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 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 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 j 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.
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
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.
(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
civil 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:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the
Information Bureau described in Article 122 of the Geneva Convention relative to the
Treatment of Prisoners of War of 12 August 1949, which shall transmit this information to
the Power on which these persons depend through the intermediary of the Protecting Power
and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same
bureau, certificates of death or duly authenticated lists of the dead. They shall likewise
collect and forward through the same bureau one half of a double identity disc, last wills
or other documents of importance to the next of kin, money and in general all articles of
an intrinsic or sentimental value, which are found on the dead. These articles, together
with unidentified articles, shall be sent in sealed packets, accompanied by statements
giving all particulars necessary for the identification of the deceased owners, as well as
by a complete list of the contents of the parcel.
Art. 17. Parties to the conflict shall ensure that burial or cremation of the dead,
carried out individually as far as circumstances permit, is preceded by a careful
examination, if possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be made. One half of the
double identity disc, or the identity disc itself if it is a single disc, should remain on
the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for motives
based on the religion of the deceased. In case of cremation, the circumstances and reasons
for cremation shall be stated in detail in the death certificate or on the authenticated
list of the dead.
They shall further ensure that the dead are honourably interred, if possible according
to the rites of the religion to which they belonged, that their graves are respected,
grouped if possible according to the nationality of the deceased, properly maintained and
marked so that they may always be found. For this purpose, they shall organize at the
commencement of hostilities an Official Graves Registration Service, to allow subsequent
exhumations and to ensure the identification of bodies, whatever the site of the graves,
and the possible transportation to the home country. These provisions shall likewise apply
to the ashes, which shall be kept by the Graves Registration Service until proper disposal
thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities, these
Services shall exchange, through the Information Bureau mentioned in the second paragraph
of Article 16, lists showing the exact location and markings of the graves, together with
particulars of the dead interred therein.
Art. 18. The military authorities may appeal to the charity of the inhabitants
voluntarily to collect and care for, under their direction, the wounded and sick, granting
persons who have responded to this appeal the necessary protection and facilities. Should
the adverse Party take or retake control of the area, he shall likewise grant these
persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in
invaded or occupied areas, spontaneously to collect and care for wounded or sick of
whatever nationality. The civilian population shall respect these wounded and sick, and in
particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occupying Power of its
obligation to give both physical and moral care to the wounded and sick.
Chapter III. Medical Units and Establishments
Art. 19. Fixed establishments and mobile medical units of the Medical Service may in no
circumstances be attacked, but shall at all times be respected and protected by the
Parties to the conflict. Should they fall into the hands of the adverse Party, their
personnel shall be free to pursue their duties, as long as the capturing Power has not
itself ensured the necessary care of the wounded and sick found in such establishments and
units.
The responsible authorities shall ensure that the said medical establishments and units
are, as far as possible, situated in such a manner that attacks against military
objectives cannot imperil their safety.
Art. 20. Hospital ships entitled to the protection of the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at
Sea of 12 August 1949, shall not be attacked from the land.
Art. 21. The protection to which fixed establishments and mobile medical units of the
Medical Service are entitled shall not cease unless they are used to commit, outside their
humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after
a due warning 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 thereto, 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.
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.
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 of War of 12 August 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.
(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 of War of 12 August 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.
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.
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 enemy-occupied 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.
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 sun 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 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 16, 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, and 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.
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 rational 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.
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, arid shall
bring such persons, regardless of their nationality, before its own courts. It may also,
if it prefers, and in accordance with the provisions of its own legislation, hand such
persons over for trial to another High Contracting Party concerned, provided such High
Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all
acts contrary to the provisions of the present Convention other than the grave breaches
defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial
and defence, which shall not be less favourable than those provided by Article 105 and
those following, of the Geneva Convention relative to the Treatment of Prisoners of War of
12 August 1949.
Art. 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 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 27 July 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 12 February 1950, in the name of the Powers represented at the Conference which
opened at Geneva on 21 April 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
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 22 August 1864, 6 July
1906, and 27 July 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 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. 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.
Annex I. Draft Agreement Relating to Hospital Zones and Localities
Article 1. Hospital zones shall be strictly observed 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 12 August 1949, and for the personnel entrusted with
the organization and administration of these zones and localities, and with the care of
the persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall have the
right to 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 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 receive 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 of several hospital zones instituted by the
adverse Party shall be entitled to demand control by one or more Special Commissioners,
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.
Annex II.
Identity Card for Members of Medical and Religious Personnel attached to the Armed
Forces
Geneva Convention I | Geneva Convention II | Geneva Convention III
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