1st Geneva Convention – wounded and sick in the field
Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949.
The undersigned, Plenipotentiaries of the Governments represented at the Diplomatic Conference which met in Geneva from April 21 to August 12, 1949 with a view to revising the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armies in the Field of July 27, 1929, have agreed as follows:
CHAPTER I. GENERAL PROVISIONS
FIRST ARTICLE. – The High Contracting Parties undertake to respect and ensure respect for this Convention in all circumstances.
ARTICLE 2. – Apart from the provisions which must come into force in time of peace, the present Convention shall apply in the event of declared war or any other armed conflict arising between two or more of the High Contracting Parties, even if the state of war is not recognized by any of them.
The Convention will also apply in all cases of occupation of all or part of the territory of a High Contracting Party, even if this occupation meets no military resistance.
If one of the Powers in conflict is not a party to the present Convention, the Powers parties to it will nevertheless remain bound by it in their reciprocal relations. They will also be bound by the Convention towards the said Power, if the latter accepts and applies its provisions.
ARTICLE 3. – In the event of an armed conflict not of an international character and arising in the territory of one of the High Contracting Parties, each of the Parties to the conflict shall be required to apply at least the following provisions:
(1) Persons taking no direct part in hostilities, including members of the armed forces who have laid down their arms and persons who have been rendered hors de combat by sickness, injury, detention, or for any other cause, shall, in all circumstances, treated with humanity, without any adverse distinction based on race, color, religion or belief, sex, birth or fortune, or any other similar criteria.
To this end, the following are and remain prohibited, at all times and in all places, with regard to the persons mentioned above:
a) attacks on life and bodily integrity, in particular murder in all its forms, mutilations, cruel treatment, torture and torture;
b) hostage-taking;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) Sentences pronounced and executions carried out without a prior judgment rendered by a regularly constituted tribunal, accompanied by the judicial guarantees recognized as indispensable by civilized peoples.
2) The wounded and sick will 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 will, moreover, endeavor to bring into force by means of special agreements all or part of the other provisions of this Convention.
The application of the foregoing provisions will have no effect on the legal status of the Parties to the conflict.
ARTICLE 4. – Neutral Powers will apply by analogy the provisions of this Convention to the wounded and sick as well as to members of medical and religious personnel, belonging to the armed forces of the Parties to the conflict, who will be received or interned on their territory, from same as the dead collected.
ARTICLE 5. – For protected persons who have fallen into the power of the opposing party, this Convention will apply until the moment of their definitive repatriation.
ARTICLE 6. – Apart from the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special agreements on any question which they consider appropriate to adjust particularly. No special agreement may prejudice the situation of the wounded and sick, as well as members of medical and religious personnel, as it is regulated by this Convention, nor restrict the rights which it grants them.
The wounded and sick, as well as members of medical and religious personnel, will remain the beneficiaries of these agreements as long as the Convention is applicable to them, unless otherwise stipulated expressly in the above agreements or in subsequent agreements, or also unless further measures are taken. favorable measures taken towards them by one or other of the Parties to the conflict.
ARTICLE 7. – The wounded and sick, as well as members of medical and religious personnel, may under no circumstances partially or totally waive the rights guaranteed to them by this Convention and, where applicable, the special agreements referred to in article previous.
ARTICLE 8. – This Convention will be applied with the assistance and under the control of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict. For this purpose, the Protecting Powers may, apart from their diplomatic or consular staff, designate delegates from among their own nationals or from among the nationals of other neutral Powers. These delegates must be subject to the approval of the Power to which they will exercise their mission.
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 must in no case exceed the limits of their mission, as set out in this Convention; They must in particular take into account the imperative security needs of the State in which they exercise their functions. Only imperative military requirements can authorize, exceptionally and temporarily, a restriction of their activity.
ARTICLE 9. – The provisions of this Convention do not hinder the humanitarian activities that the International Committee of the Red Cross, as well as any other impartial humanitarian organization, will undertake for the protection of the wounded and sick, as well as members of the staff health and religious, and for the assistance to be provided to them, subject to the approval of the Parties to the conflict concerned.
ARTICLE 10. – The High Contracting Parties may, at any time, agree to entrust to an organization presenting all guarantees of impartiality and effectiveness the tasks devolved by this Convention to the Protecting Powers.
If wounded and sick people or members of medical and religious personnel do not benefit or no longer benefit, whatever the reason, from the activity of a Protecting Power or an organization designated in accordance with the first paragraph , the Detaining Power must request either a neutral State, or such an organization, to assume the functions devolved by this Convention to the Protecting Powers designated by the Parties to the conflict.
If protection cannot be thus ensured, the Detaining Power must request a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian tasks devolved by this Convention to the Protecting Powers or must accept, subject to of the provisions of this article, the offers of services emanating from such an organization.
Any neutral Power or any organization invited by the Power concerned or offering itself for the above-mentioned purposes must, in its activity, remain aware of its responsibility towards the Party to the conflict to which the persons protected by this Convention belong, and must provide sufficient guarantees capacity to assume the functions in question and fulfill them impartially.
The foregoing provisions cannot be deviated from by special agreement between Powers, one of which finds itself, even temporarily, vis-à-vis the other Power or its allies, limited in its freedom of negotiation as a result of events. military, particularly in the event of occupation of all or a significant part of its territory.
Whenever mention is made in this Convention of the Protecting Power, this mention also designates the organizations which replace it within the meaning of this article.
ARTICLE 11. – In all cases where they deem it useful in the interest of protected persons, particularly in the event of disagreement between the Parties to the conflict on the application or interpretation of the provisions of this Convention, the Protecting Powers will lend their good offices for the purposes of resolving the dispute.
To this end, each of the Protecting Powers may, at the invitation of a Party or spontaneously, propose to the Parties to the conflict a meeting of their representatives and, in particular, of the authorities responsible for the fate of the wounded and sick, as well as members medical and religious personnel, possibly on a suitably chosen neutral territory. The Parties to the conflict will be required to follow up on proposals made to them in this regard. The Protecting Powers may, where appropriate, propose for the approval of the Parties to the conflict a personality belonging to a neutral Power, or a personality delegated by the International Committee of the Red Cross, who will be called upon to participate in this meeting.
CHAPTER II. INJURED AND SICK
ARTICLE 12. – Members of the armed forces and other persons mentioned in the following article, who are injured or ill, must be respected and protected in all circumstances.
They will be treated and cared for humanely by the Party to the conflict which has them in its power, without any unfavorable distinction based on sex, race, nationality, religion, political opinions or any other similar criterion. Any attack on their life and person is strictly prohibited and, among other things, the act of finishing or exterminating them, subjecting them to torture, carrying out biological experiments on them, leaving them in a premeditated manner without medical assistance, or without care, or to expose them to risks of contagion or infection created for this purpose.
Only reasons of medical emergency will authorize priority in the order of care.
Women will be treated with all special consideration due to their sex.
The Party to the conflict, obliged to abandon wounded or sick people to its adversary, will leave with them, as far as military requirements permit, part of its personnel and medical equipment to help care for them.
ARTICLE 13. – This Convention will apply to the injured and sick belonging to the following categories:
1) members of the armed forces of a Party to the conflict, as well as members of militias and volunteer corps forming part of these armed forces;
2) members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and acting outside or within their own territory, even if that territory is occupied, provided that these militias or volunteer corps, including these organized resistance movements, meet the following conditions:
a) to have at their head a person responsible for his subordinates;
(b) to have a distinctive sign that is fixed and recognizable from a distance;
(c) to bear arms openly;
(d) to conform in their operations to the laws and customs of war;
3) members of the regular armed forces who claim to belong to a government or authority not recognized by the Detaining Power;
4) people who follow the armed forces without being directly part of it, such as civilian members of military aircraft crews, war correspondents, suppliers, members of work units or services responsible for the well-being of the military , provided that they have received authorization from the armed forces they accompany;
5) crew members, including commanders, pilots and apprentices, of the merchant navy and civil aviation crews of the Parties to the conflict who do not benefit from more favorable treatment under other provisions of law international;
6) the population of an unoccupied territory which, upon the approach of the enemy, spontaneously takes up arms to fight the invading troops without having had time to form itself into regular armed forces, if it openly bears the weapons and whether it respects the laws and customs of war.
ARTICLE 14. – Taking into account the provisions of article 12, the wounded and sick of a belligerent, who have fallen into the power of the adversary, will be prisoners of war and the rules of international law concerning prisoners of war will be applied to them. applicable.
ARTICLE 15. – At all times and particularly after an engagement, the Parties to the conflict will without delay take all possible measures to search for and collect the wounded and sick, protect them against pillage and ill-treatment and provide them with the necessary care, as well as to search for the dead and prevent them from being robbed.
Whenever circumstances permit, an armistice, break of fire or local arrangements will be agreed to permit the removal, exchange and transportation of wounded left on the battlefield.
Likewise, local arrangements may be concluded between the Parties to the conflict for the evacuation or exchange of the wounded and sick from a besieged or surrounded area and for the passage of medical and religious personnel and medical equipment to this area. area.
ARTICLE 16. – The Parties to the conflict must record, as quickly as possible, all elements capable of identifying the wounded, sick and dead of the opposing party who have fallen into their power. This information should, if possible, include the following:
a) indication of the Power on which they depend;
b) assignment or service number;
(c) surname;
(d) the given name(s);
e) date of birth;
(f) any other information appearing on the identity card or plate;
(g) date and place of capture or death;
(h) information regarding injury, illness or cause of death.
As soon as possible, the information mentioned above must be communicated to the information office, referred to in article 122 of the Geneva Convention relating to the treatment of prisoners of war of August 12, 1949, which will transmit it to the Power on which these people depend, through the Protecting Power and the Central Prisoners of War Agency.
The Parties to the conflict will establish and communicate to each other, through the channel indicated in the preceding paragraph, death certificates or duly authenticated death lists. They will also collect and transmit, through the same office, half of a double identity plate, wills or other documents of importance to the family of the deceased, sums of money, and, in general, all objects with intrinsic or emotional value found on the dead. These items, as well as unidentified items, will be sent in sealed packages, accompanied by a declaration giving all the details necessary to identify the deceased possessor, as well as a complete inventory of the package.
ARTICLE 17. – The Parties to the conflict will ensure that the burial or cremation of the dead, carried out individually to the fullest extent that circumstances permit, is preceded by a careful and if possible medical examination of the bodies, with a view to to note the death, to establish the identity and to be able to report it. Half of the double identity tag or the tag itself, if it is a single tag, will remain on the corpse.
Bodies may only be cremated for imperative reasons of hygiene or reasons arising from the religion of the deceased. In the event of cremation, detailed mention will be made, with an indication of the reasons, on the death certificate or on the authenticated death list.
The Parties to the conflict will also ensure that the dead are buried honorably, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, suitably maintained and marked. so that they can always be found. For this purpose and at the start of hostilities, they will officially organize a Graves Service, in order to allow possible exhumations, to ensure the identification of corpses, whatever the location of the graves, and their possible return to their country of origin. 'origin. These provisions also apply to ashes which will be kept by the Graves Service until the country of origin makes known the final arrangements it wishes to make on this subject.
As soon as circumstances permit and at the latest at the end of hostilities, these services will exchange, through the information office mentioned in the second paragraph of Article 16, lists indicating the exact location and designation of graves. , as well as information relating to the dead buried there.
ARTICLE 18. – The military authority may appeal to the charitable zeal of the inhabitants to collect and care for the wounded and sick on a voluntary basis, under its control, by granting those who responded to this appeal the necessary protection and facilities. In the event that the opposing party comes to take or regain control of the region, it will maintain this protection and these facilities for these people.
The military authority must authorize residents and relief societies, even in invaded or occupied regions, to spontaneously collect and care for the wounded or sick, whatever nationality they belong. The civilian population must respect these wounded and sick people and in particular not carry out any acts of violence against them.
No one should ever be worried or condemned for providing care to the injured or sick.
The provisions of this article do not exempt the Occupying Power from the obligations incumbent on it, in the health and moral fields, with regard to the wounded and sick.
CHAPTER III. HEALTH TRAINING AND ESTABLISHMENTS
ARTICLE 19. – Fixed establishments and mobile health units of the Health Service may not under any circumstances be the object of attacks, but will at all times be respected and protected by the Parties to the conflict. If they fall into the hands of the opposing party, they will be able to continue to operate as long as the Capturing Power has not itself provided the necessary care to the wounded and sick found in these establishments and formations.
The competent authorities shall ensure that the medical establishments and formations mentioned above are, as far as possible, located in such a way that possible attacks against military objectives cannot put these medical establishments and formations in danger.
ARTICLE 20. – Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked of Armed Forces at Sea of August 12, 1949, must not be attacked from land .
ARTICLE 21. – The protection due to fixed establishments and mobile medical units of the Health Service may only cease if they are used to commit, outside of their humanitarian duties, acts harmful to the enemy. However, the protection will only cease after a summons setting, in all appropriate cases, a reasonable period and which would have remained without effect.
ARTICLE 22. – Will not be considered as being likely to deprive a health facility or establishment of the protection provided by Article 19:
1. the fact that the personnel of the formation or establishment are armed and that they use their weapons for their own defense or that of their wounded and sick;
2. the fact that in the absence of armed nurses, the formation or establishment is guarded by a picket or sentries or an escort;
3. the fact that in the formation or establishment there are portable weapons and ammunition withdrawn from the wounded and sick and not yet handed over to the competent service;
4. the fact that personnel and equipment from the veterinary service are in the training or establishment, without being an integral part of it;
5. the fact that the humanitarian activity of medical units and establishments or their personnel is extended to injured or sick civilians.
ARTICLE 23. – From time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties to the conflict, may create zones on their own territory and, if necessary, on occupied territories. and health localities organized in such a way as to protect the wounded and sick from the effects of war as well as the personnel responsible for the organization and administration of these zones and localities and the care to be given to people who are will find them concentrated there.
From the start of a conflict and during it, the interested Parties may conclude agreements between themselves for the recognition of the health zones and localities that they have established. To this end, they may bring into force the provisions provided for in the draft agreement annexed to this Convention, possibly making modifications that they deem necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices to facilitate the establishment and recognition of these health zones and localities.
CHAPTER IV. STAFF
ARTICLE 24. – Medical personnel exclusively assigned to the search, removal, transport or treatment of the wounded and sick or to the prevention of diseases, personnel exclusively assigned to the administration of health facilities and establishments, as well as that chaplains attached to the armed forces will be respected and protected in all circumstances.
ARTICLE 25. – Soldiers specially trained to be, where applicable, employed as auxiliary nurses or stretcher bearers in the search or removal, transport or treatment of the wounded and sick, will also be respected and protected if they fulfill these functions the moment they come into contact with the enemy or fall into his power.
ARTICLE 26. – Are assimilated to the personnel referred to in Article 24, the personnel of the National Societies of the Red Cross and that of other voluntary relief societies, duly recognized and authorized by their government, who will be employed in the same functions as those of the personnel referred to in said article, subject to the reservation that the personnel of these companies will be subject to military laws and regulations.
Each High Contracting Party will notify the other, either in time of peace, or at the opening or during hostilities, in any case before any effective employment, of the names of the companies which it has authorized to lend their assistance, under his responsibility, to the official health service of his armies.
ARTICLE 27. – A recognized company of a neutral country may only lend the assistance of its personnel and health facilities to a Party to the conflict with the prior consent of its own government and the authorization of the Party to the conflict. herself. This personnel and this training will be placed under the control of this Party to the conflict.
The neutral government will notify this assent to the opposing party of the State which accepts this assistance. The Party to the conflict which has accepted this assistance is required, before any use, to notify the opposing party.
Under no circumstances should this competition be considered as an interference in the conflict.
The members of the staff referred to in the first paragraph must be duly provided with the identity documents provided for in Article 40 before leaving the neutral country to which they belong.
ARTICLE 28. – The personnel designated in articles 24 and 26 will only be retained, if they fall into the power of the opposing party, to the extent that the health state, spiritual needs and the number of prisoners of war require it. .
Personnel who are thus detained will not be considered prisoners of war. However, they will benefit at least from all the provisions of the Geneva Convention relating to the treatment of prisoners of war of August 12, 1949. They will continue to exercise, within the framework of the military laws and regulations of the Detaining Power, under the authority of its competent services and in accordance with their professional conscience, their medical or spiritual functions for the benefit of prisoners of war preferably belonging to the armed forces to which they belong. They will also benefit, for the exercise of their medical or spiritual mission, from the following facilities:
a) They will be authorized to periodically visit prisoners of war in work detachments or in hospitals located outside the camp. The detaining authority will provide them with the necessary means of transport for this purpose.
b) In each camp, the most senior military doctor in the highest rank will be responsible to the military authorities of the camp for all matters relating to the activities of the retained medical personnel. To this end, the Parties to the conflict will agree from the start of hostilities regarding the correspondence of the ranks of their medical personnel, including those of the companies referred to in Article 26. For all questions relating to their mission, this doctor, as well as chaplains, will have direct access to the competent camp authorities. These will give them all the necessary facilities for correspondence relating to these questions.
c) Although they are subject to the internal discipline of the camp in which they are located, the retained personnel cannot be required to do any work unrelated to their medical or religious mission.
During the hostilities, the Parties to the conflict will agree on the possible replacement of retained personnel and will establish the modalities.
None of the preceding provisions exempts the Detaining Power from the obligations incumbent on it with regard to prisoners of war in the health and spiritual fields.
ARTICLE 29. – The personnel designated in Article 25, who have fallen into the hands of the enemy, will be considered prisoners of war, but they will be employed in medical missions as long as the need arises.
ARTICLE 30. – Personnel whose retention is not essential under the provisions of Article 28, will be returned to the Party to the conflict to which they belong as soon as a path is opened for their return and military necessity will allow it.
Pending their removal, they will not be considered prisoners of war. However, they will at least benefit from all the provisions of the Geneva Convention relative to the treatment of prisoners of war of August 12, 1949. They will continue to fulfill their functions under the direction of the opposing party and will preferably be assigned to the care of the wounded. and sick of the Party to the conflict to which they belong.
On their departure, they will take the effects, personal objects, securities and instruments that belong to them.
ARTICLE 31. – The choice of personnel whose referral to the Party to the conflict is provided for under the terms of Article 30 will be made to the exclusion of any consideration of race, religion or political opinion, preferably according to the chronological order of their capture and their state of health.
From the outbreak of hostilities, the Parties to the conflict may fix by special agreement the percentage of personnel to be retained according to the number of prisoners and their distribution in the camps.
ARTICLE 32. – The persons designated in article 27, who have fallen into the power of the opposing party, cannot be retained.
Unless otherwise agreed, they will be authorized to return to their country or, failing that, the territory of the Party to the conflict in whose service they were placed, as soon as a route is opened for their return and military requirements permit.
Pending their dismissal, they will continue to fulfill their functions under the direction of the opposing party; they shall preferably be assigned to the care of the wounded and sick of the Party to the conflict in whose service they were placed.
On their departure, they will take away the effects, personal objects and valuables, instruments, weapons and if possible the means of transport which belong to them.
The Parties to the conflict will ensure to this personnel, while it is in their power, the same maintenance, the same housing, the same allowances and the same pay as the corresponding personnel of their army. The food will in any case be sufficient in quantity, quality and variety to ensure those concerned have a normal balance of health.
CHAPTER V. BUILDINGS AND EQUIPMENT
ARTICLE 33. – The equipment of mobile medical units of the armed forces which have fallen into the power of the opposing party will remain assigned to the wounded and sick.
The buildings, equipment and depots of fixed medical establishments of the armed forces will remain subject to the laws of war, but cannot be diverted from their use as long as they are necessary for the wounded and sick. However, the commanders of armies in the field may use them in the event of urgent military necessity, subject to having previously taken the necessary measures for the well-being of the sick and wounded who are treated there.
The equipment and deposits referred to in this article must not be intentionally destroyed.
ARTICLE 34. – The movable and immovable property of relief societies admitted to the benefit of the Convention will be considered private property.
The right of requisition recognized by belligerents by the laws and customs of war will only be exercised in cases of urgent necessity and once the fate of the wounded and sick has been assured.
CHAPTER VI. SANITARY TRANSPORT
ARTICLE 35. – Transport of wounded and sick people or medical equipment will be respected and protected in the same way as mobile medical units.
When these transports or vehicles fall into the hands of the opposing party, they will be subject to the laws of war, on the condition that the Party to the conflict which has captured them takes care, in all cases, of the wounded and sick they carry. contain.
The civilian personnel and all the means of transport coming from the requisition will be subject to the general rules of international law.
ARTICLE 36. – Medical aircraft, that is to say aircraft used exclusively for the evacuation of the wounded and sick as well as for the transport of medical personnel and equipment, will not be the object of attacks but will be respected by the belligerents during the flights which they carry out at altitudes, at times and following routes specifically agreed between all the belligerents concerned.
They will conspicuously bear the distinctive sign provided for in Article 38, alongside the national colors, on their lower, upper and side faces. They will be equipped with any other signaling or means of recognition fixed by agreement between the belligerents either at the start or during the hostilities.
Unless otherwise agreed, flying over enemy or enemy-occupied territory will be prohibited.
Medical aircraft must obey any summons to land. In the event of a landing thus imposed, the aircraft, with its occupants, may resume its flight after possible inspection.
In the event of an accidental landing on enemy territory or occupied by the enemy, the wounded and sick, as well as the crew of the aircraft, will be prisoners of war. Health personnel will be treated in accordance with articles 24 et seq.
ARTICLE 37. – Medical aircraft of the Parties to the conflict may, subject to the second paragraph, fly over the territory of the neutral Powers and land or ditch there if necessary or to make a stopover. They must notify the neutral Powers in advance of their passage through their territory and obey any summons to land or ditch. They will only be safe from attack while flying at altitudes, at times and following routes specifically agreed between the Parties to the conflict and the neutral Powers concerned.
However, neutral Powers may set conditions or restrictions regarding the flight over their territory by medical aircraft or their landing. These possible conditions or restrictions will be applied equally to all Parties to the conflict.
The wounded or sick disembarked, with the consent of the local authority, on neutral territory by a medical aircraft, must, unless otherwise agreed by the neutral State with the Parties to the conflict, be guarded by the State. neutral, when international law requires it, so that they cannot again take part in the operations of war. Hospitalization and internment costs will be borne by the Power on which the wounded and sick depend.
CHAPTER VII. OF THE DISTINCTIVE SIGN
ARTICLE 38. – As a tribute to Switzerland, the heraldic sign of the red cross on a white background, formed by inversion of the federal colors, is maintained as the emblem and distinctive sign of the Armed Health Service.
However, for countries which already use as a distinctive emblem instead of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also admitted within the meaning of the present Convention.
ARTICLE 39. – Under the control of the competent military authority, the emblem will appear on flags, armbands as well as on all equipment attached to the Health Service.
ARTICLE 40. – The personnel referred to in Article 24, and in Articles 26 and 27, will wear, attached to the left arm, a moisture-resistant armband bearing the distinctive sign, issued and stamped by the military authority.
These personnel, in addition to the identity plate provided for in article 16, will also carry a special identity card bearing the distinctive sign. This card must resist humidity and be of such dimensions that it can be put in your pocket. It will be written in the national language and will mention at least the first and last name, date of birth, rank and service number of the person concerned. It will establish in what capacity he is entitled to the protection of this Convention. The card will be provided with the holder's photograph and, in addition, either his signature, his fingerprints, or both. It will bear the dry stamp of military authority.
The identity card must be uniform in each army and as far as possible of the same type in the armies of the High Contracting Parties. The Parties to the conflict may draw inspiration from the model annexed as an example to this Convention. They will communicate to each other, at the start of hostilities, the model they are using. Each identity card will be drawn up, if possible, in at least two copies, one of which will be kept by the Power of origin.
Under no circumstances may the personnel mentioned above be deprived of their badges or their identity card or the right to wear their armband. In the event of loss, he will have the right to obtain duplicates of the card and replacement of the badges.
ARTICLE 41. – The personnel designated in Article 25 will wear, only while performing medical functions, a white armband bearing the distinctive sign in the middle, but of reduced dimensions, issued and stamped by the military authority.
The military identity documents which these personnel will carry will specify the health training received by the holder, the temporary nature of their functions and the right they have to wear the armband.
ARTICLE 42. – The distinctive flag of the Convention may only be displayed on medical formations and establishments that it orders to be respected and only with the consent of the military authority.
In mobile formations as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the formation or establishment belongs.
However, medical units that have fallen into the power of the enemy will only display the flag of the Convention. The Parties to the conflict will take, to the extent that military requirements permit, the necessary measures to make clearly visible to enemy land, air and maritime forces, the distinctive emblems marking medical formations and establishments, with a view to preventing the possibility of any aggressive action.
ARTICLE 43. – Medical units of neutral countries which, under the conditions provided for in Article 27, have been authorized to lend their services to a belligerent, must display, with the flag of the Convention, the national flag of this belligerent, if he uses the power conferred on him by article 42.
Unless otherwise ordered by the competent military authority, they may in all circumstances display their national flag, even if they fall into the power of the opposing party.
ARTICLE 44. – The emblem of the red cross on a white background and the words “red cross” or “Geneva cross” may not, with the exception of the cases referred to in the following paragraphs of this article, be used, either in time of peace, or in time of war, to designate or protect medical formations and establishments, personnel and equipment protected by this Convention and by other international Conventions regulating similar matters. The same will apply to the emblems referred to in Article 38, second paragraph, for the countries which use them. National Red Cross Societies and other societies referred to in Article 26 will only be entitled to use the distinctive sign conferring the protection of the Convention within the framework of the provisions of this paragraph.
In addition, National Red Cross Societies (Red Crescent, Red Lion and Red Sun) may in times of peace, in accordance with national legislation, use the name and emblem of the Red Cross for their other activities consistent with the principles formulated by the International Conferences of the Red Cross. When these activities continue in time of war, the conditions of use of the emblem must be such that it cannot be considered as intended to confer the protection of the Convention; the emblem will be relatively small and cannot be affixed to an armband or a roof.
International organizations of the Red Cross and their duly authorized personnel shall be authorized to use the sign of the red cross on a white background at all times.
Exceptionally, in accordance with national legislation, and with the express authorization of one of the National Societies of the Red Cross (Red Crescent, Red Lion and Red Sun), use may be made of the emblem of the Convention in peacetime, to indicate vehicles used as ambulances and to mark the location of aid stations exclusively reserved for free care to be given to the wounded or sick.
CHAPTER VIII. OF THE EXECUTION OF THE AGREEMENT
ARTICLE 45. – Each Party to the conflict, through its commanders-in-chief, will have to provide for the details of execution of the preceding articles, as well as in cases not provided for, in accordance with the general principles of this Convention.
ARTICLE 46. – Reprisal measures against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.
ARTICLE 47. – The High Contracting Parties undertake to disseminate as widely as possible, in time of peace and in time of war, the text of this Convention in their respective countries, and in particular to incorporate its study into the programs of military and, if possible, civil instruction, in such a way that the principles are known to the entire population, in particular the fighting armed forces, medical personnel and chaplains.
ARTICLE 48. – The High Contracting Parties will communicate to each other through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations that they may be. required to adopt to ensure its application.
CHAPTER IX. PUNISHMENT OF ABUSE AND OFFENSES
ARTICLE 49. – The High Contracting Parties undertake to take all necessary legislative measures to establish the appropriate criminal sanctions to be applied to persons having committed, or given orders to commit, one or other of the serious offenses under the this Convention defined in the following article.
Each Contracting Party shall have the obligation to search for persons accused of having committed, or to have ordered to be committed, one or other of these serious offenses, and it shall refer them to its own courts, regardless of their nationality. It may also, if it prefers, and according to the conditions provided for by its own legislation, hand them over for trial to another Contracting Party interested in the proceedings, provided that this Contracting Party has brought sufficient charges against the said persons.
Each Contracting Party shall take the necessary measures to put an end to acts contrary to the provisions of this Convention, other than serious breaches defined in the following article.
In all circumstances, the accused shall benefit from guarantees of procedure and freedom of defense which shall not be inferior to those provided for by articles 105 and following of the Geneva Convention relative to the treatment of prisoners of war of August 12, 1949.
ARTICLE 50. – The serious offenses referred to in the preceding article are those which involve one or other of the following acts, if committed against persons or property protected by the Convention: intentional homicide, torture or inhuman treatment, including biological experiments, intentionally causing great suffering or serious harm to body or health, destruction and appropriation of property, not justified by necessity military and executed on a large scale in an illicit and arbitrary manner.
ARTICLE 51. – No Contracting Party may exempt itself, or another Contracting Party, from responsibilities incurred by itself or by another Contracting Party as a result of the offenses provided for in the preceding article.
ARTICLE 52. – At the request of a Party to the conflict, an investigation must be opened, according to the method to be agreed between the Parties concerned, regarding any alleged violation of the Convention.
If an agreement on the investigation procedure is not reached, the Parties will agree to choose an arbitrator, who will decide on the procedure to follow.
Once the violation has been established, the Parties to the conflict shall put an end to it and punish it as soon as possible.
ARTICLE 53. – The use by individuals, companies or commercial houses, whether public or private, other than those entitled thereto under this Convention, of the emblem or the name “red cross” or “ Geneva cross", as well as any sign or any name constituting an imitation, will be prohibited at all times, whatever the purpose of this use and whatever the previous date of adoption may have been.
Due to the homage paid to Switzerland by the adoption of inverted federal colors and the confusion which may arise between the coat of arms of Switzerland and the distinctive sign of the Convention, the use by individuals, companies or houses of commerce, the coat of arms of the Swiss Confederation, as well as any sign constituting an imitation, either as a trademark or as an element of these trademarks, either for a purpose contrary to commercial loyalty, or under conditions likely to hurt Swiss national sentiment, will be prohibited at all times.
However, the High Contracting Parties which were not parties to the Geneva Convention of July 27, 1929 may grant previous users of the emblems, names or marks referred to in the first paragraph, a maximum period of three years, from the entry into force. of this Convention, to abandon its use, it being understood that during this period, the use cannot appear, in time of war, as aiming to confer the protection of the Convention.
The prohibition established by the first paragraph of this article also applies, without effect on the acquired rights of previous users, to the emblems and names provided for in the second paragraph of article 38.
ARTICLE 54. – The High Contracting Parties, whose legislation is not currently sufficient, will take the necessary measures to prevent and repress at all times the abuses referred to in Article 53.
FINAL PROVISIONS
ARTICLE 55. – This Agreement is drawn up in French and English. Both texts are equally authentic. The Swiss Federal Council will have official translations of the Convention established in Russian and Spanish.
ARTICLE 56. – This Convention, which will bear today's date, may, until February 12, 1950, be signed in the name of the Powers represented at the Conference which opened in Geneva on April 21, 1949, as well as the Powers not represented at this Conference which participate in the Geneva Conventions of 1864, 1906 or 1929, for the improvement of the lot of the wounded and sick in armies in the field.
ARTICLE 57. – This Convention will be ratified as soon as possible and the ratifications will be deposited in Berne.
A report will be drawn up of the deposit of each instrument of ratification, a certified copy of which will be given by the Swiss Federal Council to all the Powers in whose name the Convention has been signed or accession notified.
ARTICLE 58. – This Convention will enter into force six months after at least two instruments of ratification have been deposited.
Subsequently, it will come into force for each High Contracting Party six months after the deposit of its instrument of ratification.
ARTICLE 59. – This Convention replaces the Conventions of August 22, 1864, July 6, 1906 and July 27, 1929 in relations between the High Contracting Parties.
ARTICLE 60. – From the date of its entry into force, this Convention will be open to accession by any Power in whose name this Convention has not been signed.
ARTICLE 61. – Accessions will be notified in writing to the Swiss Federal Council and will take effect six months after the date on which they reach it.
The Swiss Federal Council will communicate the accessions to all the Powers in whose name the Convention has been signed or the accession notified.
ARTICLE 62. – The situations provided for in Articles 2 and 3 will give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the start of hostilities or occupation. The communication of ratifications or accessions received from the Parties to the conflict will be made by the Swiss Federal Council by the quickest route.
ARTICLE 63. – Each of the High Contracting Parties shall have the right to denounce this Convention.
The denunciation will be notified in writing to the Swiss Federal Council. The latter shall communicate the notification to the Governments of all the High Contracting Parties.
The denunciation will take effect one year after its notification to the Swiss Federal Council. However, the denunciation notified while the denouncing Power is involved in a conflict, will produce no effect as long as peace has not been concluded and, in any case, as long as the operations of liberation and repatriation of persons protected by this Agreement will not be terminated.
The denunciation will be valid only against the denouncing Power. It will have no effect on the obligations that the Parties to the conflict will remain required to fulfill by virtue of the principles of international law as they result from customs established between civilized nations, from the laws of humanity and from the demands of conscience. public.
ARTICLE 64. – The Swiss Federal Council will register this Convention with the Secretariat of the United Nations. The Swiss Federal Council will also inform the United Nations Secretariat of all ratifications, accessions and denunciations that it may receive regarding this Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed this Convention.
DONE at Geneva, on August 12, 1949, in the French and English languages, the original to be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council will transmit a certified copy of the Convention to each of the signatory States, as well as to the States which have acceded to the Convention.
(Designation of plenipotentiaries)
[ANNEX I. DRAFT AGREEMENT RELATING TO HEALTH ZONES AND LOCALITIES
FIRST ARTICLE. – The health zones will be reserved strictly for the people mentioned in article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, as well as for the personnel responsible for the organization and administration of these areas and localities and the care to be given to the people who will be concentrated there.
However, people who have their permanent residence within these zones will have the right to stay there.
ARTICLE 2. – Persons found, in whatever capacity whatsoever, in a health zone, must not engage in any work which would have a direct relationship with military operations or the production of war material either inside or outside this area.
ARTICLE 3. – The Power which creates a health zone will take all appropriate measures to prohibit access to all persons who do not have the right to go there or be there.
ARTICLE 4. – Sanitary zones will meet the following conditions:
a) they will represent only a small part of the territory controlled by the Power which created them;
b) they must be sparsely populated in relation to their capacity to accommodate;
(c) they shall be remote and free from any military objective and any important industrial or administrative installation;
(d) they will not be located in areas which, in all likelihood, may be of importance for the conduct of war.
ARTICLE 5. – Sanitary zones will be subject to the following obligations:
a) the communication routes and the means of transport that they may include will not be used for the movement of personnel or military equipment, even in simple transit;
b) they will not be militarily defended under any circumstances.
ARTICLE 6. – Sanitary zones will be designated by red crosses (red crescents, red lions and suns) on a white background affixed to the periphery and on buildings.
At night, they can also be illuminated with appropriate lighting.
ARTICLE 7. – From time of peace or at the outbreak of hostilities, each Power will communicate to all the High Contracting Parties the list of health zones established on the territory it controls. She will inform them of any new zones created during a conflict.
As soon as the opposing party has received the notification mentioned above, the zone will be duly constituted.
If, however, the opposing party considers that one of the conditions set out in this agreement is clearly not met, it may refuse to recognize the zone by urgently communicating its refusal to the party to which the zone falls, or subordinate its recognition to the institution of the control provided for in Article 8.
ARTICLE 8. – Each Power, which has recognized one or more health zones established by the opposing party, will have the right to request that one or more special commissions control whether the zones fulfill the conditions and obligations set out in this agreement.
To this end, members of the special commissions will have free access to the different areas at all times and may even reside there permanently. Every facility will be granted to them so that they can carry out their control mission.
ARTICLE 9. – In the event that the special commissions note facts which appear to them to be contrary to the stipulations of this agreement, they will immediately notify the Power responsible for the area and give it a maximum period of five days to remedy the situation; they will inform the Power which has recognized the area.
If, at the expiration of this period, the Power on which the zone depends has not responded to the warning sent to it, the opposing party may declare that it is no longer bound by this agreement to with regard to this area.
ARTICLE 10. – The Power which has created one or more health zones and localities, as well as the opposing parties to whom their existence has been notified, will appoint, or have designated by neutral Powers, the persons who may be part of the special commissions of which it is mentioned in articles 8 and 9.
ARTICLE 11. – Health zones cannot, under any circumstances, be attacked, but will at all times be protected and respected by the Parties to the conflict.
ARTICLE 12. – In the event of occupation of a territory, the health zones located there must continue to be respected and used as such.
However, the Occupying Power may modify its use after ensuring the fate of the people collected there.
ARTICLE 13. – This agreement will also apply to localities that the Powers assign for the same purpose as health zones.
ANNEX II
Model identity card for members of health and religious personnel.
