Section 19p. 19

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(2) The wounded and sick 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. A. Prisoners of war, in the sense of the present

Convention, are persons belonging to one of the following

categories, who have fallen into the power of the enemy:

(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, who shall provide them for

that purpose with an identity card similar to the annexed

model.

(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.

B. The following shall likewise be treated as prisoners of

war under the present Convention:

(1) Persons belonging, or having belonged, to the armed

forces of the occupied country, if the occupying Power

considers it necessary by reason of such allegiance to

intern them, even though it has originally liberated them

while hostilities were going on outside the territory it

occupies, in particular where such persons have made an

unsuccessful attempt to rejoin the armed forces to which

they belong and which are engaged in combat, or where

they fail to comply with a summons made to them with a

view to internment.

(2) The persons belonging to one of the categories

enumerated

in

the

present

Article, who have been

received by neutral or non-belligerent Powers on their

territory and whom these Powers are required to intern

under international law, without prejudice to any more

favourable treatment which these Powers may choose to

give and with the exception of Articles 8, 10, 15, 30, fifth

paragraph, 58-67, 92, 126 and, where diplomatic relations

exist between the Parties to the conflict and the neutral

or

non-belligerent

Power

concerned,

those

Articles

concerning the Protecting Power. Where such diplomatic

relations exist, the Parties to a conflict on whom these

persons depend shall be allowed to perform towards

them the functions of a Protecting Power as provided in

the

present

Convention,

without

prejudice

to

the

functions

which

these

Parties

normally

exercise

in

conformity

with diplomatic and consular usage and

treaties.

C. This Article shall in no way affect the status of medical

personnel and chaplains as provided for in Article 33 of

the present Convention.

Art 5. The present Convention shall apply to the persons

referred to in Article 4 from the time they fall into the

power of the enemy and until their final release and

repatriation.

Should any doubt arise as to whether persons, having

committed a belligerent act and having fallen into the

hands of the enemy, belong to any of the categories

enumerated in Article 4, such persons shall enjoy the

protection of the present Convention until such time as

their

status

has

been

determined

by

a

competent

tribunal.

Art 6. In addition to the agreements expressly provided

for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110,

118, 119, 122 and 132, 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 prisoners of war, as defined by the

present

Convention,

nor

restrict the rights which it

confers upon them.

Prisoners of war 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. Prisoners of war 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.

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 prisoners of war 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.

© Compiled by RGL

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