CHAPTER I
General Provisions
Article 1 Respect for the Convention ………………………………………………. 36
Article 2 Application of the Convention ………………………………………….. 36
Article 3 Conflicts not of an international character …………………………. 36
Article 4 Application by neutral Powers…………………………………………… 37
Article 5 Duration of application ……………………………………………………. 37
Article 6 Special agreements…………………………………………………………… 37
Article 7 Non-renunciation of rights……………………………………………….. 38
Article 8 Protecting Powers ……………………………………………………………. 38
Article 9 Activities of the International Committee of the Red Cross …. 38
Article 10 Substitutes for Protecting Powers ………………………………………. 38
Article 11 Conciliation procedure…………………………………………………….. 39
CHAPTER II
Wounded and Sick
Article 12 Protection and care………………………………………………………….. 40
Article 13 Protected persons…………………………………………………………….. 40
Article 14 Status ……………………………………………………………………………… 41
Article 15 Search for casualties. Evacuation……………………………………….. 41
Article 16 Recording and forwarding of information………………………….. 41
Article 17 Prescriptions regarding the dead.Graves Registration Service 42
Article 18 Role of the population ……………………………………………………… 43
CHAPTER III
Medical Units and Establishments
Article 19 Protection……………………………………………………………………….. 43
Article 20 Protection of hospital ships ………………………………………………. 44
Article 21 Discontinuance of protection of medical establishments
and units…………………………………………………………………………. 44
Article 22 Conditions not depriving medical units
and establishments of protection ………………………………………. 44
Article 23 Hospital zones and localities …………………………………………….. 44
CHAPTER IV
Personnel
Article 24 Protection of permanent personnel …………………………………… 45
Article 25 Protection of auxiliary personnel………………………………………. 45
Article 26 Personnel of aid societies………………………………………………….. 45
Article 27 Societies of neutral countries ……………………………………………. 46
Article 28 Retained personnel ………………………………………………………….. 46
Article 29 Status of auxiliary personnel …………………………………………….. 47
Article 30 Return of medical and religious personnel …………………………. 47
Article 31 Selection of personnel for return……………………………………….. 47
Article 32 Return of personnel belonging to neutral countries…………….. 47
CHAPTER V
Buildings and Material
Article 33 Buildings and stores…………………………………………………………. 48
Article 34 Property of aid societies …………………………………………………… 48
CHAPTER VI
Medical Transports
Article 35 Protection……………………………………………………………………….. 49
Article 36 Medical aircraft ……………………………………………………………….. 49
Article 37 Flight over neutral countries. Landing of wounded……………… 49
CHAPTER VII
The Distinctive Emblem
Article 38 Emblem of the Convention……………………………………………….. 50
Article 39 Use of the emblem …………………………………………………………… 50
Article 40 Identification of medical and religious personnel ……………….. 50
Article 41 Identification of auxiliary personnel ………………………………….. 51
Article 42 Marking of medical units and establishments …………………….. 51
Article 43 Marking of units of neutral countries ………………………………… 52
Article 44 Restrictions in the use of the emblem. Exceptions ………………. 52
CHAPTER VIII
Execution of the Convention
Article 45 Detailed execution.Unforeseen cases…………………………………. 53
Article 46 Prohibition of reprisals …………………………………………………….. 53
Article 47 Dissemination of the Convention ……………………………………… 53
Article 48 Translations. Rules of application………………………………………. 53
34 CONTENTS
CHAPTER IX
Repression of Abuses and Infractions
Article 49 Penal sanctions: I.General observations…………………………….. 53
Article 50 II.Grave breaches…………………………………………………………….. 54
Article 51 III. Responsibilities of the Contracting Parties ……………………. 54
Article 52 Enquiry procedure…………………………………………………………… 54
Article 53 Misuse of the emblem………………………………………………………. 54
Article 54 Prevention of misuse………………………………………………………… 55
Final provisions
Article 55 Languages……………………………………………………………………….. 55
Article 56 Signature ………………………………………………………………………… 55
Article 57 Ratification……………………………………………………………………… 55
Article 58 Coming into force ……………………………………………………………. 56
Article 59 Relation to previous Conventions ……………………………………… 56
Article 60 Accession ……………………………………………………………………….. 56
Article 61 Notification of accessions …………………………………………………. 56
Article 62 Immediate effect ……………………………………………………………… 56
Article 63 Denunciation ………………………………………………………………….. 56
Article 64 Registration with the United Nations ………………………………… 57
ANNEX I
Draft Agreement Relating to Hospital Zones and Localities……………………….. 58
ANNEX II
Identity Card for Members of Medical and
Religious Personnel attached to the Armed Forces ……………………………………. 60
CONTENTS 35
I
GENEVA CONVENTION
FOR THE AMELIORATION OF THE
CONDITION OF THE WOUNDED AND SICK
IN ARMED FORCES IN THE FIELD
OF 12 AUGUST 1949
CHAPTER 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 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
Respect
for the
Convention1
Application
of the
Convention
Conflicts not
of an
international
character
1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
A. GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS
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 judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
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. Neutral Powers shall apply by analogy the provisions
of the present Convention to the wounded and sick, 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. 5. For the protected persons who have fallen into the
hands of the enemy, the present Convention shall apply until their
final repatriation.
ART. 6. In addition to the agreements expressly provided for in
Articles 10, 15, 23, 28, 31, 36, 37 and 52, 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 the
wounded and sick, of members of the medical personnel or of
WOUNDED AND SICK 37
Application
by neutral
Powers
Duration of
application
Special
agreements
chaplains, as defined by the present Convention, nor restrict the
rights which it confers upon them.
Wounded and sick, 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 and sick, 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 and sick,
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.
38 FIRST GENEVA CONVENTION OF 1949
Nonrenunciation
of rights
Protecting
Powers
Activities
of the
International
Committee of
the Red Cross
Substitutes for
Protecting
Powers
When wounded and sick, 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 and sick,members of 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.
WOUNDED AND SICK 39
Conciliation
procedure
CHAPTER II
Wounded and Sick
ART. 12. Members of the armed forces and other persons
mentioned in the following Article, who are wounded or sick, shall
be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party 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.
The Party to the conflict which is compelled to abandon
wounded or sick to the enemy shall, as far as military considerations
permit, leave with them a part of its medical personnel and material
to assist in their care.
ART. 13. The Present Convention shall apply to the wounded
and sick 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.
40 FIRST GENEVA CONVENTION OF 1949
Protection
and care
Protected
persons
WOUNDED AND SICK 41
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 in international law.
6) Inhabitants of a non-occupied territory who, on the approach
of the enemy, spontaneously take up arms to resist the invading
forces, without having had time to form themselves into
regular armed units, provided they carry arms openly and
respect the laws and customs of war.
ART. 14. Subject to the provisions of Article 12, the wounded
and sick of a belligerent who fall into enemy hands shall be
prisoners of war, and the provisions of international law concerning
prisoners of war shall apply to them.
ART. 15. At all times, and particularly after an engagement,
Parties to the conflict shall,without delay, take all possible measures
to search for and collect the wounded and sick, to protect them
against pillage and ill-treatment, to ensure their adequate care, and
to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of
fire shall be arranged, or local arrangements made, to permit the
removal, exchange and transport of the wounded left on the
battlefield.
Likewise, local arrangements may be concluded between Parties to
the conflict for the removal or exchange of wounded and sick from a
besieged or encircled area, and for the passage of medical and religious
personnel and equipment on their way to that area.
ART. 16. Parties to the conflict shall record as soon as possible,
in respect of each wounded, sick or dead person of the adverse Party
falling into their hands, any particulars which may assist in his
identification.
These records should if possible include:
Status
Search for
casualties.
Evacuation
Recording and
forwarding of
information
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 ofWar 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 ofWar Agency.
Parties to the conflict shall prepare and forward to each other
through the same bureau, certificates of death or duly authenticated
lists of the dead.They shall likewise collect and forward through the
same bureau one half of a double identity disc, last wills or other
documents of importance to the next of kin, money and in general
all articles of an intrinsic or sentimental value, which are found on
the dead. These articles, together with unidentified articles, shall be
sent in sealed packets, accompanied by statements giving all
particulars necessary for the identification of the deceased owners,
as well as by a complete list of the contents of the parcel.
ART. 17. Parties to the conflict shall ensure that burial or
cremation of the dead, carried out individually as far as
circumstances permit, is preceded by a careful examination, if
possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be
made.One half of the double identity disc, or the identity disc itself
if it is a single disc, should remain on the body.
Bodies shall not be cremated except for imperative reasons of
hygiene or for motives based on the religion of the deceased. In case
of cremation, the circumstances and reasons for cremation shall be
stated in detail in the death certificate or on the authenticated list of
the dead.
They shall further ensure that the dead are honourably interred,
if possible according to the rites of the religion to which they
belonged, that their graves are respected, grouped if possible
according to the nationality of the deceased, properly maintained
and marked so that they may always be found. For this purpose,
42 FIRST GENEVA CONVENTION OF 1949
Prescriptions
regarding the
dead. Graves
Registration
Service
they shall organize at the commencement of hostilities an Official
Graves Registration Service, to allow subsequent exhumations and
to ensure the identification of bodies,whatever the site of the graves,
and the possible transportation to the home country. These
provisions shall likewise apply to the ashes, which shall be kept by
the Graves Registration Service until proper disposal thereof in
accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of
hostilities, these Services shall exchange, through the Information
Bureau mentioned in the second paragraph of Article 16, lists
showing the exact location and markings of the graves together with
particulars of the dead interred therein.
ART. 18. The military authorities may appeal to the charity of the
inhabitants voluntarily to collect and care for,under their direction, the
wounded and sick, granting persons who have responded to this
appeal the necessary protection and facilities. Should the adverse Party
take or retake control of the area, it shall likewise grant these persons
the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief
societies, even in invaded or occupied areas, spontaneously to
collect and care for wounded or sick of whatever nationality. The
civilian population shall respect these wounded and sick, and in
particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the
wounded or sick.
The provisions of the present Article do not relieve the occupying
Power of its obligation to give both physical and moral care to the
wounded and sick.
CHAPTER III
Medical Units and Establishments
ART. 19. Fixed establishments and mobile medical units of the
Medical Service may in no circumstances be attacked, but shall at all
times be respected and protected by the Parties to the conflict.
Should they fall into the hands of the adverse Party, their personnel
shall be free to pursue their duties, as long as the capturing Power
has not itself ensured the necessary care of the wounded and sick
found in such establishments and units.
WOUNDED AND SICK 43
Role of the
population
Protection
The responsible authorities shall ensure that the said medical
establishments and units are, as far as possible, situated in such a
manner that attacks against military objectives cannot imperil their
safety.
ART. 20. Hospital ships entitled to the protection of the
Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
of August 12, 1949, shall not be attacked from the land.
ART. 21. The protection to which fixed establishments and
mobile medical units of the Medical Service are entitled shall not
cease unless they are used to commit, outside their humanitarian
duties, acts harmful to the enemy. Protection may, however, cease only
after a due warning has been given, naming, in all appropriate cases, a
reasonable time limit and after such warning has remained unheeded.
ART. 22. The following conditions shall not be considered as
depriving a medical unit or establishment of the protection
guaranteed by Article 19:
1. That the personnel of the unit or establishment are armed,
and that they use the arms in their own defence, or in that of
the wounded and sick in their charge.
2. That in the absence of armed orderlies, the unit or establishment
is protected by a picket or by sentries or by an escort.
3. That small arms and ammunition taken from the wounded
and sick and not yet handed to the proper service, are found
in the unit or establishment.
4. That personnel and material of the veterinary service are
found in the unit or establishment, without forming an
integral part thereof.
5. That the humanitarian activities of medical units and
establishments or of their personnel extend to the care of
civilian wounded or sick.
ART. 23. In time of peace, the High Contracting Parties and,
after the outbreak of hostilities, the Parties to the conflict, may
establish in their own territory and, if the need arises, in occupied
areas, hospital zones and localities so organized as to protect the
wounded and sick from the effects of war, as well as the personnel
entrusted with the organization and administration of these zones
and localities and with the care of the persons therein assembled.
44 FIRST GENEVA CONVENTION OF 1949
Hospital zones
and localities
Conditions
not depriving
medical units
and establishments
of
protection
Discontinuance
of
protection of
medical
establishments
and
units
Protection
of hospital
ships
WOUNDED AND SICK 45
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recognition
of the hospital 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 zones and localities.
CHAPTER IV
Personnel
ART. 24. Medical personnel exclusively engaged in the search
for, or the collection, transport or treatment of the wounded or sick,
or in the prevention of disease, staff exclusively engaged in the
administration of medical units and establishments, as well as
chaplains attached to the armed forces, shall be respected and
protected in all circumstances.
ART. 25. Members of the armed forces specially trained for
employment, should the need arise, as hospital orderlies, nurses or
auxiliary stretcher-bearers, in the search for or the collection,
transport or treatment of the wounded and sick shall likewise be
respected and protected if they are carrying out these duties at the time
when they come into contact with the enemy or fall into his hands.
ART. 26. The staff of National Red Cross Societies and that of
other Voluntary Aid Societies, duly recognized and authorized by
their Governments,who may be employed on the same duties as the
personnel named in Article 24, are placed on the same footing as the
personnel named in the said Article, provided that the staff of such
societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in
time of peace or at the commencement of or during hostilities, but in
any case before actually employing them, the names of the societies
which it has authorized, under its responsibility, to render assistance
to the regular medical service of its armed forces.
Protection of
permanent
personnel
Protection of
auxiliary
personnel
Personnel of
aid societies
ART. 27. A recognized Society of a neutral country can only
lend the assistance of its medical personnel and units to a Party to
the conflict with the previous consent of its own Government and
the authorization of the Party to the conflict concerned. That
personnel and those units shall be placed under the control of that
Party to the conflict.
The neutral Government shall notify this consent to the
adversary of the State which accepts such assistance. The Party to
the conflict who accepts such assistance is bound to notify the
adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as
interference in the conflict.
The members of the personnel named in the first paragraph shall
be duly furnished with the identity cards provided for in Article 40
before leaving the neutral country to which they belong.
ART. 28. Personnel designated in Articles 24 and 26 who fall
into the hands of the adverse Party, shall be retained only in so far as
the state of health, the spiritual needs and the number of prisoners
of war require.
Personnel thus retained shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
Geneva Convention relative to the Treatment of Prisoners ofWar of
August 12, 1949. Within the framework of the military laws and
regulations of the Detaining Power, and under the authority of its
competent service, they shall continue to carry out, in accordance
with their professional ethics, their medical and spiritual duties on
behalf of prisoners of war, preferably those of the armed forces to
which they themselves belong. They shall further enjoy the
following facilities for carrying out their medical or spiritual duties:
a) They shall be authorized to visit periodically the prisoners of war
in labour units or hospitals outside the camp. The Detaining
Power shall put at their disposal the means of transport required.
b) In each camp the senior medical officer of the highest rank
shall be responsible to the military authorities of the camp for
the professional activity of the retained medical personnel. For
this purpose, from the outbreak of hostilities, the Parties to the
conflict shall agree regarding the corresponding seniority of
the ranks of their medical personnel, including those of the
societies designated in Article 26. In all questions arising out of
their duties, this medical officer, and the chaplains, shall have
direct access to the military and medical authorities of the
camp who shall grant them the facilities they may require for
correspondence relating to these questions.
46 FIRST GENEVA CONVENTION OF 1949
Retained
personnel
Societies of
neutral
countries
WOUNDED AND SICK 47
c) Although retained personnel in a camp shall be subject to its
internal discipline, they shall not, however, be required to
perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make
arrangements for relieving where possible retained personnel, and
shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining
Power of the obligations imposed upon it with regard to the medical
and spiritual welfare of the prisoners of war.
ART. 29. Members of the personnel designated in Article 25
who have fallen into the hands of the enemy, shall be prisoners of
war, but shall be employed on their medical duties in so far as the
need arises.
ART. 30. Personnel whose retention is not indispensable by
virtue of the provisions of Article 28 shall be returned to the Party
to the conflict to whom they belong, as soon as a road is open for
their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
Geneva Convention relative to the Treatment of Prisoners ofWar of
August 12, 1949. They shall continue to fulfil their duties under the
orders of the adverse Party and shall preferably be engaged in the
care of the wounded and sick of the Party to the conflict to which
they themselves belong.
On their departure, they shall take with them the effects, personal
belongings, valuables and instruments belonging to them.
ART. 31. The selection of personnel for return under Article 30
shall be made irrespective of any consideration of race, religion or
political opinion, but preferably according to the chronological order
of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may
determine by special agreement the percentage of personnel to be
retained, in proportion to the number of prisoners and the
distribution of the said personnel in the camps.
ART. 32. Persons designated in Article 27 who have fallen into
the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to
their country, or if this is not possible, to the territory of the Party to
the conflict in whose service they were, as soon as a route for their
return is open and military considerations permit.
Return of
medical and
religious
personnel
Selection of
personnel for
return
Return of
personnel
belonging to
neutral
countries
Status of
auxiliary
personnel
48 FIRST GENEVA CONVENTION OF 1949
Pending their release, they shall continue their work under the
direction of the adverse Party; they shall preferably be engaged in
the care of the wounded and sick of the Party to the conflict in
whose service they were.
On their departure, they shall take with them their effects,
personal articles and valuables and the instruments, arms and if
possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in
their power, the same food, lodging, allowances and pay as are
granted to the corresponding personnel of their armed forces. The
food shall in any case be sufficient as regards quantity, quality and
variety to keep the said personnel in a normal state of health.
CHAPTER V
Buildings and Material
ART. 33. The material of mobile medical units of the armed
forces which fall into the hands of the enemy, shall be reserved for
the care of wounded and sick.
The buildings, material and stores of fixed medical establishments
of the armed forces shall remain subject to the laws of war, but may
not be diverted from that purpose as long as they are required for the
care of wounded and sick.Nevertheless, the commanders of forces in
the field may make use of them, in case of urgent military necessity,
provided that they make previous arrangements for the welfare of the
wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be
intentionally destroyed.
ART. 34. The real and personal property of aid societies which
are admitted to the privileges of the Convention shall be regarded as
private property.
The right of requisition recognized for belligerents by the laws
and customs of war shall not be exercised except in case of urgent
necessity, and only after the welfare of the wounded and sick has
been ensured.
Buildings and
stores
Property of
aid societies
CHAPTER VI
Medical Transports
ART. 35. Transports of wounded and sick or of medical
equipment shall be respected and protected in the same way as
mobile medical units.
Should such transports or vehicles fall into the hands of the
adverse Party, they shall be subject to the laws of war, on condition
that the Party to the conflict who captures them shall in all cases
ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by
requisition shall be subject to the general rules of international law.
ART. 36. Medical aircraft, that is to say, aircraft exclusively
employed for the removal of wounded and sick and for the
transport of medical personnel and equipment, shall not be
attacked, but shall be respected by the belligerents, while flying at
heights, times and on routes specifically agreed upon between the
belligerents concerned.
They shall bear, clearly marked, the distinctive emblem
prescribed in Article 38, together with their national colours, on
their lower, upper and lateral surfaces. They shall be provided with
any other markings or means of identification that may be agreed
upon between the belligerents 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 land. In the event
of a landing thus imposed, the aircraft with its occupants may
continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemyoccupied
territory, the wounded and sick, as well as the crew of the
aircraft shall be prisoners of war. The medical personnel shall be
treated according to Article 24 and the Articles following.
ART. 37. Subject to the provisions of the second paragraph,
medical aircraft of Parties to the conflict may fly over the territory
of neutral Powers, land on it in case of necessity, or use it as a port
of call. They shall give the neutral Powers previous notice of their
passage over the said territory and obey all 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.
WOUNDED AND SICK 49
Flight over
neutral
countries.
Landing of
wounded
Protection
Medical
aircraft
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 agreed otherwise between the neutral Power and the Parties
to the conflict, the wounded and sick 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 VII
The Distinctive Emblem
ART. 38. As a compliment to Switzerland, the heraldic emblem
of the red cross on a white ground, formed by reversing the Federal
colours, is retained as the emblem and distinctive sign of the
Medical Service of armed forces.
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
sun1 on a white ground, those emblems are also recognized by the
terms of the present Convention.
ART. 39. Under the direction of the competent military
authority, the emblem shall be displayed on the flags, armlets and on
all equipment employed in the Medical Service.
ART. 40. The personnel designated in Article 24 and in
Articles 26 and 27 shall wear, affixed to the left arm, a waterresistant
armlet bearing the distinctive emblem, issued and
stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned
in Article 16, shall also carry a special identity card bearing the
50 FIRST GENEVA CONVENTION OF 1949
Emblem
of the
Convention
Use of the
emblem
Identification
of medical and
religious
personnel
1 The Government of Iran, the only country using the red lion and sun emblem on a
white ground, advised Switzerland, depositary State of the Geneva Conventions, on
4 September 1980, of the adoption of the red crescent in lieu and place of its former
emblem.This was duly communicated by the depositary on 20 October 1980 to the States
party to the Geneva Conventions.
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 finger-prints 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. 41. The personnel designated in Article 25 shall wear, but
only while carrying out medical duties, a white armlet bearing in its
centre the distinctive sign in miniature; the armlet shall be issued
and stamped by the military authority.
Military identity documents to be carried by this type of
personnel shall specify what special training they have received, the
temporary character of the duties they are engaged upon, and their
authority for wearing the armlet.
ART. 42. The distinctive flag of the Convention shall be hoisted
only over such medical units and establishments as are entitled to be
respected under the Convention, and only with the consent of the
military authorities.
In mobile units, as in fixed establishments, it may be
accompanied by the national flag of the Party to the conflict to
which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of
the enemy shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as
military considerations permit, to make the distinctive emblems
indicating medical units and establishments clearly visible to the
enemy land, air or naval forces, in order to obviate the possibility of
any hostile action.
WOUNDED AND SICK 51
Identification
of auxiliary
personnel
Marking of
medical units
and
establishments
ART. 43. The medical units belonging to neutral countries,
which may have been authorized to lend their services to a
belligerent under the conditions laid down in Article 27, shall fly,
along with the flag of the Convention, the national flag of that
belligerent,wherever the latter makes use of the faculty conferred on
him by Article 42.
Subject to orders to the contrary by the responsible military
authorities, they may, on all occasions, fly their national flag, even if
they fall into the hands of the adverse Party.
ART. 44. With the exception of the cases mentioned in the
following paragraphs of the present Article, the emblem of the red
cross on a white ground and the words Red Cross?, or Geneva
Cross?may not be employed, either in time of peace or in time of
war, except to indicate or to protect the medical units and
establishments, the personnel and material protected by the present
Convention and other Conventions dealing with similar matters.
The same shall apply to the emblems mentioned in Article 38,
second paragraph, in respect of the countries which use them. The
National Red Cross Societies and other Societies designated in
Article 26 shall have the right to use the distinctive emblem
conferring the protection of the Convention only within the
framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and
Sun) Societies may, in time of peace, in accordance with their
national legislation, make use of the name and emblem of the Red
Cross for their other activities which are in conformity with the
principles laid down by the International Red Cross Conferences.
When those activities are carried out in time of war, the conditions
for the use of the emblem shall be such that it cannot be considered
as conferring the protection of the Convention; the emblem shall be
comparatively small in size and may not be placed on armlets or on
the roofs of buildings.
The international Red Cross organizations and their duly
authorized personnel shall be permitted to make use, at all times, of
the emblem of the red cross on a white ground.
As an exceptional measure, in conformity with national
legislation and with the express permission of one of the National
Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem
of the Convention may be employed in time of peace to identify
vehicles used as ambulances and to mark the position of aid stations
exclusively assigned to the purpose of giving free treatment to the
wounded or sick.
52 FIRST GENEVA CONVENTION OF 1949
Marking of
units of
neutral
countries
Restrictions
in the use of
the emblem.
Exceptions
CHAPTER VIII
Execution of the Convention
ART. 45. 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. 46. Reprisals against the wounded, sick, personnel,
buildings or equipment protected by the Convention are
prohibited.
ART. 47. 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. 48. 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 IX
Repression of Abuses and Infractions
ART. 49. 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,
WOUNDED AND SICK 53
Detailed
execution.
Unforeseen
cases
Prohibition
of reprisals
Dissemination
of the
Convention
Translations.
Rules of
application
Penal
sanctions
I.
General
observations
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. 50. 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. 51. 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. 52. 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.
ART. 53. The use by individuals, societies, firms or companies
either public or private, other than those entitled thereto under the
present Convention, of the emblem or the designation Red Cross?
or Geneva Cross?, or any sign or designation constituting an
imitation thereof, whatever the object of such use, and irrespective
of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of
the reversed Federal colours, and of the confusion which may arise
54 FIRST GENEVA CONVENTION OF 1949
II.
Grave
breaches
III.
Responsibilities
of the
Contracting
Parties
Enquiry
procedure
Misuse of
the emblem
between the arms of Switzerland and the distinctive emblem of the
Convention, the use by private individuals, societies or firms, of the
arms of the Swiss Confederation, or of marks constituting an
imitation thereof, whether as trademarks or commercial marks, or
as parts of such marks, or for a purpose contrary to commercial
honesty, or in circumstances capable of wounding Swiss national
sentiment, shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to
the Geneva Convention of July 27, 1929, may grant to prior users of
the emblems, designations, signs or marks designated in the first
paragraph, a time limit not to exceed three years from the coming
into force of the present Convention to discontinue such use,
provided that the said use shall not be such as would appear, in time
of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present
Article shall also apply, without effect on any rights acquired
through prior use, to the emblems and marks mentioned in the
second paragraph of Article 38.
ART. 54. The High Contracting Parties shall, if their legislation
is not already adequate, take measures necessary for the prevention
and repression, at all times, of the abuses referred to under
Article 53.
Final Provisions
ART. 55. 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. 56. 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 Geneva Conventions of
1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies
in the Field.
ART. 57. 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
WOUNDED AND SICK 55
Prevention of
misuse
Languages
Signature
Ratification
by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
ART. 58. 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. 59. The present Convention replaces the Conventions of
August 22, 1864, July 6, 1906 and July 27, 1929, in relations between
the High Contracting Parties.
ART. 60. 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. 61. 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. 62. 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. 63. 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.
56 FIRST GENEVA CONVENTION OF 1949
Coming into
force
Relation to
previous
Conventions
Accession
Notification
of accessions
Immediate
effect
Denunciation
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. 64. 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.
WOUNDED AND SICK 57
Registration
with the
United
Nations
ANNEX I
DRAFT AGREEMENT RELATING TO HOSPITAL ZONES
AND LOCALITIES
ARTICLE 1. Hospital zones shall be strictly reserved for the persons named in
Article 23 of the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in the Armed Forces in the Field of August 12, 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 stay there.
ART. 2. No persons residing, in whatever capacity, in a hospital 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 zone shall take all necessary
measures to prohibit access to all persons who have no right of residence or entry
therein.
ART. 4.? Hospital zones shall fulfil the following conditions:
a) They shall comprise only a small part of the territory governed by the Power
which has established them.
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 administrative establishments.
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 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 zones shall be marked by means of red crosses (red crescents,
red lions and suns) on a white background placed on the outer precincts and on the
buildings. 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 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 constituted.
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 8.
ART. 8. Any Power having recognized one or several hospital 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, the 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 who has recognized the zone.
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 zones and localities, and
the adverse Parties to whom their existence has been notified, shall nominate or
have nominated by neutral Powers, the persons who shall be members of the
Special Commissions mentioned in Articles 8 and 9.
ART. 11. In no circumstances may hospital zones be the object of attack.They
shall be protected and respected at all times by the Parties to the conflict.
ART. 12. In the case of occupation of a territory, the hospital 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 zones.
FIRST GENEVA CONVENTION OF 1949 ANNEX I 59
(Space reserved for the name
of the country and military
authority issuing this card)
IDENTITY CARD
for members of medical and religious
personnel attached to the armed forces
Surname ……………………………………………………..
First names ………………………………………………….
Date of birth………………………………………………..
Rank …………………………………………………………..
Army Number……………………………………………..
The bearer of this card is protected by the
Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, in his
capacity as
…………………………………………………………………..
Date of issue Number of Card
……………………………… ……………………………..
Signature of bearer or
finger-prints or both
Other distinguishing marks:
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
Photo
of bearer
Height Eyes Hair
Embosssed
stamp
of military
authority
issuing card
Front Reverse side
ANNEX II