Section 69p. 69

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Art 63. Civil defence in occupied territories

1.

In

occupied

territories,

civilian

civil

defence

organizations

shall

receive

from

the

authorities

the

facilities necessary for the performance of their tasks. In

no Circumstances shall their personnel be compelled to

perform activities which would interfere with the proper

performance of these tasks. The Occupying Power shall

not

change

the

structure

or

personnel

of

such

organizations in any way which might jeopardize the

efficient

performance

of

their

mission.

These

organizations shall not be required to give priority to the

nationals or interests of that Power.

2. The Occupying Power shall not compel, coerce or

induce civilian civil defence organizations to perform their

tasks in any manner prejudicial to the interests of the

civilian population.

3.

The

Occupying

Power

may

disarm

civil

defence

personnel for reasons of security.

4. The Occupying Power shall neither divert from their

proper

use

nor

requisition

buildings

or

matériel

belonging to or used by civil defence organizations if such

diversion or requisition would be harmful to the civilian

population.

5. Provided that the general rule in paragraph 4 continues

to be observed, the Occupying Power may requisition or

divert these resources, subject to the following particular

conditions:

(a) that the buildings or matériel are necessary for other

needs of the civilian population; and

(b) that the requisition or diversion continues only while

such necessity exists.

6.

The

Occupying

Power

shall

neither

divert

nor

requisition shelters provided for the use of the civilian

population or needed by such population.

Art 64. Civilian civil defence organizations of neutral or

other States not Parties to the conflict and international

co-ordinating organizations

1. Articles 62, 63, 65 and 66 shall also apply to the

personnel

and

matériel

of

civilian

civil

defence

organizations of neutral or other States not Parties to the

conflict which perform civil defence tasks mentioned in

Article 61 in the territory of a Party to the conflict, with the

consent and under the control of that Party. Notification

of such assistance shall be given as soon as possible to

any adverse Party concerned. In no circumstances shall

this activity be deemed to be an interference in the

conflict. This activity should, however, be performed with

due regard to the security interests of the Parties to the

conflict concerned.

2. The Parties to the conflict receiving the assistance

referred to in paragraph 1 and the High Contracting

Parties

granting

it

should

facilitate

international

co-ordination

of

such

civil

defence

actions

when

appropriate. In such cases the relevant international

organizations

are

covered

by

the

provisions

of this

Chapter.

3. In occupied territories, the Occupying Power may only

exclude or restrict the activities of civilian civil defence

organizations of neutral or other States not Parties to the

conflict and of international co-ordinating organizations if

it can ensure the adequate performance of civil defence

tasks from its own resources or those of the occupied

territory.

Art 65. Cessation of protection

1.

The

protection

to

which

civilian

civil

defence

organizations, their personnel, buildings, shelters and

matériel are entitled shall not cease unless they commit

or are used to commit, outside their proper tasks, acts

harmful to the enemy. Protection may, however, cease

only after a warning has been given setting, whenever

appropriate,

a

reasonable

time-limit,

and after such

warning has remained unheeded.

2. The following shall not be considered as acts harmful to

the enemy:

(a) that civil defence tasks are carried out under the

direction or control of military authorities;

(b) that civilian civil defence personnel co-operate with

military personnel in the performance of civil defence

tasks, or that some military personnel are attached to

civilian civil defence organizations;

(c) that the performance of civil defence tasks may

incidentally benefit military victims, particularly those

who are hors de combat.

3. It shall also not be considered as an act harmful to the

enemy that civilian civil defence personnel bear light

individual weapons for the purpose of maintaining order

or for self-defence. However, in areas where land fighting

is taking place or is likely to take place, the Parties to the

conflict shall undertake the appropriate measures to limit

these weapons to handguns, such as pistols or revolvers,

in order to assist in distinguishing between civil defence

personnel

and

combatants.

Although

civil

defence

personnel bear other light individual weapons in such

areas, they shall nevertheless be respected and protected

as soon as they have been recognized as such.

4. The formation of civilian civil defence organizations

along military lines, and compulsory service in them, shall

also not deprive them of the protection conferred by this

Chapter.

Art 66. Identification

1. Each Party to the conflict shall endeavour to ensure that

its civil defence organizations, their personnel, buildings

and matériel are identifiable while they are exclusively

devoted

to

the

performance

of

civil

defence

tasks.

Shelters provided for the civilian population should be

similarly identifiable.

2. Each Party to the conflict shall also endeavour to adopt

and implement methods and procedures which will

make it possible to recognize civilian shelters as well as

civil defence personnel, buildings and matériel on which

the

international

distinctive

sign

of

civil

defence is

displayed.

3. In occupied territories and in areas where fighting is

taking place or is likely to take place, civilian civil defence

personnel should be recognizable by the international

distinctive sign of civil defence and by an identity card

certifying their status.

4. The international distinctive sign of civil defence is an

equilateral blue triangle on an orange ground when used

for the protection of civil defence organizations, their

personnel, buildings and matériel and for civilian shelters.

5. In addition to the distinctive sign, Parties to the conflict

may agree upon the use of distinctive signals for civil

defence identification purposes.

6. The application of the provisions of paragraphs 1 to 4 is

governed by Chapter V of Annex I to this Protocol.

7. In time of peace, the sign described in paragraph 4

may,

with

the

consent

of

the

competent

national

authorities,

be

used

for

civil

defence

identification

purposes.

8. The High Contracting Parties and the Parties to the

conflict shall take the measures necessary to supervise

the display of the international distinctive sign of civil

defence and to prevent and repress any misuse thereof.

9. The identification of civil defence medical and religious

personnel, medical units and medical transports is also

governed by Article 18.

Art 67. Members of the armed forces and military units

assigned to civil defence organizations

1.

Members

of

the armed forces and military units

assigned to civil defence organizations shall be respected

and protected, provided that:

© Compiled by RGL

69 of 163