Section 42p. 42

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

International Committee of the Red Cross, the National

Red Cross (Red Crescent, Red Lion and Sun) Society of

the country where they may be, as well as to any

organization that might assist them.

These several organizations shall be granted all facilities

for that purpose by the authorities, within the bounds set

by military or security considerations.

Apart from the visits of the delegates of the Protecting

Powers and of the International Committee of the Red

Cross,

provided

for by Article 143, the Detaining or

Occupying Powers shall facilitate, as much as possible,

visits to protected persons by the representatives of other

organizations whose object is to give spiritual aid or

material relief to such persons.

Art. 31. No physical or moral coercion shall be exercised

against

protected

persons,

in

particular

to

obtain

information from them or from third parties.

Art. 32. The High Contracting Parties specifically agree

that each of them is prohibited from taking any measure

of such a character as to cause the physical suffering or

extermination of protected persons in their hands. This

prohibition applies not only to murder, torture, corporal

punishments,

mutilation

and

medical

or

scientific

experiments not necessitated by the medical treatment

of a protected person, but also to any other measures of

brutality whether applied by civilian or military agents.

Art. 33. No protected person may be punished for an

offence

he

or

she

has

not

personally

committed.

Collective

penalties

and

likewise

all

measures

of

intimidation or of terrorism are prohibited. Pillage is

prohibited.

Reprisals against protected persons and their property

are prohibited.

Art. 34. The taking of hostages is prohibited.

Section II. Aliens in the territory of a party to the conflict

Art. 35. All protected persons who may desire to leave the

territory at the outset of, or during a conflict, shall be

entitled to do so, unless their departure is contrary to the

national interests of the State. The applications of such

persons to leave shall be decided in accordance with

regularly established procedures and the decision shall

be taken as rapidly as possible. Those persons permitted

to leave may provide themselves with the necessary

funds for their journey and take with them a reasonable

amount of their effects and articles of personal use.

If any such person is refused permission to leave the

territory, he shall be entitled to have refusal reconsidered,

as

soon

as

possible

by

an

appropriate

court

or

administrative board designated by the Detaining Power

for that purpose.

Upon request, representatives of the Protecting Power

shall, unless reasons of security prevent it, or the persons

concerned object, be furnished with the reasons for

refusal of any request for permission to leave the territory

and be given, as expeditiously as possible, the names of

all persons who have been denied permission to leave.

Art. 36. Departures permitted under the foregoing Article

shall be carried out in satisfactory conditions as regards

safety,

hygiene,

sanitation

and

food.

All

costs

in

connection therewith, from the point of exit in the

territory of the Detaining Power, shall be borne by the

country of destination, or, in the case of accommodation

in a neutral country, by the Power whose nationals are

benefited. The practical details of such movements may,

if necessary, be settled by special agreements between

the Powers concerned.

The

foregoing

shall

not

prejudice

such

special

agreements as may be concluded between Parties to the

conflict concerning the exchange and repatriation of

their nationals in enemy hands.

Art. 37. Protected persons who are confined pending

proceedings or serving a sentence involving loss of liberty,

shall during their confinement be humanely treated.

As soon as they are released, they may ask to leave the

territory in conformity with the foregoing Articles.

Art.

38.

With

the

exception

of

special

measures

authorized by the present Convention, in particularly by

Article 27 and 41 thereof, the situation of protected

persons shall continue to be regulated, in principle, by the

provisions concerning aliens in time of peace. In any case,

the following rights shall be granted to them:

(1) they shall be enabled to receive the individual or

collective relief that may be sent to them.

(2) they shall, if their state of health so requires, receive

medical attention and hospital treatment to the same

extent as the nationals of the State concerned.

(3) they shall be allowed to practise their religion and to

receive spiritual assistance from ministers of their faith.

(4) if they reside in an area particularly exposed to the

dangers of war, they shall be authorized to move from

that area to the same extent as the nationals of the State

concerned.

(5) children under fifteen years, pregnant women and

mothers of children under seven years shall benefit by

any preferential treatment to the same extent as the

nationals of the State concerned.

Art. 39. Protected persons who, as a result of the war, have

lost their gainful employment, shall be granted the

opportunity to find paid employment. That opportunity

shall,

subject

to

security

considerations

and

to the

provisions of Article 40, be equal to that enjoyed by the

nationals of the Power in whose territory they are.

Where a Party to the conflict applies to a protected

person methods of control which result in his being

unable to support himself, and especially if such a person

is prevented for reasons of security from finding paid

employment on reasonable conditions, the said Party

shall ensure his support and that of his dependents.

Protected persons may in any case receive allowances

from their home country, the Protecting Power, or the

relief societies referred to in Article 30.

Art. 40. Protected persons may be compelled to work only

to the same extent as nationals of the Party to the conflict

in whose territory they are.

If protected persons are of enemy nationality, they may

only

be

compelled

to

do

work

which

is

normally

necessary to ensure the feeding, sheltering, clothing,

transport and health of human beings and which is not

directly related to the conduct of military operations.

In the cases mentioned in the two preceding paragraphs,

protected persons compelled to work shall have the

benefit of the same working conditions and of the same

safeguards as national workers in particular as regards

wages, hours of labour, clothing and equipment, previous

training and compensation for occupational accidents

and diseases.

If the above provisions are infringed, protected persons

shall be allowed to exercise their right of complaint in

accordance with Article 30.

Art. 41. Should the Power, in whose hands protected

persons

may

be,

consider

the

measures

of

control

mentioned in the present Convention to be inadequate, it

may not have recourse to any other measure of control

more

severe

than

that

of

assigned

residence

or

internment, in accordance with the provisions of Articles

42 and 43.

In applying the provisions of Article 39, second paragraph,

to the cases of persons required to leave their usual

places of residence by virtue of a decision placing them in

assigned residence elsewhere, the Detaining Power shall

© Compiled by RGL

42 of 163