Section 14p. 14

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

medical personnel and chaplains, 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.

Chapter II. Wounded, Sick and Shipwrecked

Art 12. Members of the armed forces and other persons

mentioned in the following Article, who are at sea and

who are wounded, sick or shipwrecked, shall be respected

and protected in all circumstances, it being understood

that the term "shipwreck" means shipwreck from any

cause and includes forced landings at sea by or from

aircraft.

Such persons shall be treated humanely and cared for by

the Parties to the conflict in whose power they may be,

without any adverse distinction founded on sex, race,

nationality, religion, political opinions, or any other similar

criteria. Any attempts upon their lives, or violence to their

persons, shall be strictly prohibited; in particular, they

shall not be murdered or exterminated, subjected to

torture or to biological experiments; they shall not wilfully

be left without medical assistance and care, nor shall

conditions exposing them to contagion or infection be

created.

Only urgent medical reasons will authorize priority in the

order of treatment to be administered.

Women shall be treated with all consideration due to

their sex.

Art

13.

The

present

Convention

shall

apply

to

the

wounded, sick and shipwrecked at sea belonging to the

following categories:

(1) Members of the armed forces of a Party to the conflict,

as well as members of militias or volunteer corps forming

part of such 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

operating in or outside their own territory, even if this

territory

is

occupied,

provided

that

such militias or

volunteer

corps,

including such organized resistance

movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for

his subordinates;

(b) that of having a fixed distinctive sign recognizable at a

distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance

with the laws and customs of war.

(3)

Members

of

regular

armed

forces

who

profess

allegiance

to

a

Government

or

an

authority

not

recognized by the Detaining Power.

(4) Persons who accompany the armed forces without

actually

being

members

thereof,

such

as

civilian

members of military aircraft crews, war correspondents,

supply contractors, members of labour units or of services

responsible for the welfare of the armed forces, provided

that they have received authorization from the armed

forces which they accompany.

(5) Members of crews, including masters, pilots and

apprentices, of the merchant marine and the crews of

civil aircraft of the Parties to the conflict, who do not

benefit by more favourable treatment under any other

provisions of international law.

(6) Inhabitants of a non-occupied territory who, on the

approach of the enemy, spontaneously take up arms to

resist the invading forces, without having had time to

form themselves into regular armed units, provided they

carry arms openly and respect the laws and customs of

war.

Art 14. All warships of a belligerent Party shall have the

right to demand that the wounded, sick or shipwrecked

on

board

military hospital ships, and hospital ships

belonging to relief societies or to private individuals, as

well as merchant vessels, yachts and other craft shall be

surrendered, whatever their nationality, provided that the

wounded and sick are in a fit state to be moved and that

the warship can provide adequate facilities for necessary

medical treatment.

Art 15. If wounded, sick or shipwrecked persons are taken

on board a neutral warship or a neutral military aircraft, it

shall be ensured, where so required by international law,

that they can take no further part in operations of war.

Art 16. Subject to the provisions of Article 12, the wounded,

sick and shipwrecked of a belligerent who fall into enemy

hands shall be prisoners of war, and the provisions of

international law concerning prisoners of war shall apply

to

them.

The

captor

may

decide,

according

to

circumstances, whether it is expedient to hold them, or to

convey them to a port in the captor's own country, to a

neutral port or even to a port in enemy territory. In the

last case, prisoners of war thus returned to their home

country may not serve for the duration of the war.

Art 17. Wounded, sick or shipwrecked persons who are

landed in neutral ports with the consent of the local

authorities, shall, failing arrangements to the contrary

between the neutral and the belligerent Powers, be so

guarded by the neutral Power, where so required by

international law, that the said persons cannot again take

part in operations of war.

The costs of hospital accommodation and internment

shall be borne by the Power on whom the wounded, sick

or shipwrecked persons depend.

Art 18. After each engagement, Parties to the conflict

shall, without delay, take all possible measures to search

for and collect the shipwrecked, wounded and sick, to

protect them against pillage and ill-treatment, to ensure

their adequate care, and to search for the dead and

prevent their being despoiled.

Whenever

circumstances

permit,

the

Parties to the

conflict

shall

conclude

local

arrangements

for

the

removal of the wounded and sick by sea from a besieged

or encircled area and for the passage of medical and

religious personnel and equipment on their way to that

area.

Art 19. The Parties to the conflict shall record as soon as

possible, in respect of each shipwrecked, wounded, sick

or dead person of the adverse Party falling into their

hands,

any

particulars

which

may

assist

in

his

identification. These records should if possible include:

(a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

(f) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of

death.

As soon as possible the above-mentioned information

shall be forwarded to the information bureau described in

Article 122 of the Geneva Convention relative to the

Treatment of Prisoners of War of August 12, 1949, which

shall transmit this information to the Power on which

these persons depend through the intermediary of the

Protecting Power and of the Central Prisoners of War

Agency.

Parties to the conflict shall prepare and forward to each

other through the same bureau, certificates of death or

© Compiled by RGL

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