Public International Law Volume Ii
Public International Law Volume Ii
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Primary Text
PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II
identity card shall state the duties on which they are
employed.
The management of each hospital shall at all times hold
at the disposal of the competent national or occupying
authorities an up-to-date list of such personnel.
Art. 21. Convoys of vehicles or hospital trains on land or
specially provided vessels on sea, conveying wounded
and sick civilians, the infirm and maternity cases, shall be
respected and protected in the same manner as the
hospitals provided for in Article 18, and shall be marked,
with the consent of the State, by the display of the
distinctive 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.
Art.22. Aircraft exclusively employed for the removal of
wounded and sick civilians, the infirm and maternity
cases or for the transport of medical personnel and
equipment, shall not be attacked, but shall be respected
while flying at heights, times and on routes specifically
agreed upon between all the Parties to the conflict
concerned.
They
may
be
marked
with
the
distinctive 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.
Unless agreed otherwise, flights over enemy or enemy
occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the
event of a landing thus imposed, the aircraft with its
occupants may continue its flight after examination, if
any.
Art. 23. Each High Contracting Party shall allow the free
passage of all consignments of medical and hospital
stores
and
objects
necessary
for
religious
worship
intended only for civilians of another High Contracting
Party, even if the latter is its adversary. It shall likewise
permit the free passage of all consignments of essential
foodstuffs, clothing and tonics intended for children
under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the
free
passage
of
the consignments indicated in the
preceding paragraph is subject to the condition that this
Party is satisfied that there are no serious reasons for
fearing:
(a) that the consignments may be diverted from their
destination,
(b) that the control may not be effective, or
(c) that a definite advantage may accrue to the military
efforts
or
economy
of
the
enemy
through
the
substitution of the above-mentioned consignments for
goods which would otherwise be provided or produced
by the enemy or through the release of such material,
services or facilities as would otherwise be required for
the production of such goods.
The Power which allows the passage of the consignments
indicated in the first paragraph of this Article may make
such permission conditional on the distribution to the
persons benefited thereby being made under the local
supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as
possible, and the Power which permits their free passage
shall
have
the
right
to
prescribe
the
technical
arrangements under which such passage is allowed.
Art.24. The Parties to the conflict shall take the necessary
measures to ensure that children under fifteen, who are
orphaned or are separated from their families as a result
of the war, are not left to their own resources, and that
their maintenance, the exercise of their religion and their
education
are
facilitated
in
all
circumstances.
Their
education shall, as far as possible, be entrusted to persons
of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of
such children in a neutral country for the duration of the
conflict with the consent of the Protecting Power, if any,
and under due safeguards for the observance of the
principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all
children under twelve to be identified by the wearing of
identity discs, or by some other means.
Art. 25. All persons in the territory of a Party to the conflict,
or in a territory occupied by it, shall be enabled to give
news of a strictly personal nature to members of their
families, wherever they may be, and to receive news from
them. This correspondence shall be forwarded speedily
and without undue delay.
If, as a result of circumstances, it becomes difficult or
impossible to exchange family correspondence by the
ordinary post, the Parties to the conflict concerned shall
apply to a neutral intermediary, such as the Central
Agency provided for in Article 140, and shall decide in
consultation with it how to ensure the fulfilment of their
obligations
under
the
best
possible
conditions,
in
particular with the cooperation of the National Red Cross
(Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict
family
correspondence,
such
restrictions
shall
be
confined
to
the
compulsory
use of standard forms
containing twenty-five freely chosen words, and to the
limitation of the number of these forms despatched to
one each month.
Art. 26. Each Party to the conflict shall facilitate enquiries
made by members of families dispersed owing to the
war, with the object of renewing contact with one
another and of meeting, if possible. It shall encourage, in
particular, the work of organizations engaged on this task
provided they are acceptable to it and conform to its
security regulations.
Part III. Status and Treatment of Protected
Persons
Section I. Provisions common to the territories of the
parties to the conflict and to occupied territories
Art.
27.
Protected
persons
are
entitled,
in
all
circumstances, to respect for their persons, their honour,
their
family
rights,
their
religious
convictions
and
practices, and their manners and customs. They shall at
all times be humanely treated, and shall be protected
especially against all acts of violence or threats thereof
and against insults and public curiosity.
Women shall be especially protected against any attack
on their honour, in particular against rape, enforced
prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state
of health, age and sex, all protected persons shall be
treated with the same consideration by the Party to the
conflict in whose power they are, without any adverse
distinction
based,
in
particular,
on
race,
religion
or
political opinion.
However, the Parties to the conflict may take such
measures of control and security in regard to protected
persons as may be necessary as a result of the war.
Art. 28. The presence of a protected person may not be
used to render certain points or areas immune from
military operations.
Art. 29. The Party to the conflict in whose hands protected
persons
may
be,
is
responsible
for
the
treatment
accorded to them by its agents, irrespective of any
individual responsibility which may be incurred.
Art. 30. Protected persons shall have every facility for
making
application
to
the
Protecting
Powers,
the
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