Section 17p. 17

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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 43. The ships designated in Articles 22, 24, 25 and 27

shall be distinctively marked as follows:

(a) All exterior surfaces shall be white.

(b) One or more dark red crosses, as large as possible,

shall be painted and displayed on each side of the hull

and on the horizontal surfaces, so placed as to afford the

greatest possible visibility from the sea and from the air.

All

hospital

ships

shall make themselves known by

hoisting their national flag and further, if they belong to a

neutral state, the flag of the Party to the conflict whose

direction they have accepted. A white flag with a red

cross shall be flown at the mainmast as high as possible.

Lifeboats of hospital ships, coastal lifeboats and au small

craft used by the Medical Service shall be painted white

with dark red crosses prominently displayed and shall, in

general, comply with the identification system prescribed

above for hospital ships.

The above-mentioned ships and craft, which may wish to

ensure by night and in times of reduced visibility the

protection to which they are entitled, must, subject to the

assent of the Party to the conflict under whose power

they are, take the necessary measures to render their

painting and distinctive emblems sufficiently apparent.

Hospital ships which, in accordance with Article 31, are

provisionally detained by the enemy, must haul down the

flag of the Party to the conflict in whose service they are

or whose direction they have accepted.

Coastal lifeboats, if they continue to operate with the

consent of the Occupying Power from a base which is

occupied, may be allowed, when away from their base, to

continue to fly their own national colours along with a

flag carrying a red cross on a white ground, subject to

prior

notification

to

all

the

Parties

to

the

conflict

concerned.

All the provisions in this Article relating to the red cross

shall apply equally to the other emblems mentioned in

Article 41.

Parties to the conflict shall at all times endeavour to

conclude mutual agreements in order to use the most

modern methods available to facilitate the identification

of hospital ships.

Art 44. The distinguishing signs referred to in Article 43

can only be used, whether in time of peace or war, for

indicating or protecting the ships therein mentioned,

except as may be provided in any other international

Convention or by agreement between all the Parties to

the conflict concerned.

Art

45.

The

High

Contracting

Parties

shall,

if

their

legislation is not already adequate, take the measures

necessary for the prevention and repression, at all times,

of any abuse of the distinctive signs provided for under

Article 43.

Chapter VII. Execution of the Convention

Art 46. 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

47.

Reprisals

against

the

wounded,

sick

and

shipwrecked persons, the personnel, the vessels or the

equipment protected by the Convention are prohibited.

Art 48. 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 49. 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 VIII. Repression of Abuses and

Infractions

Art 50. 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.

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 August 12, 1949.

Art 51. 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 52. 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 53. 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.

Final Provisions

Art 54. The present Convention is established in English

and in French. Both texts are equally authentic.

© Compiled by RGL

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