Section 40p. 40

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

substantial part, of the territory of the said Power is

occupied.

Whenever in the present Convention mention is made of

a Protecting Power, such mention applies to substitute

organizations in the sense of the present Article.

The provisions of this Article shall extend and be adapted

to cases of nationals of a neutral State who are in

occupied territory or who find themselves in the territory

of a belligerent State in which the State of which they are

nationals has not normal diplomatic representation.

Art. 12. In cases where they deem it advisable in the

interest of protected persons, particularly in cases of

disagreement between the Parties to the conflict as to

the application or interpretation of the provisions of the

present Convention, the Protecting Powers shall lend

their

good

offices

with

a

view

to

settling

the

disagreement.

For this purpose, each of the Protecting Powers may,

either at the invitation of one Party or on its own initiative,

propose to the Parties to the conflict a meeting of their

representatives,

and

in

particular

of

the

authorities

responsible for protected persons, 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.

Part II. General Protection of Populations

Against Certain Consequences of War

Art. 13. The provisions of Part II cover the whole of the

populations of the countries in conflict, without any

adverse

distinction

based,

in

particular,

on

race,

nationality, religion or political opinion, and are intended

to alleviate the sufferings caused by war.

Art. 14. In time of peace, the High Contracting Parties and,

after the outbreak of hostilities, the Parties thereto, may

establish in their own territory and, if the need arises, in

occupied areas, hospital and safety zones and localities so

organized as to protect from the effects of war, wounded,

sick and aged persons, children under fifteen, expectant

mothers and mothers of children under seven.

Upon the outbreak and during the course of hostilities,

the Parties concerned may conclude agreements on

mutual recognition of the zones and localities they have

created.

They

may

for

this

purpose implement the

provisions of the Draft Agreement annexed to the present

Convention,

with

such

amendments

as

they

may

consider necessary.

The Protecting Powers and the International Committee

of the Red Cross are invited to lend their good offices in

order to facilitate the institution and recognition of these

hospital and safety zones and localities.

Art. 15. Any Party to the conflict may, either direct or

through

a

neutral

State

or

some

humanitarian

organization, propose to the adverse Party to establish, in

the regions where fighting is taking place, neutralized

zones intended to shelter from the effects of war the

following persons, without distinction:

(a) wounded and sick combatants or non-combatants;

(b) civilian persons who take no part in hostilities, and

who, while they reside in the zones, perform no work of a

military character.

When the Parties concerned have agreed upon the

geographical position, administration, food supply and

supervision of the proposed neutralized zone, a written

agreement

shall

be

concluded

and

signed

by

the

representatives

of

the

Parties

to

the

conflict.

The

agreement shall fix the beginning and the duration of

the neutralization of the zone.

Art. 16. The wounded and sick, as well as the infirm, and

expectant mothers, shall be the object of particular

protection and respect.

As far as military considerations allow, each Party to the

conflict shall facilitate the steps taken to search for the

killed and wounded, to assist the shipwrecked and other

persons exposed to grave danger, and to protect them

against pillage and ill-treatment.

Art. 17. The Parties to the conflict shall endeavour to

conclude

local

agreements

for

the

removal

from

besieged or encircled areas, of wounded, sick, infirm, and

aged persons, children and maternity cases, and for the

passage of ministers of all religions, medical personnel

and medical equipment on their way to such areas.

Art. 18. Civilian hospitals organized to give care to the

wounded and sick, the infirm and maternity cases, may in

no circumstances be the object of attack but shall at all

times be respected and protected by the Parties to the

conflict.

States which are Parties to a conflict shall provide all

civilian hospitals with certificates showing that they are

civilian hospitals and that the buildings which they

occupy are not used for any purpose which would deprive

these hospitals of protection in accordance with Article 19.

Civilian hospitals shall be marked by means of the

emblem

provided

for

in

Article

38

of

the

Geneva

Convention for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field of 12

August 1949, but only if so authorized by the State.

The Parties to the conflict shall, in so far as military

considerations permit, take the necessary steps to make

the

distinctive

emblems

indicating

civilian

hospitals

clearly visible to the enemy land, air and naval forces in

order to obviate the possibility of any hostile action.

In view of the dangers to which hospitals may be exposed

by being close to military objectives, it is recommended

that such hospitals be situated as far as possible from

such objectives.

Art. 19. The protection to which civilian hospitals 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 appropriate cases,

a reasonable time limit and after such warning has

remained unheeded.

The fact that sick or wounded members of the armed

forces are nursed in these hospitals, or the presence of

small

arms

and

ammunition

taken

from

such

combatants and not yet been handed to the proper

service, shall not be considered to be acts harmful to the

enemy.

Art. 20. Persons regularly and solely engaged in the

operation

and

administration

of

civilian

hospitals,

including

the

personnel engaged in the search for,

removal and transporting of and caring for wounded and

sick civilians, the infirm and maternity cases shall be

respected and protected.

In occupied territory and in zones of military operations,

the above personnel shall be recognizable by means of an

identity

card

certifying

their

status,

bearing

the

photograph of the holder and embossed with the stamp

of the responsible authority, and also by means of a

stamped, water-resistant armlet which they shall wear on

the left arm while carrying out their duties. This armlet

shall be issued by the State and shall bear the emblem

provided for in Article 38 of the Geneva Convention for

the Amelioration of the Condition of the Wounded and

Sick in Armed Forces in the Field of 12 August 1949.

Other personnel who are engaged in the operation and

administration of civilian hospitals shall be entitled to

respect

and

protection

and to wear the armlet, as

provided in and under the conditions prescribed in this

Article, while they are employed on such duties. The

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