Section 39p. 39

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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. Persons protected by the Convention are those

who, at a given moment and in any manner whatsoever,

find themselves, in case of a conflict or occupation, in the

hands of a Party to the conflict or Occupying Power of

which they are not nationals.

Nationals

of

a

State

which

is

not

bound

by

the

Convention are not protected by it. Nationals of a neutral

State who find themselves in the territory of a belligerent

State, and nationals of a co-belligerent State, shall not be

regarded as protected persons while the State of which

they are nationals has normal diplomatic representation

in the State in whose hands they are.

The provisions of Part II are, however, wider in application,

as defined in Article 13.

Persons protected by the Geneva Convention for the

Amelioration of the Condition of the Wounded and Sick

in Armed Forces in the Field of 12 August 1949, or by the

Geneva Convention for the Amelioration of the Condition

of Wounded, Sick and Shipwrecked Members of Armed

Forces at Sea of 12 August 1949, or by the Geneva

Convention relative to the Treatment of Prisoners of War

of 12 August 1949, shall not be considered as protected

persons within the meaning of the present Convention.

Art. 5 Where in the territory of a Party to the conflict, the

latter is satisfied that an individual protected person is

definitely suspected of or engaged in activities hostile to

the security of the State, such individual person shall not

be entitled to claim such rights and privileges under the

present Convention as would, if exercised in the favour of

such individual person, be prejudicial to the security of

such State.

Where

in

occupied

territory an individual protected

person is detained as a spy or saboteur, or as a person

under definite suspicion of activity hostile to the security

of the Occupying Power, such person shall, in those cases

where absolute military security so requires, be regarded

as having forfeited rights of communication under the

present Convention.

In each case, such persons shall nevertheless be treated

with humanity and, in case of trial, shall not be deprived

of the rights of fair and regular trial prescribed by the

present Convention. They shall also be granted the full

rights and privileges of a protected person under the

present Convention at the earliest date consistent with

the security of the State or Occupying Power, as the case

may be.

Art. 6. The present Convention shall apply from the outset

of any conflict or occupation mentioned in Article 2.

In the territory of Parties to the conflict, the application of

the present Convention shall cease on the general close

of military operations.

In the case of occupied territory, the application of the

present Convention shall cease one year after the general

close of military operations; however, the Occupying

Power shall be bound, for the duration of the occupation,

to the extent that such Power exercises the functions of

government in such territory, by the provisions of the

following Articles of the present Convention: 1 to 12, 27, 29

to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.

Protected

persons

whose

release,

repatriation

or

re-establishment may take place after such dates shall

meanwhile

continue

to

benefit

by

the

present

Convention.

Art. 7. In addition to the agreements expressly provided

for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, 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

protected persons, as defined by the present Convention,

not restrict the rights which it confers upon them.

Protected persons 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.

8.

Protected

persons

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. 9. 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.

10.

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

civilian

persons and for their relief.

Art. 11. The High Contracting Parties may at any time

agree to entrust to an international organization which

offers all guarantees of impartiality and efficacy the

duties incumbent on the Protecting Powers by virtue of

the present Convention.

When persons protected by the present Convention 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

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