. Their purpose
shall be, in particular, to supervise the general state of health, nutrition and cleanliness
of internees, and to detect contagious diseases, especially tuberculosis, malaria, and
venereal diseases. Such inspections shall include, in particular, the checking of weight
of each internee and, at least once a year, radioscopic examination.
Internees shall enjoy complete latitude in the exercise of their religious duties,
including attendance at the services of their faith, on condition that they comply with
the disciplinary routine prescribed by the detaining authorities.
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3578 U. S. Treaties and Other International Agreements [6 UST
Ministers of religion who are interned shall be allowed to minister freely to the
members of their community. For this purpose, the Detaining Power shall ensure their
equitable allocation amongst the various places of internment in which there are internees
speaking the same language and belonging to the same religion. Should such ministers
be too few in number, the Detaining Power shall provide them with the necessary
facilities, including means of transport, for moving from one place to another, and they
shall be authorized to visit any internees who are in hospital. Ministers of religion shall
be at liberty to correspond on matters concerning their ministry with the religious author-
ities in the country of detention and, as far as possible, with the international religious
organizations of their faith. Such correspondence shall not be considered as forming
a part of the quota mentioned in Article 507. It shall, however, be subject to the
provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their
faith, or should these latter be too few in number, the local religious authorities of the
same faith may appoint, in agreement with the Detaining Power, a minister of the
internees' faith or, if such a course is feasible from a denominational point of view,
a minister of similar religion or a qualified layman. The latter shall enjoy the facilities
granted to the ministry he has assumed. Persons so appointed shall comply with all
regulations laid down by the Detaining Power in the interests of discipline and security.
The Detaining Power shall encourage intellectual, educational and recreational
pursuits, sports and games amongst internees, whilst leaving them free to take part in
them or not. It shall take all practicable measures to ensure the exercise thereof, in
particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take
up new subjects. The education of children and young people shall be ensured; they
shall be allowed to attend schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports and outdoor
games. For this purpose, sufficient open spaces shall be set aside in all places of intern-
ment. Special playgrounds shall be reserved for children and young people.
The Detaining Power shall not employ internees as workers, unless they so desire.
Employment which, if undertaken under compulsion by a protected person not in
internment, would involve a breach of Articles 40 or $r of the present Convention,
and employment on work which is of a degrading or humiliating character are in any
case prohibited.
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3580 U. S. Treaties and Other International Agreements [6 UST
After a working period of six weeks, internees shall be free to give up work at any
moment, subject to eight days' notice.
These provisions constitute no obstacle to the right of the Detaining Power to
employ interned doctors, dentists and other medical personnel in their professional
capacity on behalf of their fellow internees, or to employ internees for administrative
and maintenance work in places of internment and to detail such persons for work in
the kitchens or for other domestic tasks, or to require such persons to undertake duties
connected with the protection of internees against aerial bombardment or other war
risks. No internee may, however, be required to perform tasks for which he is, in the
opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions,
for medical attention, for the payment of wages, and for ensuring that all employed
internees receive compensation for occupational accidents and diseases. The standards
prescribed for the said working conditions and for compensation shall be in accordance
with the national laws and regulations, and with the existing practice ; they shall in
no case be inferior to those obtaining for work of the same nature in the same district.
Wages for work done shall be determined on an equitable basis by special agreements
between the internees, the Detaining Power, and, if the case arises, employers other than
the Detaining Power, due regard being paid to the obligation of the Detaining Power
to provide for free maintenance of internees and for the medical attention which
their state of health may require. Internees permanently detailed for categories of
work mentioned in the third paragraph of this Article, shall be paid fair wages by the
Detaining Power. The working conditions and the scale of compensation for occupat-
ional accidents and diseases to internees thus detailed, shall not be inferior to those
applicable to work of the same nature in the same district.
All labour detachments shall remain part of and dependent upon a place of intern-
ment. The competent authorities of the Detaining Power and the commandant of a
place of internment shall be responsible for the observance in a labour detachment of
the provisions of the present Convention. The commandant shall keep an up-to-date
list of the labour detachments subordinate to him and shall communicate it to the dele-
gates of the Protecting Power, of the International Committee of the Red Cross and of
other humanitarian organizations who may visit the places of internment.
les
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 Approved For Release 2011/08/09: CIA-RDP05CO1629R000801730007-2
3582 U. S. Treaties and Other International Agreements [6 UST
Internees shall be permitted to retain articles of personal use. Monies, cheques,
bonds, etc., and valuables in their possession may not be taken from them except in
accordance with established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in
Article 98. Such amounts may not be converted into any other currency unless legislation
in force in the territory in which the owner is interned so requires or the internee gives
his consent.
Articles which have above all a personal or sentimental value may not be taken
away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other
valuables taken from them during internment and shall receive in currency the balance
of any credit to their accounts kept in accordance with Article 98, with the exception
of any articles or amounts withheld by the Detaining Power by virtue of its legislation
in force. If the property of an internee is so withheld, the owner shall receive a detailed
receipt.
Family or identity documents in the possession of internees may not be taken
away without a receipt being given. At no time shall internees be left without identity
documents. If they have none, they shall be issued with special documents drawn
up by the detaining authorities, which will serve as their identity papers until the end
of their internment.
Internees may keep on their persons a certain amount of money, in cash or in
the shape of purchase coupons, to enable them to make purchases.
All internees shall receive regular allowances, sufficient to enable them to purchase
goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the
form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they
owe allegiance, the Protecting Powers, the organizations which may assist them, or
their families, as well as the income on their property in accordance with the law of
the Detaining Power. The amount of allowances granted by the Power to which they
owe allegiance shall be the same for each category of internees (infirm, sick, pregnant
women, etc.), but may not be allocated by that Power or distributed by the Detaining
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3584 U. S. Treaties and Other International Agreements [s UST
Power on the basis of discriminations between internees which are prohibited by
Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which
shall be credited the allowances named in the present Article, the wages earned and the
remittances received, together with such sums taken from him as may be available
under the legislation in force in the territory in which he is interned. Internees shall
be granted all facilities consistent with the legislation in force in such territory to make
remittances to their families and to other dependants. They may draw from their
accounts the amounts necessary for their personal expenses, within the limits fixed by
the Detaining Power. They shall at all times be afforded reasonable facilities for consul-
ting and obtaining copies of their accounts. A statement of accounts shall be furnished
to the Protecting Power on request, and shall accompany the internee in case of transfer.
Every place of internment shall be put under the authority of a responsible officer.
chosen from the regular military forces or the regular civil administration of the Detaining
Power. The officer in charge of the place of internment must have in his possession a
copy of the present Convention in the official language, or one of the official languages, of
his country and shall be responsible for its application. The staff in control of internees
shall be instructed in the provisions of the present Convention and of the administrative
measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded
under the said Convention shall be posted inside the place of internment, in a language
which the internees understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated
to the internees and posted inside the places of internment, in a language which they
understand.
Every order and command addressed to internees individually, must likewise, be
given in a language which they understand.
The disciplinary regime in places of internment shall be consistent with humanitarian
principles, and shall in no circumstances include regulations imposing on internees any
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detents
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 Approved For Release 2011/08/09: CIA-RDP05C01629R000801730007-2
physical exertion dangerous to their health or involving physical or moral victimization.
Identification by tattooing or imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and
manoeuvres, or the reduction of food rations, are prohibited.
Internees shall have the right to present to the authorities in whose power they are,
any petition with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee
Committee or, if they consider it necessary, direct to the representatives of the Protecting
Power, in order to indicate to them any points on which they may have complaints to
make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration,
and even if the latter are recognized to be unfounded, they may not occasion any punish-
ment.
Periodic reports on the situation in places of internment and as to the needs of the
internees, may be sent by the Internee Committees to the representatives of the
Protecting Powers.
In every place of internment, the internees shall freely elect by secret ballot every
six months, the members of a Committee empowered to represent them before the
Detaining and the Protecting Powers, the International Committee of the Red Cross
and any other organization which may assist them. The members of the Committee shall
be eligible for re-election.
Internees so elected shall enter upon their duties after their election has been
approved by the detaining authorities. The reasons for any refusals or dismissals shall
be communicated to the Protecting Powers concerned.
The Internee Committees shall further the physical, spiritual and intellectual
well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance
amongst themselves, this organization would be within the competence of the Com-
mittees in addition to the special duties entrusted to them under other provisions of
the present Convention.
Members of Internee Committees shall not be required to perform any other work,
if the accomplishment of their duties is rendered more difficult thereby.
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3586 U. S. Treaties and Other International Agreements [6 UST
di
do
PI
 Approved For Release 2011/08/09: CIA-RDP05C01629R000801730007-2
3588 U. S. Treaties and Other International Agreements [6 UST
Members of Internee Committees may appoint from amongst the internees such
assistants as they may require. All material facilities shall be granted to them,
particularly a certain freedom of movement necessary for the accomplishment of their
duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for
communication by post and telegraph with the detaining authorities, the Protecting
Powers, the International Committee of the Red Cross and their delegates, and with the
organizations which give assistance to internees. Committee members in labour detach-
ments shall enjoy similar facilities for communication with their Internee Committee in
the principal place of internment. Such communications shall not be limited, nor
considered as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a reasonable
time to acquaint their successors with current affairs.
Immediately upon interning protected persons, the Detaining Powers shall inform
them, the Power to which they owe allegiance and their Protecting Power of the
measures taken for executing the provisions of the present Chapter. The Detaining
Powers shall likewise inform the Parties concerned of any subsequent modifications
of such measures.
As soon as he is interned, or at the latest not more than one week after his arrival
in a place of internment, and likewise in cases of sickness or transfer to another place
of internment or to a hospital, every internee shall be enabled to send direct to his
family, on the one hand, and to the Central Agency provided for by Article 140, on
the other, an internment card similar, if possible, to the model annexed to the present
Convention, informing his relatives of his detention, address and state of health.
The said cards shall be forwarded as rapidly as possible and may not be delayed in
any way.
Internees shall be allowed to send and receive letters and cards. If the Detaining
Power deems it necessary to limit the number of letters and cards sent by each internee,
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3590 U. S. Treaties and Other International Agreements [6 UST
the said number shall not be less than two letters and four cards monthly; these shall
be drawn up so as to conform as closely as possible to the models annexed to the present
Convention. If limitations must be placed on the correspondence addressed to internees,
they may be ordered only by the Power to which such internees owe allegiance, possibly
at the request of the Detaining Power. Such letters and cards must be conveyed with
reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to
receive news from their relatives, or to give them news by the ordinary postal route, as
well as those who are at a considerable distance from their homes, shall be allowed to
send telegrams, the charges being paid by them in the currency at their disposal. They
shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees' mail shall be written in their own language. The Parties to the
conflict may authorize correspondence in other languages.
Internees shall be allowed to receive, by post or by any other means, individual
parcels or collective shipments containing in particular foodstuffs, clothing, medical
supplies, as well as books and objects of a devotional, educational or recreational
character which may meet their needs. Such shipments shall in no way free the Detaining
Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due
notice thereof shall be given to the Protecting Power and to the International Committee
of the Red Cross, or to any other organization giving assistance to the internees
and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective shipments shall,
if necessary, be the subject of special agreements between the Powers concerned, which
may in no case delay the receipt by the internees of relief supplies. Parcels of clothing
and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in
collective parcels.
In the absence of special agreements between Parties to the conflict regarding the
conditions for the receipt and distribution of collective relief shipments, the regulations
concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of
Internee Committees to take possession of collective relief shipments intended for
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3592 U. S. Treaties and Other International Agreements [6 UST
internees, to undertake their distribution and to dispose of them in the interests of the
recipients.
Nor shall such agreements restrict the right of representatives of the Protecting
Powers, the International Committee of the Red Cross, or any other organization giving
assistance to internees and responsible for the forwarding of collective shipments, to
supervise their distribution to the recipients.
All relief shipments for internees shall be exempt from import, customs and other
All matter sent by mail, including relief parcels sent by parcel post and remittances
of money, addressed from other countries to internees or despatched by them through
the post office, either direct or through the Information Bureaux provided for in Article
136 and the Central Information Agency providedfor in Article 140,shall be exempt from
all postal dues both in the countries of origin and destination and in intermediate
Convention of 1947 and by the agreements of the Universal Postal Union in favour of
civilians of enemy nationality detained in camps or civilian prisons, shall be extended
to the other interned persons protected by the present Convention. The countries not
signatory to the above-mentioned agreements shall be bound to grant freedom from
charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and which,
by reason of their weight or any other cause, cannot be sent through the post office,
Powers which are Parties to the present Convention shall bear the cost of transport
in their respective territories.
Costs connected with the transport of such shipments, which are not covered by
The High Contracting Parties shall endeavour to reduce, so far as possible, the
Should military operations prevent the Powers concerned from fulfilling their
obligation to ensure the conveyance of the mail and relief shipments provided for in Articles
106, 107, 108 and 113, the Protecting Powers concerned, the International Committee
of the Red Cross or any other organization duly approved by the Parties to the conflict
may undertake the conveyance of such shipments by suitable means (rail, motor
vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties
shall endeavour to supply them with such transport, and to allow its circulation, espe-
cially by granting the necessary safe-conducts.
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3594 U. S. Treaties and Other International Agreements [6 UST
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central Information
Agency referred to in Article 14o and the National Bureaux referred to in
Article 136;
(b) correspondence and reports relating to internees which the Protecting Powers,
the International Committee of the Red Cross or any other organization
assisting the internees exchange either with their own delegates or with the
Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict
to arrange other means of transport if it should so prefer, nor preclude the granting
of safe-conducts, under mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in propor-
tion to the importance of the shipments, by the Parties to the conflict whose nationals
are benefited thereby.
The censoring of correspondence addressed to internees or despatched by them
shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried
out under conditions that will expose the goods contained in them to deterioration.
It shall be done in the presence of the addressee, or of a fellow-internee duly delegated
by him. The delivery to internees of individual dr collective consignments shall not
be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either
for military or political reasons, shall be only temporary and its duration shall be as
short as possible.
The Detaining Powers shall provide all reasonable facilities for the transmission,
through the Protecting Power or the Central Agency provided for in Article 140, or
as otherwise required, of wills, powers of attorney, letters of authority, or any other
documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication
in due legal form of such documents on behalf of internees, in particular by allowing
them to consult a lawyer.
The Detaining Power shall afford internees all facilities to enable them to manage
their property, provided this is not incompatible with the conditions of internment
and the law which is applicable. For this purpose, the said Power may give them per-
mission to leave the place of internment in urgent cases and if circumstances allow.
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3596 U. S. Treaties and Other International Agreements [f] UST
In all cases where an internee is a party to proceedings in any court, the Detaining
Power shall, if he so requests, cause the court to be informed of his detention and shall,
within legal limits, ensure that all necessary steps are taken to prevent him from being
in any way prejudiced, by reason of his internment, as regards the preparation and
conduct of his case or as regards the execution of any judgment of the court.
Every internee shall be allowed to receive visitors, especially near relatives, at
regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent
cases, particularly in cases of death or serious illness of relatives.
Subject to the provisions of the present Chapter, the laws in force in the territory
in which they are detained will continue to apply to internees who commit offences
during internment.
If general laws, regulations or orders declare acts committed by internees to be
punishable, whereas the same acts are not punishable when committed by persons
who are not internees, such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same
count.
The courts or authorities shall in passing sentence take as far as possible into
account the fact that the defendant is not a national of the Detaining Power. They
shall be free to reduce the penalty prescribed for the offence with which the internee
is charged and shall not be obliged, to this end, to apply the minimum sentence
prescribed.
Imprisonment in premises without daylight and, in general, all forms of cruelty
without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated
differently from other internees.
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3598 U. S. Treaties and Other International Agreements [6 UST
The duration of preventive detention undergone by an internee shall be deducted
from any disciplinary or judicial penalty involving confinement to which he may be
sentenced.
Internee Committees shall be informed of all judicial proceedings instituted
against internees whom they represent, and of their result.
The disciplinary punishments applicable to internees shall be the following :
(i) A fine which shall not exceed 5o per cent of the wages which the internee
would otherwise receive under the provisions of Article 95 during a period
of not more than thirty days.
(2) Discontinuance of privileges granted over and above the treatment provided
for by the present Convention.
(3) Fatigue duties, not exceeding two hours daily, in connection with the main-
tenance of the place of internment.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the
health of internees. Account shall be taken of the internee's age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of
thirty consecutive days, even if the internee is answerable for several breaches of
discipline when his case is dealt with, whether such breaches are connected or not.
Internees who are recaptured after having escaped or when attempting to escape,
shall be liable only to disciplinary punishment in respect of this act, even if it is a
repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape
or attempt to escape, may be subjected to special surveillance, on condition that such
surveillance does not affect the state of their health, that it is exercised in a place of
internment and that it does not entail the abolition of any of the safeguards granted
by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable on this
count to disciplinary punishment only.
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed
an aggravating circumstance in cases where an internee is prosecuted for offences
committed during his escape.
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3600 U. S. Treaties and Other International Agreements [s UST
The Parties to the conflict shall ensure that the competent authorities exercise
leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary
or judicial nature, especially in respect of acts committed in connection with an escape,
whether successful or not.
Acts which constitute offences against discipline shall be investigated immediately.
This rule shall be applied, in particular, in cases of escape or attempt to escape. Recap-
tured internees shall be handed over to the competent authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial shall be reduced
to an absolute minimum for all internees, and shall not exceed fourteen days. Its
duration shall in any case be deducted from any sentence of confinement.
The provisions of Articles X24 and 125 shall apply to internees who are in con-
finement awaiting trial for offences against discipline.
Without prejudice to the competence of courts and higher authorities, disciplinary
punishment may be ordered only by the commandant of the place of internment, or
by a responsible officer or official who replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be
given precise information regarding the offences of which he is accused, and given
an opportunity of explaining his conduct and of defending himself. He shall be permitted,
in particular, to call witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced in the presence of the accused
and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and
its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at
least three days shall elapse between the execution of any two of the punishments,
if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant
of the place of internment and shall be open to inspection by representatives of the
Protecting Power.
Internees shall not in any case be transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment
therein.
The premises in which disciplinary punishments are undergone shall conform
to sanitary requirements; they shall in particular be provided with adequate bedding.
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3602 U. S. Treaties and Other International Agreements [6 UST
Internees undergoing punishment shall be enabled to keep themselves in a state of
cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate
quarters from male internees and shall be under the immediate supervision of women.
Internees awarded disciplinary punishment shall be allowed to exercise and to
stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspec-
tions. They shall receive the attention which their state of health requires and, if
necessary, shall be removed to the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters.
Parcels and remittances of money, however, may be withheld from them until the
completion of their punishment; such consignments shall meanwhile be entrusted
to the Internee Committee, who will hand over to the infirmary the perishable goods
contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of
the provisions of Articles 1o7 and 143 of the present Convention.
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings
against internees who are in the national territory of the Detaining Power.
CHAPTER X
TRANSFERS OF INTERNEES
ARTICLE 127
The transfer of internees shall always be effected humanely. As a general rule, it
shall be carried out by rail or other means of transport, and under conditions at least
equal to those obtaining for the forces of the Detaining Power in their changes of station.
If, as an exceptional measure, such removals have to be effected on foot, they may not
take place unless the internees are in a fit state of health, and may not in any case
expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water
and food sufficient in quantity, quality and variety to maintain them in good health,
and also with the necessary clothing, adequate shelter and the necessary medical attention.
The Detaining Power shall take all suitable precautions to ensure their safety during
transfer, and shall establish before their departure a complete list of all internees
transferred.
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