Section 11p. 11

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

In all circumstances, the accused persons shall benefit by

safeguards of proper trial and defence, which shall not be

less favourable than those provided by Article 105 and

those following, of the Geneva Convention relative to the

Treatment of Prisoners of War of 12 August 1949.

Art. 50. Grave breaches to which the preceding Article

relates shall be those involving any of the following acts, if

committed against persons or property protected by the

Convention: wilful killing, torture or inhuman treatment,

including biological experiments, wilfully causing great

suffering or serious injury to body or health, and extensive

destruction and appropriation of property, not justified by

military

necessity

and

carried

out

unlawfully

and

wantonly.

Art. 51. No High Contracting Party shall be allowed to

absolve itself or any other High Contracting Party of any

liability incurred by itself or by another High Contracting

Party in respect of breaches referred to in the preceding

Article.

Art. 52. At the request of a Party to the conflict, an enquiry

shall be instituted, in a manner to be decided between

the interested Parties, concerning any alleged violation of

the Convention.

If agreement has not been reached concerning the

procedure for the enquiry, the Parties should agree on

the choice of an umpire who will decide upon the

procedure to be followed.

Once the violation has been established, the Parties to

the conflict shall put an end to it and shall repress it with

the least possible delay.

Art.

53.

The

use

by

individuals,

societies,

firms

or

companies either public or private, other than those

entitled thereto under the present Convention, of the

emblem or the designation " Red Cross " or " Geneva

Cross

"

or

any

sign

or designation constituting an

imitation thereof, whatever the object of such use, and

irrespective of the date of its adoption, shall be prohibited

at all times.

By reason of the tribute paid to Switzerland by the

adoption of the reversed Federal colours, and of the

confusion

which

may

arise

between

the

arms

of

Switzerland

and

the

distinctive

emblem

of

the

Convention, the use by private individuals, societies or

firms, of the arms of the Swiss Confederation, or of marks

constituting an imitation thereof, whether as trademarks

or commercial marks, or as parts of such marks, or for a

purpose

contrary

to

commercial

honesty,

or

in

circumstances

capable

of

wounding

Swiss

national

sentiment, shall be prohibited at all times.

Nevertheless, such High Contracting Parties as were not

party to the Geneva Convention of 27 July 1929, may grant

to prior users of the emblems, designations, signs or

marks designated in the first paragraph, a time limit not

to exceed three years from the coming into force of the

present Convention to discontinue such use provided

that the said use shall not be such as would appear, in

time of war, to confer the protection of the Convention.

The prohibition laid down in the first paragraph of the

present Article shall also apply, without effect on any

rights acquired through prior use, to the emblems and

marks mentioned in the second paragraph of Article 38.

Art.

54.

The

High

Contracting

Parties shall, if their

legislation

is

not

already

adequate,

take

measures

necessary for the prevention and repression, at all times,

of the abuses referred to under Article 53.

Final Provisions

Art. 55. The present Convention is established in English

and in French. Both texts are equally authentic.

The

Swiss

Federal

Council

shall

arrange

for

official

translations of the Convention to be made in the Russian

and Spanish languages.

Art. 56. The present Convention, which bears the date of

this day, is open to signature until 12 February 1950, in the

name of the Powers represented at the Conference which

opened at Geneva on 21 April 1949; furthermore, by

Powers not represented at that Conference but which are

Parties to the Geneva Conventions of 1864, 1906 or 1929

for the Relief of the Wounded and Sick in Armies in the

Field.

Art. 57. The present Convention shall be ratified as soon as

possible and the ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each

instrument of ratification and certified copies of this

record shall be transmitted by the Swiss Federal Council

to all the Powers in whose name the Convention has

been signed, or whose accession has been notified.

Art. 58. The present Convention shall come into force six

months after not less than two instruments of ratification

have been deposited.

Thereafter,

it

shall

come

into

force

for

each

High

Contracting Party six months after the deposit of the

instrument of ratification.

Art. 59. The present Convention replaces the Conventions

of 22 August 1864, 6 July 1906, and 27 July 1929, in

relations between the High Contracting Parties.

Art. 60. From the date of its coming into force, it shall be

open

to

any

Power

in

whose

name

the

present

Convention has not been signed, to accede to this

Convention.

Art. 61. Accessions shall be notified in writing to the Swiss

Federal Council, and shall take effect six months after the

date on which they are received.

The

Swiss

Federal

Council

shall

communicate

the

accessions

to

all

the

Powers

in

whose

name

the

Convention has been signed, or whose accession has

been notified.

Art. 62. The situations provided for in Articles 2 and 3 shall

give immediate effect to ratifications deposited and

accessions notified by the Parties to the conflict before or

after the beginning of hostilities or occupation. The Swiss

Federal

Council

shall

communicate

by the quickest

method any ratifications or accessions received from

Parties to the conflict.

Art. 63. Each of the High Contracting Parties shall be at

liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss

Federal

Council,

which

shall

transmit

it

to

the

Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the

notification thereof has been made to the Swiss Federal

Council. However, a denunciation of which notification

has been made at a time when the denouncing Power is

involved in a conflict shall not take effect until peace has

been concluded, and until after operations connected

with release and repatriation of the persons protected by

the present Convention have been terminated.

The denunciation shall have effect only in respect of the

denouncing

Power.

It

shall

in

no

way

impair

the

obligations which the Parties to the conflict shall remain

bound to fulfil by virtue of the principles of the law of

nations,

as they result from the usages established

among civilized peoples, from the laws of humanity and

the dictates of the public conscience.

Art. 64. The Swiss Federal Council shall register the

present Convention with the Secretariat of the United

Nations. The Swiss Federal Council shall also inform the

Secretariat of the United Nations of all ratifications,

accessions and denunciations received by it with respect

to the present Convention.

In witness whereof the undersigned, having deposited

their respective full powers, have signed the present

Convention.

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