Section 44p. 44

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Art. 51. The Occupying Power may not compel protected

persons to serve in its armed or auxiliary forces. No

pressure or propaganda which aims at securing voluntary

enlistment is permitted.

The Occupying Power may not compel protected persons

to work unless they are over eighteen years of age, and

then only on work which is necessary either for the needs

of the army of occupation, or for the public utility services,

or for the feeding, sheltering, clothing, transportation or

health

of

the

population

of

the

occupied

country.

Protected persons may not be compelled to undertake

any work which would involve them in the obligation of

taking part in military operations. The Occupying Power

may not compel protected persons to employ forcible

means to ensure the security of the installations where

they are performing compulsory labour.

The work shall be carried out only in the occupied

territory where the persons whose services have been

requisitioned are. Every such person shall, so far as

possible, be kept in his usual place of employment.

Workers shall be paid a fair wage and the work shall be

proportionate to their physical and intellectual capacities.

The

legislation

in

force

in

the

occupied

country

concerning

working

conditions,

and

safeguards

as

regards, in particular, such matters as wages, hours of

work, equipment, preliminary training and compensation

for

occupational

accidents

and

diseases,

shall

be

applicable to the protected persons assigned to the work

referred to in this Article.

In no case shall requisition of labour lead to a mobilization

of workers in an organization of a military or semi-military

character.

Art. 52. No contract, agreement or regulation shall impair

the right of any worker, whether voluntary or not and

wherever he may be, to apply to the representatives of

the Protecting Power in order to request the said Power's

intervention.

All measures aiming at creating unemployment or at

restricting the opportunities offered to workers in an

occupied territory, in order to induce them to work for the

Occupying Power, are prohibited.

Art. 53. Any destruction by the Occupying Power of real or

personal property belonging individually or collectively to

private

persons, or to the State, or to other public

authorities, or to social or cooperative organizations, is

prohibited, except where such destruction is rendered

absolutely necessary by military operations.

Art. 54. The Occupying Power may not alter the status of

public officials or judges in the occupied territories, or in

any way apply sanctions to or take any measures of

coercion or discrimination against them, should they

abstain from fulfilling their functions for reasons of

conscience.

This prohibition does not prejudice the application of the

second paragraph of Article 51. It does not affect the right

of the Occupying Power to remove public officials from

their posts.

Art. 55. To the fullest extent of the means available to it,

the Occupying Power has the duty of ensuring the food

and medical supplies of the population; it should, in

particular, bring in the necessary foodstuffs, medical

stores and other articles if the resources of the occupied

territory are inadequate.

The Occupying Power may not requisition foodstuffs,

articles or medical supplies available in the occupied

territory, except for use by the occupation forces and

administration

personnel,

and

then

only

if

the

requirements of the civilian population have been taken

into

account.

Subject

to

the

provisions

of

other

international Conventions, the Occupying Power shall

make arrangements to ensure that fair value is paid for

any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to

verify the state of the food and medical supplies in

occupied territories, except where temporary restrictions

are made necessary by imperative military requirements.

Art. 56. To the fullest extent of the means available to it,

the Occupying Power has the duty of ensuring and

maintaining, with the cooperation of national and local

authorities, the medical and hospital establishments and

services, public health and hygiene in the occupied

territory, with particular reference to the adoption and

application of the prophylactic and preventive measures

necessary to combat the spread of contagious diseases

and epidemics. Medical personnel of all categories shall

be allowed to carry out their duties.

If new hospitals are set up in occupied territory and if the

competent

organs

of

the

occupied

State

are

not

operating

there,

the

occupying

authorities

shall,

if

necessary, grant them the recognition provided for in

Article

18.

In

similar

circumstances,

the

occupying

authorities

shall

also

grant

recognition

to

hospital

personnel and transport vehicles under the provisions of

Articles 20 and 21.

In adopting measures of health and hygiene and in their

implementation, the Occupying Power shall take into

consideration the moral and ethical susceptibilities of the

population of the occupied territory.

Art. 57. The Occupying Power may requisition civilian

hospitals only temporarily and only in cases of urgent

necessity for the care of military wounded and sick, and

then on condition that suitable arrangements are made

in due time for the care and treatment of the patients

and for the needs of the civilian population for hospital

accommodation.

The material and stores of civilian hospitals cannot be

requisitioned so long as they are necessary for the needs

of the civilian population.

Art. 58. The Occupying Power shall permit ministers of

religion to give spiritual assistance to the members of

their religious communities.

The Occupying Power shall also accept consignments of

books and articles required for religious needs and shall

facilitate their distribution in occupied territory.

Art. 59. If the whole or part of the population of an

occupied

territory

is

inadequately

supplied,

the

Occupying Power shall agree to relief schemes on behalf

of the said population, and shall facilitate them by all the

means at its disposal.

Such schemes, which may be undertaken either by States

or by impartial humanitarian organizations such as the

International Committee of the Red Cross, shall consist, in

particular, of the provision of consignments of foodstuffs,

medical supplies and clothing.

All Contracting Parties shall permit the free passage of

these consignments and shall guarantee their protection.

A Power granting free passage to consignments on their

way to territory occupied by an adverse Party to the

conflict shall, however, have the right to search the

consignments, to regulate their passage according to

prescribed

times

and

routes,

and

to be reasonably

satisfied

through

the

Protecting

Power

that

these

consignments are to be used for the relief of the needy

population and are not to be used for the benefit of the

Occupying Power.

Art. 60. Relief consignments shall in no way relieve the

Occupying Power of any of its responsibilities under

Articles 55, 56 and 59. The Occupying Power shall in no

way whatsoever divert relief consignments from the

purpose for which they are intended, except in cases of

urgent necessity, in the interests of the population of the

occupied territory and with the consent of the Protecting

Power.

Art.

61.

The

distribution

of

the

relief

consignments

referred to in the foregoing Articles shall be carried out

with the cooperation and under the supervision of the

Protecting Power. This duty may also be delegated, by

© Compiled by RGL

44 of 163