Section 13p. 13

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(1)

Persons

taking

no

active

part

in

the

hostilities,

including members of armed forces who have laid down

their arms and those placed hors de 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:

(a) violence to life and person, in particular murder of all

kinds, mutilation, 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 judgement pronounced by a

regularly

constituted

court,

affording

all the judicial

guarantees which are recognized as indispensable by

civilized peoples.

(2) The wounded, sick and shipwrecked 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.

Art 4. In case of hostilities between land and naval forces

of Parties to the conflict, the provisions of the present

Convention shall apply only to forces on board ship.

Forces put ashore shall immediately become subject to

the

provisions

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.

Art

5.

Neutral

Powers

shall

apply

by

analogy

the

provisions of the present Convention to the wounded,

sick and shipwrecked, and to members of the medical

personnel and to chaplains of the armed forces of the

Parties

to

the conflict received or interned in their

territory, as well as to dead persons found.

Art 6. In addition to the agreements expressly provided

for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, 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

wounded, sick and shipwrecked persons, of members of

the medical personnel or of chaplains, as defined by the

present

Convention,

nor

restrict the rights which it

confers upon them.

Wounded, sick and shipwrecked persons, as well as

medical personnel and chaplains, 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.

Art 7. Wounded, sick and shipwrecked persons, as well as

members of the medical personnel and chaplains, 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.

Art 8. 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. Their activities shall

only

be restricted as an exceptional and temporary

measure when this is rendered necessary by imperative

military necessities.

Art 9. 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 wounded, sick and

shipwrecked persons, medical personnel and chaplains,

and for their relief.

Art 10. The High Contracting Parties may at any time

agree to entrust to an organization which offers all

guarantees

of

impartiality

and

efficacy

the

duties

incumbent on the Protecting Powers by virtue of the

present Convention.

When

wounded,

sick

and

shipwrecked,

or

medical

personnel and chaplains 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

humanitarian

organization, such as the International

Committee of the Red Cross, to assume the humanitarian

functions performed by Protecting Powers under the

present Convention.

Any neutral Power, or any organization invited by the

Power concerned or offering itself 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

also

applies

to

substitute organizations in the sense of the present

Article.

Art 11. 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,

in

particular

of

the

authorities

responsible

for the wounded, sick and shipwrecked,

© Compiled by RGL

13 of 163