Section 72p. 72

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

2. Pregnant women and mothers having dependent

infants who are arrested, detained or interned for reasons

related to the armed conflict, shall have their cases

considered with the utmost priority.

3. To the maximum extent feasible, the Parties to the

conflict shall endeavour to avoid the pronouncement of

the

death penalty on pregnant women or mothers

having dependent infants, for an offence related to the

armed conflict. The death penalty for such offences shall

not be executed on such women.

Art 77. Protection of children

1. Children shall be the object of special respect and shall

be protected against any form of indecent assault. The

Parties to the conflict shall provide them with the care

and aid they require, whether because of their age or for

any other reason.

2.

The

Parties to the conflict shall take all feasible

measures in order that children who have not attained

the age of fifteen years do not take a direct part in

hostilities

and,

in

particular,

they shall refrain from

recruiting them into their armed forces. In recruiting

among those persons who have attained the age of

fifteen years but who have not attained the age of

eighteen years the Parties to the conflict shall endeavour

to give priority to those who are oldest.

3.

If,

in exceptional cases, despite the provisions of

paragraph 2, children who have not attained the age of

fifteen years take a direct part in hostilities and fall into

the power of an adverse Party, they shall continue to

benefit from the special protection accorded by this

Article, whether or not they are prisoners of war.

4. If arrested, detained or interned for reasons related to

the armed conflict, children shall be held in quarters

separate

from the quarters of adults, except where

families are accommodated as family units as provided in

Article 75, paragraph 5.

5 . The death penalty for an offence related to the armed

conflict shall not be executed on persons who had not

attained the age of eighteen years at the time the offence

was committed.

Art 78. Evacuation of children

1. No Party to the conflict shall arrange for the evacuation

of children, other than its own nationals, to a foreign

country

except

for

a

temporary

evacuation

where

compelling reasons of the health or medical treatment of

the children or, except in occupied territory, their safety,

so require. Where the parents or legal guardians can be

found,

their

written

consent

to

such

evacuation

is

required. If these persons cannot be found, the written

consent to such evacuation of the persons who by law or

custom are primarily responsible for the care of the

children

is

required.

Any

such

evacuation

shall

be

supervised by the Protecting Power in agreement with

the Parties concerned, namely, the Party arranging for

the evacuation, the Party receiving the children and any

Parties whose nationals are being evacuated. In each

case, all Parties to the conflict shall take all feasible

precautions to avoid endangering the evacuation.

2. Whenever an evacuation occurs pursuant to paragraph

1, each child's education, including his religious and moral

education as his parents desire, shall be provided while

he is away with the greatest possible continuity.

3. With a view to facilitating the return to their families

and

country of children evacuated pursuant to this

Article, the authorities of the Party arranging for the

evacuation and, as appropriate, the authorities of the

receiving country shall establish for each child a card with

photographs, which they shall send to the Central Tracing

Agency of the International Committee of the Red Cross.

Each card shall bear, whenever possible, and whenever it

involves no risk of harm to the child, the following

information:

(a) surname(s) of the child;

(b) the child's first name(s);

(c) the child's sex;

(d) the place and date of birth (or, if that date is not

known, the approximate age);

(e) the father's full name;

(f) the mother's full name and her maiden name;

(g) the child's next-of-kin;

(h) the child's nationality;

(i) the child's native language, and any other languages

he speaks;

(j) the address of the child's family;

(k) any identification number for the child;

(l) the child's state of health;

(m) the child's blood group;

(n) any distinguishing features;

(o) the date on which and the place where the child was

found;

(p) the date on which and the place from which the child

left the country;

(q) the child's religion, if any;

(r) the child's present address in the receiving country;

(s) should the child die before his return, the date, place

and circumstances of death and place of interment.

Chapter III. Journalists

Art 79. Measures or protection for journalists

1. Journalists engaged in dangerous professional missions

in areas of armed conflict shall be considered as civilians

within the meaning of Article 50, paragraph 1.

2. They shall be protected as such under the Conventions

and this Protocol, provided that they take no action

adversely affecting their status as civilians, and without

prejudice to the right of war correspondents accredited to

the armed forces to the status provided for in Article 4 (A)

(4) of the Third Convention.

3. They may obtain an identity card similar to the model

in Annex II of this Protocol. This card, which shall be

issued by the government of the State of which the

Journalist is a national or in whose territory he resides or

in which the news medium employing him is located,

shall attest to his status as a journalist.

Part V. Execution of the Conventions and of

its Protocols

Section I. General Provisions

Art 80. Measures for execution

1. The High Contracting Parties and the Parties to the

conflict shall without delay take all necessary measures

for

the

execution

of

their

obligations

under

the

Conventions and this Protocol.

2. The High Contracting Parties and the Parties to the

conflict shall give orders and instructions to ensure

observance of the Conventions and this Protocol, and

shall supervise their execution.

Art 81. Activities of the Red Cross and other humanitarian

organizations

1.

The

Parties

to

the

conflict

shall

grant

to

the

International Committee of the Red Cross all facilities,

within their power so as to enable it to carry out the

humanitarian functions assigned to it by the Conventions

and this Protocol in order to ensure protection and

© Compiled by RGL

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