relative to the Protection of Civilian Persons in Time of War. Geneva,
12 August 1949.
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference
held at Geneva from April 21 to August 12, 1949, for the purpose
of establishing a Convention for the Protection of Civilian Persons in Time of War, have agreed as follows:
I. General Provisions
Article 1. The High Contracting Parties undertake to respect and to ensure respect for the
present Convention in all circumstances.
Art. 2. In addition
to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war
or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war
is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory
of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers
who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention
in relation to the said Power, if the latter accepts and applies the provisions thereof.
Art. 3. In the case
of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each
Party to the conflict shall be bound to apply, as a minimum, the following
(1) Persons taking no active part in the hostilities, including members of armed forces who
have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all
circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth
or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced
by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer
its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties
to the conflict.
Art. 4. Persons protected by the Convention are those who, at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power
of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals
of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded
as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose
hands they are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of 12 August 1949, or by the Geneva Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by the Geneva Convention relative to
the Treatment of Prisoners of War of 12 August 1949, shall not be considered as protected persons within the meaning of the
Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual
protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual
person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the
favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur,
or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in
those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the
In each case, such persons shall nevertheless be treated with humanity and, in case of trial,
shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted
the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the
security of the State or Occupying Power, as the case may be.
Art. 6. The present Convention shall apply from the outset of any conflict or occupation mentioned
in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease on the
general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one
year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the
occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the
following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establishment may take place after such
dates shall meanwhile continue to benefit by the present Convention.
Art. 7. In addition
to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting
Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate
provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention,
not restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention
is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements,
or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
Art. 8. Protected persons 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
Art. 9. 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.
Art. 10. 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 civilian persons and for their relief.
Art. 11. The High Contracting Parties may at any time agree to entrust to an international
organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue
of the present Convention.
When persons protected by the present Convention 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 applies
to substitute organizations in the sense of the present Article.
The provisions of this Article shall extend and be adapted to cases of nationals of a neutral
State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which
they are nationals has not normal diplomatic representation.
Art. 12. 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, and in particular of
the authorities responsible for protected persons, 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.
Part II. General Protection of Populations Against Certain Consequences of War
Art. 13. The provisions of Part II cover the whole of the populations of the countries in conflict,
without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended
to alleviate the sufferings caused by war.
Art. 14. In time of
peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own
territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect
from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude
agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions
of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend
their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.
Art. 15. Any Party to the conflict may, either direct or through a neutral State or some humanitarian
organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones
intended to shelter from the effects of war the following persons, without
(a) wounded and sick combatants or non-combatants;
(b) civilian persons who take no part in hostilities, and who, while they reside in the zones,
perform no work of a military character.
When the Parties concerned have agreed upon the geographical position, administration, food
supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives
of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.
Art. 16. The wounded and sick, as well as the infirm, and expectant mothers, shall be the object
of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps
taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect
them against pillage and ill-treatment.
Art. 17. The Parties to the conflict shall endeavour to conclude local agreements for the removal
from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage
of ministers of all religions, medical personnel and medical equipment on their way to such areas.
Art. 18. Civilian hospitals organized to give care to the wounded and sick, the infirm and
maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the
Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates
showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would
deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary
steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces
in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives,
it is recommended that such hospitals be situated as far as possible from such objectives.
Art. 19. The protection to which civilian hospitals 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
due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained
The fact that sick or wounded members of the armed forces are nursed in these hospitals, or
the presence of small arms and ammunition taken from such combatants and not yet been handed to the proper service, shall
not be considered to be acts harmful to the enemy.
Art. 20. Persons regularly and solely engaged in the operation and administration of civilian
hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick
civilians, the infirm and maternity cases shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable
by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of
the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while
carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of
the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
Other personnel who are engaged in the operation and administration of civilian hospitals shall
be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article,
while they are employed on such duties. The identity card shall state the duties on which they are employed.
The management of each hospital shall at all times hold at the disposal of the competent national
or occupying authorities an up-to-date list of such personnel.
Art. 21. Convoys of vehicles or hospital trains on land or specially provided vessels on sea,
conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner
as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive
emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of 12 August 1949.
Art.22. Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm
and maternity cases or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected
while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.
Unless agreed otherwise, flights over enemy or enemy occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the
aircraft with its occupants may continue its flight after examination, if any.
Art. 23. Each High Contracting Party shall allow the free passage of all consignments of medical
and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party,
even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs,
clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated
in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons
(a) that the consignments may be diverted from their destination,
(b) that the control may not be effective, or
(c) that a definite advantage may accrue to the military efforts or economy of the enemy through
the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy
or through the release of such material, services or facilities as would otherwise be required for the production of such
The Power which allows the passage of the consignments indicated in the first paragraph of
this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the
local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their
free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.
Art.24. The Parties to the conflict shall take the necessary measures to ensure that children
under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources,
and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their
education shall, as far as possible, be entrusted to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception
of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and
under due safeguards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified
by the wearing of identity discs, or by some other means.
Art. 25. All persons in the territory of a Party to the conflict, or in a territory occupied
by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and
to receive news from them. This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence
by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency
provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under
the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun)
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions
shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation
of the number of these forms despatched to one each month.
Art. 26. Each Party to the conflict shall facilitate enquiries made by members of families
dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage,
in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security
Part III. Status and Treatment of Protected Persons
Provisions common to the territories of the parties to the conflict and to occupied territories
Art. 27. Protected persons are entitled, in all circumstances, to respect for their persons,
their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at
all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against
insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against
rape, enforced prostitutiOn, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected
persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse
distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard
to protected persons as may be necessary as a result of the war.
Art. 28. The presence of a protected person may not be used to render certain points or areas
immune from military operations.
Art. 29. The Party to the conflict in whose hands protected persons may be, is responsible
for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.
Art. 30. Protected persons shall have every facility for making application to the Protecting
Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the
country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities,
within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International Committee
of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate, as much as possible, visits
to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief
to such persons.
Art. 31. No physical or moral coercion shall be exercised against protected persons, in particular
to obtain information from them or from third parties.
Art. 32. The High Contracting Parties specifically agree that each of them is prohibited from
taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands.
This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments
not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied
by civilian or military agents.
Art. 33. No protected person may be punished for an offence he or she has not personally committed.
Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Art. 34. The taking of hostages is prohibited.
Section II. Aliens in the territory of a party to the conflict
Art. 35. All protected persons who may desire to leave the territory at the outset of, or during
a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications
of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken
as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey
and take with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have
refusal reconsidered, as soon as possible by an appropriate court or administrative board designated by the Detaining Power
for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent
it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the
territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.
Art. 36. Departures permitted under the foregoing Article shall be carried out in satisfactory
conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the
territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral
country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled
by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded between Parties
to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Art. 37. Protected persons who are confined pending proceedings or serving a sentence involving
loss of liberty, shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing
Art. 38. With the exception of special measures authorized by the present Convention, in particularly
by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions
concerning aliens in time of peace. In any case, the following
rights shall be granted to them:
(1) they shall be enabled to receive the individual or collective relief that may be sent to
(2) they shall, if their state of health so requires, receive medical attention and hospital
treatment to the same extent as the nationals of the State concerned.
(3) they shall be allowed to practise their religion and to receive spiritual assistance from
ministers of their faith.
(4) if they reside in an area particularly exposed to the dangers of war, they shall be authorized
to move from that area to the same extent as the nationals of the State concerned.
(5) children under fifteen years, pregnant women and mothers of children under seven years
shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.
Art. 39. Protected persons who, as a result of the war, have lost their gainful employment,
shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to
the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person methods of control which result
in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding
paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their home country, the Protecting
Power, or the relief societies referred to in Article 30.
Art. 40. Protected persons may be compelled to work only to the same extent as nationals of
the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which
is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly
related to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons compelled to work
shall have the benefit of the same working conditions and of the same safeguards as national workers in particular as regards
wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their
right of complaint in accordance with Article 30.
Art. 41. Should the Power, in whose hands protected persons may be, consider the measures of
control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more
severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required
to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining
Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.
Art. 42. The internment or placing in assigned residence of protected persons may be ordered
only if the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands
internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.
Art. 43. Any protected person who has been interned or placed in assigned residence shall be
entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by
the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative
board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable
amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible,
give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or
who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first
paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting
Art. 44. In applying
the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively
on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.
Art. 45. Protected persons shall not be transferred to a Power which is not a party to the
This provision shall in no way constitute an obstacle to the repatriation of protected persons,
or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a party
to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee
Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the
application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that
Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected
persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation
or shall request the return of the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may
have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance
of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary
Art. 46. In so far
as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon
as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law
of the Detaining Power, as soon as possible after the close of hostilities.
Section III. Occupied territories
Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case
or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation
of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities
of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied
Art. 48. Protected persons who are not nationals of the Power whose territory is occupied,
may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall
be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.
Art. 49. Individual or mass forcible transfers, as well as deportations of protected persons
from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited,
regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area
if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement
of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid
such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest
practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected
in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have
The Occupying Power shall not detain protected persons in an area particularly exposed to the
dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into
the territory it occupies.
Art. 50. The Occupying Power shall, with the cooperation of the national and local authorities,
facilitate the proper working of all institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children
and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations
or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make
arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of
children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by
a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall be responsible
for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near
relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard
to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour
of children under fifteen years, expectant mothers, and mothers of children under seven years.
Art. 51. The Occupying Power may not compel protected persons to serve in its armed or auxiliary
forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen
years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility
services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected
persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations.
The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations
where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services
have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers
shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation
in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as
wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable
to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization
of a military or semi-military character.
Art. 52. No contract, agreement or regulation shall impair the right of any worker, whether
voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said
All measures aiming at creating unemployment or at restricting the opportunities offered to
workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.
Art. 53. Any destruction by the Occupying Power of real or personal property belonging individually
or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations,
is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Art. 54. The Occupying Power may not alter the status of public officials or judges in the
occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should
they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51.
It does not affect the right of the Occupying Power to remove public officials from their posts.
Art. 55. To the fullest extent of the means available to it, the Occupying Power has the duty
of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs,
medical stores and other articles if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies available
in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements
of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the
Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of the food and
medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.
Art. 56. To the fullest extent of the means available to it, the Occupying Power has the duty
of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments
and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application
of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel
of all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs of the occupied
State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article
18. In similar circumstances, the occupying authorities
shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the Occupying Power
shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.
Art. 57. The Occupying Power may requisition civilian hospitals only temporarily and only in
cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are
made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary
for the needs of the civilian population.
Art. 58. The Occupying Power shall permit ministers of religion to give spiritual assistance
to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required for religious
needs and shall facilitate their distribution in occupied territory.
Art. 59. If the whole or part of the population of an occupied territory is inadequately supplied,
the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means
at its disposal.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations
such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs,
medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee
A Power granting free passage to consignments on their way to territory occupied by an adverse
Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed
times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the
relief of the needy population and are not to be used for the benefit of the Occupying Power.
Art. 60. Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities
under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for
which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory
and with the consent of the Protecting Power.
Art. 61. The distribution of the relief consignments
referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting
Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power,
to the International Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs
duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the
rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge,
of such relief consignments on their way to occupied territories.
Art. 62. Subject to imperative reasons of security, protected persons in occupied territories
shall be permitted to receive the individual relief consignments sent to them.
Art. 63. Subject to temporary and exceptional measures imposed for urgent reasons of security
by the Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able
to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences.
Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;
(b) the Occupying Power may not require any changes in the personnel or structure of these
societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special organizations of
a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions
of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and
by the organization of rescues.
Art. 64. The penal laws of the occupied territory shall remain in force, with the exception
that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an
obstacle to the application of the present Convention.
Subject to the latter consideration and to the necessity for ensuring the effective administration
of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said
The Occupying Power may, however, subject the population of the occupied territory to provisions
which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the
orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the
occupying forces or administration, and likewise of the establishments and lines of communication used by them.
Art. 65. The penal provisions enacted by the Occupying Power shall not come into force before
they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal
provisions shall not be retroactive.
Art. 66. In case of
a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64 the Occupying Power may
hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in
the occupied country. Courts of appeal shall preferably sit in the occupied country.
Art. 67. The courts shall apply only those provisions of law which were applicable prior to
the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall
be proportionate to the offence. They shall take into consideration the fact the accused is not a national of the Occupying
Art. 68. Protected persons who commit an offence which is solely intended to harm the Occupying
Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration,
nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations
used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment
is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure
adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may
at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and
65 may impose the death penalty against a protected person only in cases where the person is guilty of espionage, of serious
acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the
death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory
in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of
the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is
not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced on a protected person who was under eighteen
years of age at the time of the offence.
Art. 69. In all cases
the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment
shall be deducted from any period of imprisonment of awarded.
Art. 70. Protected persons shall not be arrested, prosecuted or convicted by the Occupying
Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with
the exception of breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge
in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory,
except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak
of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
Art. 71. No sentence shall be pronounced by the competent courts of the Occupying Power except
after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing,
in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial
as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against
protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled,
at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled,
on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against
The notification to the Protecting Power, as provided for in the second paragraph above, shall
be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless,
at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial
shall not proceed. The notification shall include the following particulars:
(a) description of the accused;
(b) place of residence or detention;
(c) specification of the charge or charges (with mention of the penal provisions under which
it is brought);
(d) designation of the court which will hear the case;
(e) place and date of the first hearing.
Art. 72. Accused persons shall have the right to present evidence necessary to their defence
and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their
own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel.
When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject
to the consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by an interpreter,
both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to
the interpreter and to ask for his replacement.
Art.73. A convicted person shall have the right of appeal provided for by the laws applied
by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable,
to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to
petition against the finding and sentence to the competent authority of the Occupying Power.
Art. 74. Representatives of the Protecting Power shall have the right to attend the trial of
any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security
of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial
shall be sent to the Protecting Power.
Any judgement involving a sentence of death, or imprisonment for two years or more, shall be
communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a
reference to the notification made under Article 71 and, in the case of sentences of imprisonment, the name of the place where
the sentence is to be served. A record of judgements other than those referred to above shall be kept by the court and shall
be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving
the death penalty, or imprisonment of two years or more, shall not run until notification of judgement has been received by
the Protecting Power.
Art. 75. In no case
shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of a least six months
from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence,
or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced
in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power
or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity
to make representations to the competent occupying authorities in respect of such death sentences.
Art. 76. Protected persons accused of offences shall be detained in the occupied country, and
if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall
enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal
to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may require.
Women shall be confined in separate quarters and shall be under the direct supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates of the Protecting
Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.
Art. 77. Protected persons who have been accused of offences or convicted by the courts in
occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the
Art. 78. If the Occupying Power considers it necessary, for imperative reasons of security,
to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular
procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure
shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the
event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent
body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes
shall enjoy the full benefit of Article 39 of the present Convention.
Section IV. Regulations for the treatment of internees
Art. 79. The Parties to the conflict shall not intern protected persons, except in accordance
with the provisions of Articles 41, 42, 43, 68 and 78.
Art. 80. Internees shall retain their full civil capacity and shall exercise such attendant
rights as may be compatible with their status.
Art. 81. Parties to the conflict who intern protected persons shall be bound to provide free
of charge for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for
the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such
dependents are without adequate means of support or are unable to earn a living.
Art.82. The Detaining Power shall, as far as possible, accommodate the internees according
to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely
because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular
parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature
is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of
the present Section. Internees may request that their children who are left at liberty without parental care shall be interned
Wherever possible, interned members of the same family shall be housed in the same premises
and given separate accommodation from other internees, together with facilities for leading a proper family life.
Chapter II. Places of Internment
Art. 83. The Detaining Power shall not set up places of internment in areas particularly exposed
to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting
Powers, all useful information regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be indicated by the letters
IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other
system of marking. No place other than an internment camp shall be marked as such.
Art.84. Internees shall be accommodated and administered separately from prisoners of war and
from persons deprived of liberty for any other reason.
Art. 85. The Detaining Power is bound to take all necessary and possible measures to ensure
that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every
possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and
the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas or in districts, the
climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily
interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable
place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular
between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall
have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of
Internees shall have for their use, day and night, sanitary conveniences which conform to the
rules of hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and
soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this
purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing
and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees
who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and
sanitary conveniences for the use of such women internees shall be obligatory.
Art. 86. The Detaining Power shall place at the disposal of interned persons, of whatever denomination,
premises suitable for the holding of their religious services.
Art. 87. Canteens shall be installed in every place of internment, except where other suitable
facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market
prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well-being
Profits made by canteens shall be credited to a welfare fund to be set up for each place of
internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee
provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be transferred
to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to
a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining
Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the
contrary between the Powers concerned.
Art. 88. In all places
of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary
protection shall be installed. In case of alarms, the measures internees shall be free to enter such shelters as quickly as
possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures
taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire.
Chapter III. Food and Clothing
Art. 89. Daily food rations for internees shall be sufficient in quantity, quality and variety
to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be
taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional
food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to the kind of labour which
Expectant and nursing mothers and children under fifteen years of age, shall be given additional
food, in proportion to their physiological needs.
Art. 90. When taken into custody, internees shall be given all facilities to provide themselves
with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should
any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be
provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed on
their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing, whenever the
nature of their work so requires.
Chapter IV. Hygiene and Medical Attention
Art. 91. Every place of internment shall have an adequate infirmary, under the direction of
a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall
be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition requires
special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can
be given and shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination.
The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an
official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate
of this certificate shall be forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance of internees
in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee.
Art. 92. Medical inspections of internees shall be made at least once a month. Their purpose
shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious
diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking
of weight of each internee and, at least once a year, radioscopic examination.
Chapter V. Religious, Intellectual and Physical Activities
Art. 93. Internees shall enjoy complete latitude in the exercise of their religious duties,
including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed
by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of
their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of
internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers
be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport,
for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of
religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country
of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall
not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions
of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or
should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with
the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view,
a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has
assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline
Art. 94. The Detaining Power shall encourage intellectual, educational and recreational pursuits,
sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures
to ensure the exercice thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take
up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either
within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports and outdoor games. For
this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved
for children and young people.
Art. 95. The Detaining Power shall not employ internees as workers, unless they so desire.
Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles
40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case
After a working period of six weeks, internees shall be free to give up work at any moment,
subject to eight days' notice.
These provisions constitute no obstacle to the right of the Detaining Power to employ interned
doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ
internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens
or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against
aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion
of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions, for medical
attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents
and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the
national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work
of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements
between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power to provide for
free maintenance of internees and for the medical attention which their state of health may require. Internees permanently
detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining
Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees, thus
detailed, shall not be inferior to those applicable to work of the same nature in the same
Art.96. All labour detachments shall remain part of and dependent upon a place of internment.
The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the
observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list
of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International
Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment.
Chapter VI. Personal Property and Financial Resources
Art. 97. Internees shall be permitted to retain articles of personal use. Monies, cheques,
bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure.
Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in Article 98.
Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner
is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other valuables
taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance
with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation
in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a
receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued
with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase
coupons, to enable them to make purchases.
Art. 98. All internees shall receive regular allowances, sufficient to enable them to purchase
goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance,
the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property
in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they o~e allegiance
shall be the same for each category of internees (infirm, sick, pregnant women, etc.) but may not be allocated by that Power
or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27
of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited
the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken
from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted
all facilities consistent with the legislation in force in such territory to make remittances to their families and to other
dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by
the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their
accounts. A statement of accounts shall be furnished to the Protecting Power, on request, and shall accompany the internee
in case of transfer.
Chapter VII. Administration and Discipline
Art. 99. Every place of internment shall be put under the authority of a responsible officer,
chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge
of the place of internment must have in his possession a copy of the present Convention in the official language, or one of
the official languages, of his country and shall be responsible for its application. The staff in control of internees shall
be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded under the
said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be
in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the internees
and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually must, likewise, be given in a language
which they understand.
Art. 100. The disciplinary regime in places of internment shall be consistent with humanitarian
principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their
health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body,
In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres,
or the reduction of food rations, are prohibited.
Art. 101. Internees shall have the right to present to the authorities in whose power they
are, any petition with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee Committee
or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any
points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even
if the latter are recognized to be unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs of the internees
may be sent by the Internee Committees to the representatives of the Protecting Powers.
Art. 102. In every
place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee empowered
to represent them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other
organization which may assist them. The members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has been approved by
the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned.
Art. 103. The Internee Committees shall further the physical, spiritual and intellectual well-being
of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst
themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted
to them under other provisions of the present Convention.
Art. 104. Members of Internee Committees shall not be required to perform any other work, if
the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they
may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the
accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication
by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross
and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments
shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such
communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint
their successors with current affairs.
Chaper VIII. Relations with the Exterior
Art. 105. Immediately upon interning protected persons, the Detaining Powers shall inform them,
the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the
present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such
Art. 106. As soon as he is interned, or at the latest not more than one week after his arrival
in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every
internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article
140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his
relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may
not be delayed in any way.
Art. 107. Internees shall be allowed to send and receive letters and cards. If the Detaining
Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less
than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed
to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered
only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and
cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news
from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance
from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They
shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees' mail shall be written in their own language. The Parties to the conflict
may authorize correspondence in other languages.
Art. 108. Internees shall be allowed to receive, by post or by any other means, individual
parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects
of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the
Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due notice
thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization
giving assistance to the internees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective shipments shall, if necessary,
be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees
of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be
sent in collective parcels.
Art. 109. In the absence
of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective
relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees
to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of
them in the interests of the recipients. Nor shall such agreements restrict the right of representatives of the Protecting
Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible
for the forwarding of collective shipments, to supervise their distribution to the recipients.
Art. 110. An relief shipments for internees shall be exempt from import, customs and other
All matter sent by mail, including relief parcels sent by parcel post and remittances of money,
addressed from other countries to internees or despatched by them through the post office, either direct or through the Information
Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all
postal dues both in the countries of origin and destination and in intermediate countries. To this end, in particular, the
exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour
of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected
by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from
charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason
of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the
territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in
their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above paragraphs,
shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for
telegrams sent by internees, or addressed to them.
Art. 111. Should military operations prevent the Powers concerned from fulfilling their obligation
to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers
concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict
may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially
by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central Information Agency referred
to in Article 140 and the National Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which the Protecting Powers, the International
Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with
the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other
means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to
such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in proportion to
the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.
Art. 112. The censoring of correspondence addressed to internees or despatched by them shall
be done as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions
that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a
fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed
under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either for military
or political reasons, shall be only temporary and its duration shall be as short as possible.
Art. 113. The Detaining Powers shall provide all reasonable execution facilities for the transmission,
through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers
of attorney, letters of authority, or any other documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due
legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.
Art. 114. The Detaining Power shall afford internees all facilities to enable them to manage
their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this
purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow.
Art. 115. In all cases
where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to
be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from
being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards
the execution of any judgment of the court.
Art.116. Every internee shall be allowed to receive visitors, especially near relatives, at
regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly
in cases of death or serious illness of relatives.
Chapter IX. Penal and Disciplinary Sanctions
Art. 117. Subject to the provisions of the present Chapter, the laws in force in the territory
in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable,
whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary
No internee may be punished more than once for the same act, or on the same count.
Art. 118. The courts or authorities shall in passing sentence take as far as possible into
account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed
for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception
Internees who have served disciplinary or judicial sentences shall not be treated differently
from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary
or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees
whom they represent, and of their result.
Art. 119. The disciplinary punishments applicable to internees shall be the following:
(1) a fine which shall not exceed 50 per cent of the wages which the internee would otherwise
receive under the provisions of Article 95 during a period of not more than thirty days.
(2) discontinuance of privileges granted over and above the treatment provided for by the present
(3) fatigue duties, not exceeding two hours daily, in connection with the maintenance of the
place of internment.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees.
Account shall be taken of the internee's age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of thirty consecutive
days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches
are connected or not.
Art. 120. Internees who are recaptured after having escaped or when attempting to escape, shall
be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt
to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their
health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted
by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable on this count to
disciplinary punishment only.
Art. 121. Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed
an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities exercise leniency in
deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect
of acts committed in connection with an escape, whether successful or not.
Art. 122. Acts which constitute offences against discipline shall be investigated immediately.
This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over
to the competent authorities as soon as possible.
In cases of offences against discipline, confinement awaiting trial shall be reduced to an
absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any
sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting
trial for offences against discipline.
Art. 123. Without prejudice to the competence of courts and higher authorities, disciplinary
punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces
him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise
information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending
himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution
shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at least three days
shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of
internment and shall be open to inspection by representatives of the Protecting Power.
Art. 124. Internees shall not in any case be transferred to penitentiary establishments (prisons,
penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone shall conform
to sanitary requirements: they shall in particular be provided with adequate bedding. Internees
undergoing punishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters from
male internees and shall be under the immediate supervision of women.
Art. 125. Internees awarded disciplinary punishment shall be allowed to exercise and to stay
in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections.
They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary
of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels
and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall
meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the
No internee given a disciplinary punishment may be deprived of the benefit of the provisions
of Articles 107 and 143 of the present Convention.
Art. 126. The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings
against internees who are in the national territory of the Detaining Power.
Chapter X. Transfers of Internees
Art. 127. The transfer of internees shall always be effected humanely. As a general rule, it
shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces
of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot,
they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive
The Detaining Power shall supply internees during transfer with drinking water and food sufficient
in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and
the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer,
and shall establish before their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey
would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall
not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to
greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their
interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning
them to their own homes.
Art. 128. In the event of transfer, internees shall be officially advised of their departure and of their
new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and
parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but
in no case to less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be forwarded to them without
The commandant of the place of internment shall take, in agreement with the Internee Committee,
any measures needed to ensure the transport of the internees' community property and of the luggage the internees are unable
to take with them in consequence of restrictions imposed by virtue of the second paragraph.
Chapter XI. Deaths
Art. 129. The wills of internees shall be received for safe-keeping by the responsible authorities;
and if the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall
be made out, showing the causes of death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in accordance with the
procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy
of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in
Art. 130. The detaining authorities shall ensure that internees who die while interned are
honourably buried, if possible according to the rites of the religion to which they belonged and that their graves are respected,
properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumstances require
the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of
the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the
reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities
and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining
Power shall forward lists of graves of deceased internees to the Powers on whom deceased internees depended, through the Information
Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased
internees, as well as the exact location of their graves.
Art. 131. Every death or serious injury of an internee, caused or suspected to have been caused
by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately
followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. The evidence
of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
necessary steps to ensure the prosecution of the person or persons responsible.
Chapter XIII. Release, Repatriation and Accommodation in Neutral Countries
Art. 132. Each interned person shall be released by the Detaining Power as soon as the reasons
which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to
conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral
country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children,
wounded and sick, and internees who have been detained for a long time.
Art. 133. Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal proceedings are pending
for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if
circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced
to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set up
after the close of hostilities, or of the occupation of territories, to search for dispersed internees.
Art. 134. The High Contracting Parties shall endeavour, upon the close of hostilities or occupation,
to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.
Art. 135. The Detaining Power shall bear the expense of returning released internees to the
places where they were residing when interned, or, if it took them into custody while they were in transit or on the high
seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee
who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee's repatriation.
If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the
Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure
from its territory. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving
Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties
to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Section V. Information Bureaux and Central Agency
Art. 136. Upon the outbreak of a conflict and in all cases of occupation, each of the Parties
to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect
of the protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau
information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who
are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned
with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected
persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.
Art. 137. Each national Bureau shall immediately forward information concerning protected persons
by the most rapid means to the Powers in whose territory they resided, through the intermediary of the Protecting Powers and
likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be
received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission
might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld
from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in
All communications in writing made by any Bureau shall be authenticated by a signature or a
Art. 138. The information received by the national Bureau and transmitted by it shall be of
such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The
information in respect of each person shall include at least his surname, first names, place and date of birth, nationality
last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date,
place and nature of the action taken with regard to the individual, the address at which correspondence 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
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 of a protected person, compelling a protected person to serve in the forces of a hostile
Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention,
taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried
out unlawfully and wantonly.
Art. 148. No High Contracting Party shall be allowed to absolve itself or any other High Contracting
Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding
Art. 149. At the request of a Party to the conflict, an enquiry shall be instituted, in a manner
to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should
agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it
and shall repress it with the least possible delay.
Section II. Final Provisions
Art. 150. The present Convention is established in English and in French. Both texts are equally
The Swiss Federal Council shall arrange for official translations of the Convention to be made
in the Russian and Spanish languages.
Art. 151. The present Convention, which bears the date of this day, is open to signature until
12 February 1950, in the name of the Powers represented
at the Conference which opened at Geneva on 21 April 1949.
Art. 152. The present Convention shall be ratified as soon as possible and the ratifications
shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified
copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has
been signed, or whose accession has been notified.
Art. 153. The present Convention shall come into force six months after not less than two instruments
of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit
of the instrument of ratification.
Art. 154. In the relations
between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of
29 July 1899, or that of 18 October 1907, and who are parties to the present Convention, this last Convention shall be supplementary
to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.
Art. 155. From the date of its coming into force, it shall be open to any Power in whose name
the present Convention has not been signed, to accede to this Convention.
Art. 156. Accessions shall be notified in writing to the Swiss Federal Council, and shall take
effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
Art. 157. The situations provided for in Articles 2 and 3 shall effective immediate effect
to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities
or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received
from Parties to the conflict.
Art. 158. Each of the High Contracting Parties shall be at liberty to denounce the present
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit
it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to
the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power
is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with
the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no
way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the
law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates
of the public conscience.
Art. 159. The Swiss Federal Council shall register the present Convention with the Secretariat
of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications,
accessions and denunciations received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their respective full powers, have signed
the present Convention.
Done at Geneva this twelfth
day of August 1949, in the English and French languages.
The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified
copies thereof to each of the signatory and acceding States.
Draft Agreement Relating to Hospital and Safety Zones and Localities
Art. 1. Hospital and safety zones shall be strictly reserved for the persons mentioned in Article
23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
12 August 1949, and in Article 14 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of
12 August 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and
with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall have the right to
Art. 2. No persons residing, in whatever capacity, in a hospital and safety zone shall perform
any work, either within or without the zone, directly connected with military operations or the production of war material.
Art. 3. The Power establishing a hospital and safety zone shall take all necessary measures
to prohibit access to all persons who have no right of residence or entry therein.
Art. 4. Hospital and safety zones shall fulfil the following conditions:
(a) they shall comprise only a small part of the territory governed by the Power which has
(b) they shall be thinly populated in relation to the possibilities of accommodation
(c) they shall be far removed and free from all military objectives, or large industrial or
(d) they shall not be situated in areas which, according to every probability, may become important
for the conduct of the war.
Art. 5. Hospital and safety zones shall be subject to the following obligations:
(a) the lines of communication and means of transport which they possess shall not be used
for the transport of military personnel or material, even in transit
(b) they shall in no case be defended by military means.
Art. 6. Hospital and safety zones shall be marked by means of oblique red bands on a white
ground, placed on the buildings and outer precincts.
Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross
(Red Crescent, Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of appropriate illumination.
Art. 7. The Powers shall communicate to all the High Contracting Parties in peacetime or on
the outbreak of hostilities, a list of the hospital and safety zones in the territories governed by them. They shall also
give notice of any new zones set up during hostilities.
As soon as the adverse party has received the above-mentioned notification, the zone shall
be regularly established.
If, however, the adverse party considers that the conditions of the present agreement have
not been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the
said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article
Art. 8. Any Power having recognized one or several hospital and safety zones instituted by
the adverse Party shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertaining
if the zones fulfil the conditions and obligations stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at all times have free access to
the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection.
Art. 9. Should the Special Commissions note any facts which they consider contrary to the stipulations
of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall
fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power which has recognized
If, when the time limit has expired, the Power governing the zone has not complied with the
warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone.
Art. 10. Any Power setting up one or more hospital and safety zones, and the adverse Parties
to whom their existence has been notified, shall nominate or have nominated by the Protecting Powers or by other neutral Powers,
persons eligible to be members of the Special Commissions mentioned in Articles 8 and 9.
Art. 11. In no circumstances
may hospital and safety zones be the object of attack. They shall be protected and respected at all times by the Parties to
Art. 12. In the case
of occupation of a territory, the hospital and safety zones therein shall continue to be respected and utilized as such.
Their purpose may, however, be modified by the Occupying Power, on condition that all measures
are taken to ensure the safety of the persons accommodated.
Art. 13. The present agreement shall also apply to localities which the Powers may utilize
for the same purposes as hospital and safety zones.
Annex II. Draft Regulations concerning Collective Relief
Article 1. The Internee Committees shall be allowed to distribute collective relief shipments
for which they are responsible to all internees who are dependent for administration on the said Committee's place of internment,
including those internees who are in hospitals, or in prison or other penitentiary establishments.
Art. 2. The distribution of collective relief shipments shall be effected in accordance with
the instructions of the donors and with a plan drawn up by the Internee Committees. The issue of medical stores shall, however,
be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive
the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always
be carried out equitably.
Art. 3. Members of Internee Committees shall be allowed to go to the railway stations or other
points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as
the quality of the goods received and to make out detailed reports thereon for the donors.
Art. 4. Internee Committees shall be given the facilities necessary for verifying whether the
distribution of collective relief in all subdivisions and annexes of their places of internment has been carried out in accordance
with their instructions.
Art. 5. Internee Committees shall be allowed to complete, and to cause to be completed by members
of the Internee Committees in labour detachments or by the senior medical officers of infirmaries and hospitals, forms or
questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.).
Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.
Art. 6. In order to
secure the regular distribution of collective relief supplies to the internees in their place of internment, and to meet any
needs that may arise through the arrival of fresh parties of internees, the Internee Committees shall be allowed to create
and maintain sufficient reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their
disposal; each warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock, and the commandant
of the place of internment the keys of the other.
Art. 7. The High Contracting Parties, and the Detaining Powers in particular, shall, so far
as is in any way possible and subject to the regulations governing the food supply of the population, authorize purchases
of goods to be made in their territories for the distribution of collective relief to the internees. They shall likewise facilitate
the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making
Art. 8. The foregoing provisions shall not constitute an obstacle to the right of internees
to receive collective relief before their arrival in a place of internment or in the course of their transfer, nor to the
possibility of representatives of the Protecting Power, or of the International Committee of the Red Cross or any other humanitarian
organization giving assistance to internees and responsible for forwarding such supplies, ensuring the distribution thereof
to the recipients by any other means they may deem suitable.
I. Internment Card
III. Correspondence Card
Copyright © 2005
International Committee of the Red Cross