Section 15p. 15

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

duly authenticated lists of the dead. They shall likewise

collect and forward through the same bureau one half of

the double identity disc, or the identity disc itself if it is a

single disc, last wills or other documents of importance to

the next of kin, money and in general all articles of an

intrinsic or sentimental value, which are found on the

dead. These articles, together with unidentified articles,

shall

be

sent

in

sealed

packets,

accompanied

by

statements

giving

all

particulars

necessary

for

the

identification of the deceased owners, as well as by a

complete list of the contents of the parcel.

Art 20. Parties to the conflict shall ensure that burial at

sea

of

the

dead,

carried

out

individually

as

far as

circumstances

permit,

is

preceded

by

a

careful

examination, if possible by a medical examination, of the

bodies, with a view to confirming death, establishing

identity and enabling a report to be made. Where a

double identity disc is used, one half of the disc should

remain on the body.

If dead persons are landed, 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 shall be applicable.

Art 21. The Parties to the conflict may appeal to the

charity

of commanders of neutral merchant vessels,

yachts or other craft, to take on board and care for

wounded, sick or shipwrecked persons, and to collect the

dead.

Vessels of any kind responding to this appeal, and those

having of their own accord collected wounded, sick or

shipwrecked persons, shall enjoy special protection and

facilities to carry out such assistance.

They may, in no case, be captured on account of any such

transport; but, in the absence of any promise to the

contrary, they shall remain liable to capture for any

violations of neutrality they may have committed.

Chapter III. Hospital Ships

Art 22. Military hospital ships, that is to say, ships built or

equipped by the Powers specially and solely with a view

to

assisting the wounded, sick and shipwrecked, to

treating them and to transporting them, may in no

circumstances be attacked or captured, but shall at all

times be respected and protected, on condition that their

names and descriptions have been notified to the Parties

to the conflict ten days before those ships are employed.

The characteristics which must appear in the notification

shall include registered gross tonnage, the length from

stem to stern and the number of masts and funnels.

Art 23. Establishments ashore entitled to the protection 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 shall be protected from

bombardment or attack from the sea.

Art 24. Hospital ships utilized by National Red Cross

Societies, by officially recognized relief societies or by

private persons shall have the same protection as military

hospital ships and shall be exempt from capture, if the

Party to the conflict on which they depend has given

them

an

official

commission

and

in

so far as the

provisions of Article 22 concerning notification have been

complied with.

These ships must be provided with certificates from the

responsible authorities, stating that the vessels have been

under their control while fitting out and on departure.

Art 25. Hospital ships utilized by National Red Cross

Societies, officially recognized relief societies, or private

persons

of

neutral

countries

shall

have

the

same

protection as military hospital ships and shall be exempt

from

capture,

on

condition

that

they

have

placed

themselves under the control of one of the Parties to the

conflict,

with

the

previous

consent

of

their

own

governments and with the authorization of the Party to

the conflict concerned, in so far as the provisions of Article

22 concerning notification have been complied with.

Art 26. The protection mentioned in Articles 22, 24 and 25

shall apply to hospital ships of any tonnage and to their

lifeboats, wherever they are operating. Nevertheless, to

ensure the maximum comfort and security, the Parties to

the conflict shall endeavour to utilize, for the transport of

wounded, sick and shipwrecked over long distances and

on the high seas, only hospital ships of over 2,000 tons

gross.

Art 27. Under the same conditions as those provided for in

Articles 22 and 24, small craft employed by the State or by

the officially recognized lifeboat institutions for coastal

rescue operations, shall also be respected and protected,

so far as operational requirements permit.

The same shall apply so far as possible to fixed coastal

installations used exclusively by these craft for their

humanitarian missions.

Art 28. Should fighting occur on board a warship, the

sick-bays shall be respected and spared as far as possible.

Sick-bays and their equipment shall remain subject to

the laws of warfare, but may not be diverted from their

purpose so long as they are required for the wounded

and sick. Nevertheless, the commander into whose power

they have fallen may, after ensuring the proper care of the

wounded and sick who are accommodated therein, apply

them

to

other

purposes

in case of urgent military

necessity.

Art 29. Any hospital ship in a port which falls into the

hands of the enemy shall be authorized to leave the said

port.

Art 30. The vessels described in Articles 22, 24, 25 and 27

shall afford relief and assistance to the wounded, sick and

shipwrecked without distinction of nationality.

The High Contracting Parties undertake not to use these

vessels for any military purpose.

Such vessels shall in no wise hamper the movements of

the combatants.

During and after an engagement, they will act at their

own risk.

Art 31. The Parties to the conflict shall have the right to

control and search the vessels mentioned in Articles 22,

24, 25 and 27. They can refuse assistance from these

vessels, order them off, make them take a certain course,

control the use of their wireless and other means of

communication, and even detain them for a period not

exceeding seven days from the time of interception, if the

gravity of the circumstances so requires.

They may put a commissioner temporarily on board

whose sole task shall be to see that orders given in virtue

of the provisions of the preceding paragraph are carried

out.

As far as possible, the Parties to the conflict shall enter in

the log of the hospital ship in a language he can

understand, the orders they have given the captain of the

vessel.

Parties to the conflict may, either unilaterally or by

particular agreements, put on board their ships neutral

observers who shall verify the strict observation of the

provisions contained in the present Convention.

Art 32. Vessels described in Articles 22, 24, 25 and 27 are

not classed as warships as regards their stay in a neutral

port.

Art 33. Merchant vessels which have been transformed

into hospital ships cannot be put to any other use

throughout the duration of hostilities.

Art

34.

The protection to which hospital ships and

sick-bays are entitled shall not cease unless they are used

to

commit,

outside

their

humanitarian

duties,

acts

harmful to the enemy. Protection may, however, cease

only after due warning has been given, naming in all

© Compiled by RGL

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