Section 6p. 6

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

with regard to them by one or other of the Parties to the

conflict.

Art. 7. Wounded and sick, as well as members of the

medical

personnel

and

chaplains,

may

in

no

circumstances renounce in part or in entirety the rights

secured to them by the present Convention, and by the

special agreements referred to in the foregoing Article, if

such there be.

Art. 8. The present Convention shall be applied with the

cooperation and under the scrutiny of the Protecting

Powers whose duty it is to safeguard the interests of the

Parties to the conflict. For this purpose, the Protecting

Powers may appoint, apart from their diplomatic or

consular

staff,

delegates

from

amongst

their

own

nationals or the nationals of other neutral Powers. The

said delegates shall be subject to the approval of the

Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest

extent

possible,

the

task

of

the

representatives

or

delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers

shall not in any case exceed their mission under the

present Convention. They shall, in particular, take account

of the imperative necessities of security of the State

wherein they carry out their duties. Their activities shall

only

be restricted as an exceptional and temporary

measure when this is rendered necessary by imperative

military necessities.

Art. 9. The provisions of the present Convention constitute

no obstacle to the humanitarian activities which the

International Committee of the Red Cross or any other

impartial humanitarian organization may, subject to the

consent

of

the

Parties

to

the

conflict

concerned,

undertake

for

the

protection of wounded and sick,

medical personnel and chaplains, and for their relief.

Art. 10. The High Contracting Parties may at any time

agree to entrust to an organization which offers all

guarantees

of

impartiality

and

efficacy

the

duties

incumbent on the Protecting Powers by virtue of the

present Convention.

When wounded and sick, or medical personnel and

chaplains do not benefit or cease to benefit, no matter for

what reason, by the activities of a Protecting Power or of

an organization provided for in the first paragraph above,

the Detaining Power shall request a neutral State, or such

an organization, to undertake the functions performed

under the present Convention by a Protecting Power

designated by the Parties to a conflict.

If

protection

cannot

be

arranged

accordingly,

the

Detaining Power shall request or shall accept, subject to

the provisions of this Article, the offer of the services of a

humanitarian

organization, such as the International

Committee of the Red Cross, to assume the humanitarian

functions performed by Protecting Powers under the

present Convention.

Any neutral Power, or any organization invited by the

Power concerned or offering itself for these purposes,

shall be required to act with a sense of responsibility

towards the Party to the conflict on which persons

protected by the present Convention depend, and shall

be required to furnish sufficient assurances that it is in a

position to undertake the appropriate functions and to

discharge them impartially.

No derogation from the preceding provisions shall be

made by special agreements between Powers one of

which is restricted, even temporarily, in its freedom to

negotiate with the other Power or its allies by reason of

military events, more particularly where the whole, or a

substantial part, of the territory of the said Power is

occupied.

Whenever, in the present Convention, mention is made of

a

Protecting

Power,

such

mention

also

applies

to

substitute organizations in the sense of the present

Article.

Art. 11. In cases where they deem it advisable in the

interest of protected persons, particularly in cases of

disagreement between the Parties to the conflict as to

the application or interpretation of the provisions of the

present Convention, the Protecting Powers shall lend

their

good

offices

with

a

view

to

settling

the

disagreement.

For this purpose, each of the Protecting Powers may,

either at the invitation of one Party or on its own initiative,

propose to the Parties to the conflict a meeting of their

representatives,

in

particular

of

the

authorities

responsible

for the wounded and sick, members of

medical personnel and chaplains, possibly on neutral

territory suitably chosen. The Parties to the conflict shall

be bound to give effect to the proposals made to them

for this purpose. The Protecting Powers may, if necessary,

propose for approval by the Parties to the conflict, a

person belonging to a neutral Power or delegated by the

International Committee of the Red Cross, who shall be

invited to take part in such a meeting

Chapter II. Wounded and Sick

Art. 12. Members of the armed forces and other persons

mentioned in the following Article, who are wounded or

sick,

shall

be

respected

and

protected

in

all

circumstances.

They shall be treated humanely and cared for by the Party

to the conflict in whose power they may be, without any

adverse distinction founded on sex, race, nationality,

religion, political opinions, or any other similar criteria.

Any attempts upon their lives, or violence to their persons,

shall be strictly prohibited; in particular, they shall not be

murdered or exterminated, subjected to torture or to

biological experiments; they shall not wilfully be left

without medical assistance and care, nor shall conditions

exposing them to contagion or infection be created.

Only urgent medical reasons will authorize priority in the

order of treatment to be administered.

Women shall be treated with all consideration due to

their sex.

The Party to the conflict which is compelled to abandon

wounded or sick to the enemy shall, as far as military

considerations permit, leave with them a part of its

medical personnel and material to assist in their care.

Art.

13.

The

present

Convention

shall

apply

to

the

wounded and sick belonging to the following categories:

(1) Members of the armed forces of a Party to the conflict,

as well as members of militias or volunteer corps forming

part of such armed forces.

(2) Members of other militias and members of other

volunteer corps, including those of organized resistance

movements, belonging to a Party to the conflict and

operating in or outside their own territory, even if this

territory

is

occupied,

provided

that

such militias or

volunteer

corps,

including such organized resistance

movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for

his subordinates;

(b) that of having a fixed distinctive sign recognizable at a

distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance

with the laws and customs of war.

(3)

Members

of

regular

armed

forces

who

profess

allegiance

to

a

Government

or

an

authority

not

recognized by the Detaining Power.

(4) Persons who accompany the armed forces without

actually being members thereof, such as civil members of

military

aircraft

crews,

war

correspondents,

supply

contractors,

members

of labour units or of services

responsible for the welfare of the armed forces, provided

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