Chapter I. General Provisions
Art 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 peacetime, 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
provisions:
(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 and torture;
(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 judgement
pronounced by a regularly constituted court, affording all the judicial guarantees which
are recognized as indispensable by civilized peoples.
(2) The wounded, sick and shipwrecked 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. In case of hostilities between land and naval forces of Parties to the conflict,
the provisions of the present Convention shall apply only to forces on board ship.
Forces put ashore shall immediately become subject to the provisions of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949.
Art 5. Neutral Powers shall apply by analogy the provisions of the present Convention
to the wounded, sick and shipwrecked, and to members of the medical personnel and to
chaplains of the armed forces of the Parties to the conflict received or interned in their
territory, as well as to dead persons found.
Art 6. In addition to the agreements expressly provided for in Articles 10, 18, 31, 38,
39, 40, 43 and 53, 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 wounded, sick and shipwrecked
persons, of members of the medical personnel or of chaplains, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains,
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 7. Wounded, sick and shipwrecked persons, as well as members of the medical
personnel and chaplains, may in no circumstances renounce in part or in entirety the
rights secured to them by the present Convention, and by the special agreements referred
to in the foregoing Article, if such there be.
Art 8. The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the
Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from
their diplomatic or consular staff, delegates from amongst their own nationals or the
nationals of other neutral Powers. The said delegates shall be subject to the approval of
the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task
of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed
their mission under the present Convention. They shall, in particular, take account of the
imperative necessities of security of the State wherein they carry out their duties. Their
activities shall only be restricted as an exceptional and temporary measure when this is
rendered necessary by imperative military necessities.
Art 9. The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or any other
impartial humanitarian organization may, subject to the consent of the Parties to the
conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons,
medical personnel and chaplains, and for their relief.
Art 10. The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties incumbent
on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit
or cease to benefit, no matter for what reason, by the activities of a Protecting Power or
of an organization provided for in the first paragraph above, the Detaining Power shall
request a neutral State, or such an organization, to undertake the functions performed
under the present Convention by a Protecting Power designated by the Parties to a
conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or
shall accept, subject to the provisions of this Article, the offer of the services of a
humanitarian organization, such as the International Committee of the Red Cross, to assume
the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility towards
the Party to the conflict on which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a position to undertake
the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the
other Power or its allies by reason of military events, more particularly where the whole,
or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such
mention also applies to substitute organizations in the sense of the present Article.
Art 11. In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the Protecting
Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the conflict a meeting of their
representatives, in particular of the authorities responsible for the wounded, sick and
shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the proposals made to
them for this purpose. The Protecting Powers may, if necessary, propose for approval by
the Parties to the conflict, a person belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who shall be invited to take part in such a
meeting.
Chapter II. Wounded, Sick and Shipwrecked
Art 12. Members of the armed forces and other persons mentioned in the following
Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and
protected in all circumstances, it being understood that the term "shipwreck"
means shipwreck from any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict in
whose power they may be, without any adverse distinction founded on sex, race,
nationality, religion, political opinions, or any other similar criteria. Any attempts
upon their lives, or violence to their persons, shall be strictly prohibited; in
particular, they shall not be murdered or exterminated, subjected to torture or to
biological experiments; they shall not wilfully be left without medical assistance and
care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be
administered.
Women shall be treated with all consideration due to their sex.
Art 13. The present Convention shall apply to the wounded, sick and shipwrecked
at sea belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias
or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the conflict and operating in or
outside their own territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance movements, fulfil the
following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a Government or an authority
not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as
civilian members of military aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the welfare of the armed forces,
provided that they have received authorization from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine
and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more
favourable treatment under any other provisions of international law.
(6) Inhabitants of a non-occupied territory who, on the approach of the enemy,
spontaneously take up arms to resist the invading forces, without having had time to form
themselves into regular armed units, provided they carry arms openly and respect the laws
and customs of war.
Art 14. All warships of a belligerent Party shall have the right to demand that the
wounded, sick or shipwrecked on board military hospital ships, and hospital ships
belonging to relief societies or to private individuals, as well as merchant vessels,
yachts and other craft shall be surrendered, whatever their nationality, provided that the
wounded and sick are in a fit state to be moved and that the warship can provide adequate
facilities for necessary medical treatment.
Art 15. If wounded, sick or shipwrecked persons are taken on board a neutral warship or
a neutral military aircraft, it shall be ensured, where so required by international law,
that they can take no further part in operations of war.
Art 16. Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a
belligerent who fall into enemy hands shall be prisoners of war, and the provisions of
international law concerning prisoners of war shall apply to them. The captor may decide,
according to circumstances, whether it is expedient to hold them, or to convey them to a
port in the captor's own country, to a neutral port or even to a port in enemy territory.
In the last case, prisoners of war thus returned to their home country may not serve for
the duration of the war.
Art 17. Wounded, sick or shipwrecked persons who are landed in neutral ports with the
consent of the local authorities, shall, failing arrangements to the contrary between the
neutral and the belligerent Powers, be so guarded by the neutral Power, where so required
by international law, that the said persons cannot again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power on whom
the wounded, sick or shipwrecked persons depend.
Art 18. After each engagement, Parties to the conflict shall, without delay, take all
possible measures to search for and collect the shipwrecked, wounded and sick, to protect
them against pillage and ill-treatment, to ensure their adequate care, and to search for
the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local
arrangements for the removal of the wounded and sick by sea from a besieged or encircled
area and for the passage of medical and religious personnel and equipment on their way to
that area.
Art 19. The Parties to the conflict shall record as soon as possible, in respect of
each shipwrecked, wounded, sick or dead person of the adverse Party falling into their
hands, any particulars which may assist in his
identification. These records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the information
bureau described in Article 122 of the Geneva Convention relative to the Treatment of
Prisoners of War of August 12, 1949, which shall transmit this information to the Power on
which these persons depend through the intermediary of the Protecting Power and of the
Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same
bureau, certificates of death or duly authenticated lists of the dead. They shall likewise
collect and forward through the same bureau one half of the double identity disc, or the
identity disc itself if it is a single disc, last wills or other documents of importance
to the next of kin, money and in general all articles of an intrinsic or sentimental
value, which are found on the dead. These articles, together with unidentified articles,
shall be sent in sealed packets, accompanied by statements giving all particulars
necessary for the identification of the deceased owners, as well as by a complete list of
the contents of the parcel.
Art 20. Parties to the conflict shall ensure that burial at sea of the dead, carried
out individually as far as circumstances permit, is preceded by a careful examination, if
possible by a medical examination, of the bodies, with a view to confirming death,
establishing identity and enabling a report to be made. Where a double identity disc is
used, one half of the disc should remain on the body.
If dead persons are landed, the provisions of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949 shall be applicable.
Art 21. The Parties to the conflict may appeal to the charity of commanders of neutral
merchant vessels, yachts or other craft, to take on board and care for wounded, sick or
shipwrecked persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord
collected wounded, sick or shipwrecked persons, shall enjoy special protection and
facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in the absence
of any promise to the contrary, they shall remain liable to capture for any violations of
neutrality they may have committed.
Chapter III. Hospital Ships
Art 22. Military hospital ships, that is to say, ships built or equipped by the Powers
specially and solely with a view to assisting the wounded, sick and shipwrecked, to
treating them and to transporting them, may in no circumstances be attacked or captured,
but shall at all times be respected and protected, on condition that their names and
descriptions have been notified to the Parties to the conflict ten days before those ships
are employed.
The characteristics which must appear in the notification shall include registered
gross tonnage, the length from stem to stern and the number of masts and funnels.
Art 23. Establishments ashore entitled to the protection of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949 shall be protected from bombardment or attack from the sea.
Art 24. Hospital ships utilized by National Red Cross Societies, by officially
recognized relief societies or by private persons shall have the same protection as
military hospital ships and shall be exempt from capture, if the Party to the conflict on
which they depend has given them an official commission and in so far as the provisions of
Article 22 concerning notification have been complied with.
These ships must be provided with certificates from the responsible authorities,
stating that the vessels have been under their control while fitting out and on departure.
Art 25. Hospital ships utilized by National Red Cross Societies, officially recognized
relief societies, or private persons of neutral countries shall have the same protection
as military hospital ships and shall be exempt from capture, on condition that they have
placed themselves under the control of one of the Parties to the conflict, with the
previous consent of their own governments and with the authorization of the Party to the
conflict concerned, in so far as the provisions of Article 22 concerning notification have
been complied with.
Art 26. The protection mentioned in Articles 22, 24 and 25 shall apply to hospital
ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to
ensure the maximum comfort and security, the Parties to the conflict shall endeavour to
utilize, for the transport of wounded, sick and shipwrecked over long distances and on the
high seas, only hospital ships of over 2,000 tons gross.
Art 27. Under the same conditions as those provided for in Articles 22 and 24, small
craft employed by the State or by the officially recognized lifeboat institutions for
coastal rescue operations, shall also be respected and protected, so far as operational
requirements permit.
The same shall apply so far as possible to fixed coastal installations used exclusively
by these craft for their humanitarian missions.
Art 28. Should fighting occur on board a warship, the sick-bays shall be respected and
spared as far as possible. Sick-bays and their equipment shall remain subject to the laws
of warfare, but may not be diverted from their purpose so long as they are required for
the wounded and sick. Nevertheless, the commander into whose power they have fallen may,
after ensuring the proper care of the wounded and sick who are accommodated therein, apply
them to other purposes in case of urgent military necessity.
Art 29. Any hospital ship in a port which falls into the hands of the enemy shall be
authorized to leave the said port.
Art 30. The vessels described in Articles 22, 24, 25 and 27 shall afford relief and
assistance to the wounded, sick and shipwrecked without distinction of nationality.
The High Contracting Parties undertake not to use these vessels for any military
purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Art 31. The Parties to the conflict shall have the right to control and search the
vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these
vessels, order them off, make them take a certain course, control the use of their
wireless and other means of communication, and even detain them for a period not exceeding
seven days from the time of interception, if the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that
orders given in virtue of the provisions of the preceding paragraph are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the hospital
ship in a language he can understand, the orders they have given the captain of the
vessel.
Parties to the conflict may, either unilaterally or by particular agreements, put on
board their ships neutral observers who shall verify the strict observation of the
provisions contained in the present Convention.
Art 32. Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as
regards their stay in a neutral port.
Art 33. Merchant vessels which have been transformed into hospital ships cannot be put
to any other use throughout the duration of hostilities.
Art 34. The protection to which hospital ships and sick-bays 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
unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless
or other means of communication.
Art 35. The following conditions shall not be considered as depriving hospital
ships or sick-bays of vessels of the protection due to them:
(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order,
for their own defence or that of the sick and wounded.
(2) The presence on board of apparatus exclusively intended to facilitate navigation or
communication.
(3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition
taken from the wounded, sick and shipwrecked and not yet handed to the proper service.
(4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels
or of the crews extend to the care of wounded, sick or shipwrecked civilians.
(5) The transport of equipment and of personnel intended exclusively for medical duties,
over and above the normal requirements.
Chapter IV. Personnel
Art 36. The religious, medical and hospital personnel of hospital ships and their crews
shall be respected and protected; they may not be captured during the time they are in the
service of the hospital ship, whether or not there are wounded and sick on board.
Art 37. The religious, medical and hospital personnel assigned to the medical or
spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into
the hands of the enemy, be respected and protected; they may continue to carry out their
duties as long as this is necessary for the care of the wounded and sick. They shall
afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are,
considers it practicable. They may take with them, on leaving the ship, their personal
property.
If, however, it prove necessary to retain some of this personnel owing to the medical
or spiritual needs of prisoners of war, everything possible shall be done for their
earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949.
Chapter V. Medical Transports
Art 38. Ships chartered for that purpose shall be authorized to transport equipment
exclusively intended for the treatment of wounded and sick members of armed forces or for
the prevention of disease, provided that the particulars regarding their voyage have been
notified to the adverse Power and approved by the latter. The adverse Power shall preserve
the right to board the carrier ships, but not to capture them or seize the equipment
carried.
By agreement amongst the Parties to the conflict, neutral observers may be placed on
board such ships to verify the equipment carried. For this purpose, free access to the
equipment shall be given.
Art 39. Medical aircraft, that is to say, aircraft exclusively employed for the removal
of the wounded, sick and shipwrecked, and for the transport of medical personnel and
equipment, may not be the object of attack, but shall be respected by the Parties to the
conflict, while flying at heights, at times and on routes specifically agreed upon between
the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article 41,
together with their national colours, on their lower, upper and lateral surfaces. They
shall be provided with any other markings or means of identification which may be agreed
upon between the Parties to the conflict upon the outbreak or during the course of
hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the event of
having thus to alight, the aircraft with its occupants may continue its flight after
examination, if any.
In the event of alighting involuntarily on land or water in enemy or enemy-occupied
territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be
prisoners of war. The medical personnel shall be treated according to Articles 36 and 37.
Art 40. Subject to the provisions of the second paragraph, medical aircraft of Parties
to the conflict may fly over the territory of neutral Powers, land thereon in case of
necessity, or use it as a port of call. They shall give neutral Powers prior notice of
their passage over the said territory, and obey every summons to alight, on land or water.
They will be immune from attack only when flying on routes, at heights and at times
specifically agreed upon between the Parties to the conflict and the neutral Power
concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or
landing of medical aircraft on their territory. Such possible conditions or restrictions
shall be applied equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the
wounded, sick or shipwrecked who are disembarked with the consent of the local authorities
on neutral territory by medical aircraft shall be detained by the neutral Power, where so
required by international law, in such a manner that they cannot again take part in
operations of war. The cost of their accommodation and internment shall be borne by the
Power on which they depend.
Chapter VI. The Distinctive Emblem
Art 41. Under the direction of the competent military authority, the emblem of the red
cross on a white ground shall be displayed on the flags, armlets and on all equipment
employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of the red
cross, the red crescent or the red lion and sun on a white ground, these emblems are also
recognized by the terms of the present Convention.
Art 42. The personnel designated in Articles 36 and 37 shall wear, affixed to the left
arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the
military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall
also carry a special identity card bearing the distinctive emblem. This card shall be
water-resistant and of such size that it can be carried in the pocket. It shall be worded
in the national language, shall mention at least the surname and first names, the date of
birth, the rank and the service number of the bearer, and shall state in what capacity he
is entitled to the protection of the present Convention. The card shall bear the
photograph of the owner and also either his signature or his fingerprints or both. It
shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as
possible, of a similar type in the armed forces of the High Contracting Parties. The
Parties to the conflict may be guided by the model which is annexed, by way of example, to
the present Convention. They shall inform each other, at the outbreak of hostilities, of
the model they are using. Identity cards should be made out, if possible, at least in
duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity
cards nor of the right to wear the armlet. In case of loss they shall be entitled to
receive duplicates of the cards and to have the insignia replaced.
Art 43. The ships designated in Articles 22, 24, 25 and 27 shall be distinctively
marked as follows:
(a) All exterior surfaces shall be white.
(b) One or more dark red crosses, as large as possible, shall be painted and displayed on
each side of the hull and on the horizontal surfaces, so placed as to afford the greatest
possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag and
further, if they belong to a neutral state, the flag of the Party to the conflict whose
direction they have accepted. A white flag with a red cross shall be flown at the mainmast
as high as possible.
Lifeboats of hospital ships, coastal lifeboats and au small craft used by the Medical
Service shall be painted white with dark red crosses prominently displayed and shall, in
general, comply with the identification system prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night and in times of
reduced visibility the protection to which they are entitled, must, subject to the assent
of the Party to the conflict under whose power they are, take the necessary measures to
render their painting and distinctive emblems sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally detained by the
enemy, must haul down the flag of the Party to the conflict in whose service they are or
whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying Power
from a base which is occupied, may be allowed, when away from their base, to continue to
fly their own national colours along with a flag carrying a red cross on a white ground,
subject to prior notification to all the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply equally to the
other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual agreements in
order to use the most modern methods available to facilitate the identification of
hospital ships.
Art 44. The distinguishing signs referred to in Article 43 can only be used, whether in
time of peace or war, for indicating or protecting the ships therein mentioned, except as
may be provided in any other international Convention or by agreement between all the
Parties to the conflict concerned.
Art 45. The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at all times, of
any abuse of the distinctive signs provided for under Article 43.
Chapter VII. Execution of the Convention
Art 46. Each Party to the conflict, acting through its Commanders-in-Chief, shall
ensure the detailed execution of the preceding Articles and provide for unforeseen cases,
in conformity with the general principles of the present Convention.
Art 47. Reprisals against the wounded, sick and shipwrecked persons, the personnel, the
vessels or the equipment protected by the Convention are prohibited.
Art 48. 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, in particular to the armed fighting forces, the medical
personnel and the chaplains.
Art 49. 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.
Chapter VIII. Repression of Abuses and Infractions
Art 50. 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
August 12, 1949.
Art 51. 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
Convention: wilful killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to body or health, and
extensive destruction and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly.
Art 52. 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 Article.
Art 53. 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.
Final Provisions
Art 54. The present Convention is established in English and in French. Both texts are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to
be made in the Russian and Spanish languages.
Art 55. The present Convention, which bears the date of this day, is open to signature
until February 12, 1950, in the name of the Powers represented at the Conference which
opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that
Conference, but which are parties to the Xth Hague Convention of October 13, 1907 for the
adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, or to
the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in
Armies in the Field.
Art 56. 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 57. 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 58. The present Convention replaces the Xth Hague Convention of October 18, 1907,
for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906,
in relations between the High Contracting Parties.
Art 59. 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 60. 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 61. The situations provided for in Articles 2 and 3 shall give 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 62. Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
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 and
repatriation 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 63. 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.
Annex
Identity Card for Members of Medical and Religious Personnel attached to the Armed
Forces at Sea
Geneva Convention I |
Geneva Convention II | Geneva
Convention III |
