Section 54p. 54

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

may be sent to him and the name and address of the

person to be informed.

Likewise, information regarding the state of health of

internees who are seriously ill or seriously wounded shall

be supplied regularly and if possible every week.

Art.

139.

Each

national

Information

Bureau

shall,

furthermore, be responsible for collecting all personal

valuables left by protected persons mentioned in Article

136, in particular those who have been repatriated or

released, or who have escaped or died; it shall forward the

said valuables to those concerned, either direct, or, if

necessary, through the Central Agency. Such articles shall

be sent by the Bureau in sealed packets which shall be

accompanied by statements giving clear and full identity

particulars of the person to whom the articles belonged,

and by a complete list of the contents of the parcel.

Detailed records shall be maintained of the receipt and

despatch of all such valuables.

Art. 140. A Central Information Agency for protected

persons, in particular for internees, shall be created in a

neutral country. The International Committee of the Red

Cross shall, if it deems necessary, propose to the Powers

concerned the organization of such an Agency, which

may be the same as that provided for in Article 123 of the

Geneva Convention relative to the Treatment of Prisoners

of War of 12 August 1949.

The

function

of

the

Agency

shall

be

to collect all

information of the type set forth in Article 136 which it

may obtain through official or private channels and to

transmit it as rapidly as possible to the countries of origin

or of residence of the persons concerned, except in cases

where such transmissions might be detrimental to the

persons whom the said information concerns, or to their

relatives. It shall receive from the Parties to the conflict all

reasonable facilities for effecting such transmissions.

The High Contracting Parties, and in particular those

whose nationals benefit by the services of the Central

Agency, are requested to give the said Agency the

financial aid it may require.

The foregoing provisions shall in no way be interpreted as

restricting the humanitarian activities of the International

Committee of the Red Cross and of the relief Societies

described in Article 142.

Art. 141. The national Information Bureaux and the Central

Information Agency shall enjoy free postage for all mail,

likewise the exemptions provided for in Article 110, and

further, so far as possible, exemption from telegraphic

charges or, at least, greatly reduced rates.

Part IV. Execution of the Convention

Section I. General Provisions

Art. 142. Subject to the measures which the Detaining

Powers may consider essential to ensure their security or

to meet any other reasonable need, the representatives of

religious

organizations,

relief

societies,

or

any

other

organizations

assisting

the

protected

persons,

shall

receive from these Powers, for themselves or their duly

accredited agents, all facilities for visiting the protected

persons, for distributing relief supplies and material from

any source, intended for educational, recreational or

religious purposes, or for assisting them in organizing

their leisure time within the places of internment. Such

societies or organizations may be constituted in the

territory of the Detaining Power, or in any other country,

or they may have an international character.

The Detaining Power may limit the number of societies

and organizations whose delegates are allowed to carry

out

their

activities

in

its

territory

and

under

its

supervision, on condition, however, that such limitation

shall not hinder the supply of effective and adequate

relief to all protected persons.

The special position of the International Committee of the

Red Cross in this field shall be recognized and respected

at all times.

Art. 143. Representatives or delegates of the Protecting

Powers shall have permission to go to all places where

protected

persons

are,

particularly

to

places

of

internment, detention and work.

They shall have access to all premises occupied by

protected persons and shall be able to interview the latter

without witnesses, personally or through an interpreter.

Such visits may not be prohibited except for reasons of

imperative

military

necessity,

and

then

only

as

an

exceptional and temporary measure. Their duration and

frequency shall not be restricted.

Such representatives and delegates shall have full liberty

to select the places they wish to visit. The Detaining or

Occupying

Power,

the

Protecting

Power

and

when

occasion arises the Power of origin of the persons to be

visited, may agree that compatriots of the internees shall

be permitted to participate in the visits.

The delegates of the International Committee of the Red

Cross

shall

also

enjoy

the

above

prerogatives.

The

appointment of such delegates shall be submitted to the

approval of the Power governing the territories where

they will carry out their duties.

Art. 144. The High Contracting Parties undertake, in time

of peace as in time of war, to disseminate the text of the

present

Convention

as

widely

as

possible

in

their

respective countries, and, in particular, to include the

study thereof in their programmes of military and, if

possible, civil instruction, so that the principles thereof

may become known to the entire population.

Any civilian, military, police or other authorities, who in

time

of

war

assume

responsibilities

in

respect

of

protected

persons,

must

possess

the

text

of

the

Convention

and

be

specially

instructed

as

to

its

provisions.

Art. 145. The High Contracting Parties shall communicate

to one another through the Swiss Federal Council and,

during hostilities, through the Protecting Powers, the

official translations of the present Convention, as well as

the laws and regulations which they may adopt to ensure

the application thereof.

Art. 146. The High Contracting Parties undertake to enact

any

legislation

necessary

to

provide

effective

penal

sanctions for persons committing, or ordering to be

committed, any of the grave breaches of the present

Convention defined in the following Article.

Each

High

Contracting

Party

shall

be

under

the

obligation

to

search

for

persons

alleged

to

have

committed, or to have ordered to be committed, such

grave breaches, and shall bring such persons, regardless

of their nationality, before its own courts. It may also, if it

prefers, and in accordance with the provisions of its own

legislation, hand such persons over for trial to another

High Contracting Party concerned, provided such High

Contracting Party has made out a prima facie case.

Each

High

Contracting

Party

shall

take

measures

necessary for the suppression of all acts contrary to the

provisions of the present Convention other than the grave

breaches defined in the following Article.

In all circumstances, the accused persons shall benefit by

safeguards of proper trial and defence, which shall not be

less favourable than those provided by Article 105 and

those following of the Geneva Convention relative to the

Treatment of Prisoners of War of 12 August 1949.

Art. 147. Grave breaches to which the preceding Article

relates shall be those involving any of the following acts, if

committed against persons or property protected by the

present Convention: wilful killing, torture or inhuman

treatment,

including

biological

experiments,

wilfully

causing great suffering or serious injury to body or health,

unlawful deportation or transfer or unlawful confinement

© Compiled by RGL

54 of 163