Section 43p. 43

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

be guided as closely as possible by the standards of

welfare set forth in Part III, Section IV of this Convention.

Art. 42. The internment or placing in assigned residence

of protected persons may be ordered only if the security

of the Detaining Power makes it absolutely necessary.

If any person, acting through the representatives of the

Protecting Power, voluntarily demands internment, and if

his situation renders this step necessary, he shall be

interned by the Power in whose hands he may be.

Art. 43. Any protected person who has been interned or

placed in assigned residence shall be entitled to have

such action reconsidered as soon as possible by an

appropriate court or administrative board designated by

the Detaining Power for that purpose. If the internment

or placing in assigned residence is maintained, the court

or administrative board shall periodically, and at least

twice yearly, give consideration to his or her case, with a

view to the favourable amendment of the initial decision,

if circumstances permit.

Unless

the protected persons concerned object, the

Detaining Power shall, as rapidly as possible, give the

Protecting Power the names of any protected persons

who

have

been

interned

or

subjected

to

assigned

residence, or who have been released from internment or

assigned residence. The decisions of the courts or boards

mentioned in the first paragraph of the present Article

shall also, subject to the same conditions, be notified as

rapidly as possible to the Protecting Power.

Art. 44. In applying the measures of control mentioned in

the present Convention, the Detaining Power shall not

treat as enemy aliens exclusively on the basis of their

nationality de jure of an enemy State, refugees who do

not, in fact, enjoy the protection of any government.

Art. 45. Protected persons shall not be transferred to a

Power which is not a party to the Convention.

This provision shall in no way constitute an obstacle to the

repatriation of protected persons, or to their return to

their country of residence after the cessation of hostilities.

Protected persons may be transferred by the Detaining

Power only to a Power which is a party to the present

Convention and after the Detaining Power has satisfied

itself of the willingness and ability of such transferee

Power to apply the present Convention. If protected

persons

are

transferred

under

such

circumstances,

responsibility

for

the

application

of

the

present

Convention rests on the Power accepting them, while

they are in its custody. Nevertheless, if that Power fails to

carry out the provisions of the present Convention in any

important respect, the Power by which the protected

persons were transferred shall, upon being so notified by

the Protecting Power, take effective measures to correct

the situation or shall request the return of the protected

persons. Such request must be complied with.

In

no

circumstances

shall

a

protected

person

be

transferred to a country where he or she may have reason

to fear persecution for his or her political opinions or

religious beliefs.

The provisions of this Article do not constitute an obstacle

to the extradition, in pursuance of extradition treaties

concluded before the outbreak of hostilities, of protected

persons accused of offences against ordinary criminal

law.

Art. 46. In so far as they have not been previously

withdrawn,

restrictive

measures

taken

regarding

protected persons shall be cancelled as soon as possible

after the close of hostilities.

Restrictive measures affecting their property shall be

cancelled, in accordance with the law of the Detaining

Power, as soon as possible after the close of hostilities.

Section III. Occupied territories

Art. 47. Protected persons who are in occupied territory

shall not be deprived, in any case or in any manner

whatsoever, of the benefits of the present Convention by

any change introduced, as the result of the occupation of

a territory, into the institutions or government of the said

territory, nor by any agreement concluded between the

authorities of the occupied territories and the Occupying

Power, nor by any annexation by the latter of the whole or

part of the occupied territory.

Art. 48. Protected persons who are not nationals of the

Power whose territory is occupied, may avail themselves

of the right to leave the territory subject to the provisions

of

Article

35,

and

decisions thereon shall be taken

according to the procedure which the Occupying Power

shall establish in accordance with the said Article.

Art. 49. Individual or mass forcible transfers, as well as

deportations

of

protected

persons

from

occupied

territory to the territory of the Occupying Power or to that

of any other country, occupied or not, are prohibited,

regardless of their motive.

Nevertheless, the Occupying Power may undertake total

or partial evacuation of a given area if the security of the

population or imperative military reasons so demand.

Such evacuations may not involve the displacement of

protected persons outside the bounds of the occupied

territory except when for material reasons it is impossible

to avoid such displacement. Persons thus evacuated shall

be transferred back to their homes as soon as hostilities in

the area in question have ceased.

The Occupying Power undertaking such transfers or

evacuations shall ensure, to the greatest practicable

extent, that proper accommodation is provided to receive

the protected persons, that the removals are effected in

satisfactory conditions of hygiene, health, safety and

nutrition, and that members of the same family are not

separated.

The Protecting Power shall be informed of any transfers

and evacuations as soon as they have taken place.

The Occupying Power shall not detain protected persons

in an area particularly exposed to the dangers of war

unless

the

security

of the population or imperative

military reasons so demand.

The Occupying Power shall not deport or transfer parts of

its own civilian population into the territory it occupies.

Art. 50. The Occupying Power shall, with the cooperation

of the national and local authorities, facilitate the proper

working

of all institutions devoted to the care and

education of children.

The Occupying Power shall take all necessary steps to

facilitate

the

identification

of

children

and

the

registration of their parentage. It may not, in any case,

change

their

personal

status,

nor

enlist

them

in

formations or organizations subordinate to it.

Should

the

local

institutions

be inadequate for the

purpose, the Occupying Power shall make arrangements

for the maintenance and education, if possible by persons

of their own nationality, language and religion, of children

who are orphaned or separated from their parents as a

result of the war and who cannot be adequately cared for

by a near relative or friend.

A special section of the Bureau set up in accordance with

Article 136 shall be responsible for taking all necessary

steps to identify children whose identity is in doubt.

Particulars of their parents or other near relatives should

always be recorded if available.

The Occupying Power shall not hinder the application of

any preferential measures in regard to food, medical care

and protection against the effects of war which may have

been

adopted

prior

to the occupation in favour of

children under fifteen years, expectant mothers, and

mothers of children under seven years.

© Compiled by RGL

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