Section 10p. 10

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Such personnel, in addition to wearing the identity disc

mentioned in Article 16, shall also carry a special identity

card bearing the distinctive emblem. This card shall be

water-resistant and of such size that it can be carried in

the pocket. It shall be worded in the national language,

shall mention at least the surname and first names, the

date of birth, the rank and the service number of the

bearer, and shall state in what capacity he is entitled to

the protection of the present Convention. The card shall

bear the photograph of the owner and also either his

signature

or

his

finger-prints

or

both.

It

shall

be

embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same

armed forces and, as far as possible, of a similar type in

the armed forces of the High Contracting Parties. The

Parties to the conflict may be guided by the model which

is annexed, by way of example, to the present Convention.

They shall inform each other, at the outbreak of hostilities,

of the model they are using. Identity cards should be

made out, if possible, at least in duplicate, one copy being

kept by the home country.

In no circumstances may the said personnel be deprived

of their insignia or identity cards nor of the right to wear

the armlet. In case of loss, they shall be entitled to receive

duplicates of the cards and to have the insignia replaced.

Art. 41. The personnel designated in Article 25 shall wear,

but only while carrying out medical duties, a white armlet

bearing in its centre the distinctive sign in miniature; the

armlet shall be issued and stamped by the military

authority.

Military identity documents to be carried by this type of

personnel shall specify what special training they have

received, the temporary character of the duties they are

engaged

upon,

and

their authority for wearing the

armlet.

Art. 42. The distinctive flag of the Convention shall be

hoisted only over such medical units and establishments

as are entitled to be respected under the Convention, and

only with the consent of the military authorities. In

mobile

units, as in fixed establishments, it may be

accompanied by the national flag of the Party to the

conflict to which the unit or establishment belongs.

Nevertheless, medical units which have fallen into the

hands of the enemy shall not fly any flag other than that

of the Convention. Parties to the conflict shall take the

necessary

steps,

in so far as military considerations

permit,

to

make the distinctive emblems indicating

medical units and establishments clearly visible to the

enemy land, air or naval forces, in order to obviate the

possibility of any hostile action.

Art. 43. The medical units belonging to neutral countries,

which may have been authorized to lend their services to

a belligerent under the conditions laid down in Article 27,

shall fly, along with the flag of the Convention, the

national flag of that belligerent, wherever the latter

makes use of the faculty conferred on him by Article 42.

Subject to orders to the contrary by the responsible

military authorities, they may on all occasions fly their

national flag, even if they fall into the hands of the

adverse Party.

Art. 44. With the exception of the cases mentioned in the

following paragraphs of the present Article, the emblem

of the red cross on a white ground and the words " Red

Cross" or " Geneva Cross " may not be employed, either in

time of peace or in time of war, except to indicate or to

protect

the

medical

units

and

establishments,

the

personnel

and

material

protected

by

the

present

Convention and other Conventions dealing with similar

matters. The same shall apply to the emblems mentioned

in

Article

38,

second

paragraph,

in

respect

of

the

countries

which

use

them.

The National Red Cross

Societies and other societies designated in Article 26 shall

have the right to use the distinctive emblem conferring

the

protection

of

the

Convention

only

within

the

framework of the present paragraph.

Furthermore, National Red Cross (Red Crescent, Red Lion

and Sun) Societies may, in time of peace, in accordance

with their national legislation, make use of the name and

emblem of the Red Cross for their other activities which

are in conformity with the principles laid down by the

International

Red

Cross

Conferences.

When

those

activities are carried out in time of war, the conditions for

the use of the emblem shall be such that it cannot be

considered

as

conferring

the

protection

of

the

Convention; the emblem shall be comparatively small in

size and may not be placed on armlets or on the roofs of

buildings.

The international Red Cross organizations and their duly

authorized personnel shall be permitted to make use, at

all times, of the emblem of the red cross on a white

ground.

As an exceptional measure, in conformity with national

legislation and with the express permission of one of the

National Red Cross (Red Crescent, Red Lion and Sun)

Societies,

the

emblem

of

the

Convention

may

be

employed in time of peace to identify vehicles used as

ambulances and to mark the position of aid stations

exclusively

assigned

to

the

purpose

of

giving

free

treatment to the wounded or sick.

Chapter VIII. Execution of the Convention

Art. 45. Each Party to the conflict, acting through its

Commanders-in-Chief,

shall

ensure

the

detailed

execution of the preceding Articles, and provide for

unforeseen

cases,

in

conformity

with

the

general

principles of the present Convention.

Art. 46. Reprisals against the wounded, sick, personnel,

buildings or equipment protected by the Convention are

prohibited.

Art. 47. The High Contracting Parties undertake, in time of

peace as in time of war, to disseminate the text of the

present

Convention

as

widely

as

possible

in

their

respective countries, and, in particular, to include the

study thereof in their programmes of military and, if

possible, civil instruction, so that the principles thereof

may become known to the entire population, in particular

to the armed fighting forces, the medical personnel and

the chaplains.

Art. 48. The High Contracting Parties shall communicate

to one another through the Swiss Federal Council and,

during hostilities, through the Protecting Powers, the

official translations of the present Convention, as well as

the laws and regulations which they may adopt to ensure

the application thereof.

Chapter IX. Repression of Abuses and

Infractions

Art. 49. The High Contracting Parties undertake to enact

any

legislation

necessary

to

provide

effective

penal

sanctions for persons committing, or ordering to be

committed, any of the grave breaches of the present

Convention defined in the following Article.

Each

High

Contracting

Party

shall

be

under

the

obligation

to

search

for

persons

alleged

to

have

committed, or to have ordered to be committed, such

grave breaches, and shall bring such persons, regardless

of their nationality, before its own courts. It may also, if it

prefers, and in accordance with the provisions of its own

legislation, hand such persons over for trial to another

High Contracting Party concerned, provided such High

Contracting Party has made out a prima facie case.

Each

High

Contracting

Party

shall

take

measures

necessary for the suppression of all acts contrary to the

provisions of the present Convention other than the grave

breaches defined in the following Article.

© Compiled by RGL

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