Section 7p. 7

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

that they have received authorization from the armed

forces which they accompany.

(5) Members of crews, including masters, pilots and

apprentices, of the merchant marine and the crews of

civil aircraft of the Parties to the conflict, who do not

benefit by more favourable treatment under any other

provisions in international law.

(6) Inhabitants of a non-occupied territory, who on the

approach of the enemy, spontaneously take up arms to

resist the invading forces, without having had time to

form themselves into regular armed units, provided they

carry arms openly and respect the laws and customs of

war.

Art.

14.

Subject

to

the

provisions

of Article 12, the

wounded and sick of a belligerent who fall into enemy

hands shall be prisoners of war, and the provisions of

international law concerning prisoners of war shall apply

to them.

Art. 15. At all times, and particularly after an engagement,

Parties to the conflict shall, without delay, take all possible

measures to search for and collect the wounded and sick,

to protect them against pillage and ill-treatment, to

ensure their adequate care, and to search for the dead

and prevent their being despoiled.

Whenever

circumstances

permit,

an

armistice

or

a

suspension

of

fire

shall

be

arranged,

or

local

arrangements made, to permit the removal, exchange

and transport of the wounded left on the battlefield.

Likewise, local arrangements may be concluded between

Parties to the conflict for the removal or exchange of

wounded and sick from a besieged or encircled area, and

for the passage of medical and religious personnel and

equipment on their way to that area.

Art. 16. Parties to the conflict shall record as soon as

possible, in respect of each wounded, sick or dead person

of

the

adverse

Party

falling

into

their

hands,

any

particulars which may assist in his identification.

These records should if possible include:

(a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

(f) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of

death.

As soon as possible the above mentioned information

shall be forwarded to the Information Bureau described

in Article 122 of the Geneva Convention relative to the

Treatment of Prisoners of War of 12 August 1949, which

shall transmit this information to the Power on which

these persons depend through the intermediary of the

Protecting Power and of the Central Prisoners of War

Agency.

Parties to the conflict shall prepare and forward to each

other through the same bureau, certificates of death or

duly authenticated lists of the dead. They shall likewise

collect and forward through the same bureau one half of

a double identity disc, last wills or other documents of

importance to the next of kin, money and in general all

articles of an intrinsic or sentimental value, which are

found

on

the

dead.

These

articles,

together

with

unidentified articles, shall be sent in sealed packets,

accompanied

by

statements

giving

all

particulars

necessary for the identification of the deceased owners,

as well as by a complete list of the contents of the parcel.

Art. 17. Parties to the conflict shall ensure that burial or

cremation of the dead, carried out individually as far as

circumstances

permit,

is

preceded

by

a

careful

examination, if possible by a medical examination, of the

bodies, with a view to confirming death, establishing

identity and enabling a report to be made. One half of the

double identity disc, or the identity disc itself if it is a

single disc, should remain on the body.

Bodies shall not be cremated except for imperative

reasons of hygiene or for motives based on the religion of

the deceased. In case of cremation, the circumstances

and reasons for cremation shall be stated in detail in the

death certificate or on the authenticated list of the dead.

They shall further ensure that the dead are honourably

interred, if possible according to the rites of the religion to

which they belonged, that their graves are respected,

grouped if possible according to the nationality of the

deceased, properly maintained and marked so that they

may

always

be

found.

For

this

purpose, they shall

organize at the commencement of hostilities an Official

Graves

Registration

Service,

to

allow

subsequent

exhumations and to ensure the identification of bodies,

whatever

the

site

of

the

graves,

and

the

possible

transportation to the home country. These provisions

shall likewise apply to the ashes, which shall be kept by

the Graves Registration Service until proper disposal

thereof in accordance with the wishes of the home

country.

As soon as circumstances permit, and at latest at the end

of hostilities, these Services shall exchange, through the

Information Bureau mentioned in the second paragraph

of

Article

16,

lists

showing

the

exact

location

and

markings of the graves, together with particulars of the

dead interred therein.

Art. 18. The military authorities may appeal to the charity

of the inhabitants voluntarily to collect and care for, under

their direction, the wounded and sick, granting persons

who

have

responded

to

this

appeal

the

necessary

protection and facilities. Should the adverse Party take or

retake control of the area, he shall likewise grant these

persons the same protection and the same facilities.

The military authorities shall permit the inhabitants and

relief

societies,

even

in

invaded

or

occupied

areas,

spontaneously to collect and care for wounded or sick of

whatever nationality. The civilian population shall respect

these wounded and sick, and in particular abstain from

offering them violence.

No one may ever be molested or convicted for having

nursed the wounded or sick.

The provisions of the present Article do not relieve the

occupying Power of its obligation to give both physical

and moral care to the wounded and sick.

Chapter III. Medical Units and

Establishments

Art. 19. Fixed establishments and mobile medical units of

the Medical Service may in no circumstances be attacked,

but shall at all times be respected and protected by the

Parties to the conflict. Should they fall into the hands of

the adverse Party, their personnel shall be free to pursue

their duties, as long as the capturing Power has not itself

ensured the necessary care of the wounded and sick

found in such establishments and units.

The responsible authorities shall ensure that the said

medical establishments and units are, as far as possible,

situated in such a manner that attacks against military

objectives cannot imperil their safety.

Art. 20. Hospital ships entitled to the protection of the

Geneva Convention for the Amelioration of the Condition

of Wounded, Sick and Shipwrecked Members of Armed

Forces at Sea of 12 August 1949, shall not be attacked

from the land.

Art. 21. The protection to which fixed establishments and

mobile medical units of the Medical Service are entitled

shall not cease unless they are used to commit, outside

their humanitarian duties, acts harmful to the enemy.

Protection may, however, cease only after a due warning

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