ukpga/Eliz2/5-6/52 — Geneva Conventions Act 1957

Geneva Conventions Act 1957 1957 c.52 An Act to enable effect to be given to certain international conventions done at Geneva on the twelfth day of August, nineteen hundred and forty-nine, and for purposes connected therewith. [31st July 1957] Whereas, with a view to the ratification by Her Majesty of the conventions set out in the Schedules to this Act, it is expedient to make certain amendments in the law: Punishment of offenders against conventions Grave breaches of scheduled conventions. 1 1 Any person, whatever his nationality, who, whether in or outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of a grave breach of any of the scheduled conventions , the first protocol or the third protocol shall be guilty of an offence . . . 1A For the purposes of subsection (1) of this section— a a grave breach of a scheduled convention is anything referred to as a grave breach of the convention in the relevant Article, that is to say— i in the case of the convention set out in the First Schedule to this Act, Article 50; ii in the case of the convention set out in the Second Schedule to this Act, Article 51; iii n the case of the convention set out in the Third Schedule to this Act, Article 130; iv in the case of the convention set out in the Fourth Schedule to this Act, Article 147; and b a grave breach of the first protocol is anything referred to as a grave breach of the protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the protocol. ; and c a grave breach of the third protocol is anything which for the purposes of Article 6 of the protocol constitutes the perfidious use of the emblem specified in section 6(1)(f) of this Act 2 In the case of an offence under this section committed outside the United Kingdom, a person may be proceeded against, indicted, tried and punished therefor in any place in the United Kingdom as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trial and punishment of offences under s.1 1A 1 The following provisions apply in relation to offences under section 1 of this Act. 2 The offence is triable only on indictment. 3 Proceedings for an offence shall not be instituted— a in England and Wales, except by or with the consent of the Attorney General; b in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland. 4 If the offence is not committed in the United Kingdom— a proceedings may be taken, and b the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom. 5 A person convicted of an offence involving murder shall be dealt with as for an offence of murder. In this subsection “ murder ” means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought. 6 In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years. Provisions as to certain legal proceedings Notice of trial of protected persons to be served on protecting power, etc. 2 1 The court before which— a a protected prisoner of war is brought up for trial for any offence; or b a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in the next following subsection, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war, on the accused and the prisoners’ representative. 2 The particulars referred to in the foregoing subsection are— a the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number; b his place of detention, internment or residence; c the offence with which he is charged; and d the court before which the trial is to take place and the time and place appointed for the trial. 3 For the purposes of this section a document purporting— a to be signed on behalf of the protecting power or by the prisoners’ representative or by the person accused, as the case may be; and b to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section, shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) of this section was served on that power, representative or person on that day. 4 In this section the expression “ prisoners’ representative ” in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners’ representative within the meaning of article 79 of the convention set out in the Third Schedule to this Act were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war. 5 Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment, remand the accused for the period of the adjournment. Legal representation of certain persons. 3 1 The court before which— a any person is brought up for trial for an offence under section one of this Act; or b a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless— i the accused is represented by counsel; and ii it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the solicitor by whom that counsel was instructed, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment, the court may remand the accused for the period of the adjournment. 2 Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the foregoing subsection, be regarded for the purposes of that subsection as representing the accused. 3 If the court adjourns the trial in pursuance of subsection (1) of this section by reason that the accused is not represented by counsel, the court shall direct that a solicitor and counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in the last foregoing subsection, counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (ii) of the said subsection (1), be regarded for the purposes of that subsection as representing the accused. 4 In relation to any proceedings before a court before which the accused may be heard by a solicitor, the foregoing provisions of this section shall be construed, with any necessary modifications, as if references therein to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court in giving a direction under the last foregoing subsection may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection. 5 A solicitor or counsel shall be assigned in pursuance of subsection (3) of this section in such manner as Her Majesty may by Order in Council prescribe, and any solicitor or counsel so assigned shall be entitled to be paid by the Secretary of State out of moneys provided by Parliament such sums in respect of fees and disbursements as the Secretary of State may by regulations made by statutory instrument prescribe. 6 In this section— “ counsel ” includes any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act); “ solicitor ” includes any person who, for the purposes of that Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act). Appeals by protected persons. 4 1 Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or the Court of Appeal in Northern Ireland , as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received a notice given— a in the case of a protected prisoner of war, by an officer of Her Majesty’s forces; b in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined, that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)( a ) of the Criminal Appeal Act 1968 and section 27(1)( a ) of the Criminal Appeal (Northern Ireland) Act 1980 (revesting and restitution of property) to the period of twenty-eight days from the date of conviction. 1A In the case of an appeal to the Supreme Court under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)( a ) or ( b ) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be. Table The Administration of Justice Act 1960 Section 2(1) The Criminal Appeal Act 1968 Section 34(1) The Criminal Appeal (Northern Ireland) Act 1980 Section 32(1) The Courts-Martial (Appeals) Act 1968 Section 40(1) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reduction of sentence and custody of protected persons. 5 1 It shall be lawful for the Secretary of State . . . in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there shall be deducted from that term a period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after committal having been sent for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run. 2 It shall be lawful for the Secretary of State . . . in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal having been sent for trial (including the period of the trial), for an aggregate period of not less than three months, to direct that the prisoner shall be transferred from that custody to the custody of an officer of Her Majesty’s forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order. Prevention of abuse of Red Cross and other emblems Use of Red Cross and other emblems. 6 1 Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Secretary of State , to use for any purpose whatsoever any of the following . . .; that is to say— a the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross" or “Geneva Cross"; b the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent"; c the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun". d the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence; e any of the distinctive signals specified in Chapter III of Annex I to the first protocol, being the signals of identification for medical units and transports. ; f the emblem of a red frame in the shape of a square on edge on a white ground, conforming to the illustration in Article 1 of the Annex to the third protocol (and whether or not incorporating another emblem, or a combination of emblems, in accordance with Article 3 of the protocol), or the designation “Red Crystal” or “third Protocol emblem” 2 Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Secretary of State , to use for any purpose whatsoever— a any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem; b any design or wording so nearly resembling any of the emblems or designations specified in the foregoing subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems. c any design so nearly resembling the sign specified in subsection (1)(d) of this section as to be capable of being mistaken for that sign; d any signal so nearly resembling any of the signals referred to in subsection (1)(e) of this section as to be capable of being mistaken for one of those signals. 3 If any person contravenes the foregoing provisions of this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale and to forfeit any goods or other article upon or in connection with which the emblem, designation, sign, signal, design or wording was used. 4 In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph ( b ) or ( c ) of subsection (1) of this section; and where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered as aforesaid, it shall be a defence for him to prove— a that he lawfully used that design or wording for that purpose before the passing of this Act; or b in a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act. 4A Subsection (4) of this section shall apply in relation to a design reproducing or resembling the sign specified in paragraph (d) of subsection (1) of this section as it applies to designs reproducing or resembling an emblem specified in paragraph (b) or (c) of that subsection. For the purposes of this subsection references in subsection (4) of this section to the passing of this Act shall be construed as references to the passing of the Geneva Conventions (Amendment) Act 1995. 4B Subsection (4) of this section shall apply in relation to a design or wording reproducing or resembling the emblem or a designation specified in paragraph (f) of subsection (1) of this section as it applies to designs or wording reproducing or resembling an emblem or designation specified in paragraph (b) or (c) of that subsection. 4C But subsection (4) of this section shall not apply by virtue of subsection (4B) of this section where the use of the design or wording concerned is such as would appear, in time of armed conflict, to confer the protection of the scheduled conventions and, where applicable, the first protocol and the second protocol. 4D For the purposes of subsection (4B) of this section references in subsection (4) of this section to the passing of this Act shall be construed as references to the passing of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009. 5 Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, and in this subsection the expression “ director ”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body. 6 It is hereby declared that this section extends to the use in or outside the United Kingdom of any such emblem, designation, design, wording, sign or signal as is referred to in subsection (1) or (2) thereof on — a any British ship (within the meaning of the Merchant Shipping (Registration, etc. ) Act 1993); b any British-controlled aircraft or hovercraft (within the meaning of section 92 of the Civil Aviation Act 1982 or, as the case may be, that section as applied to hovercraft by virtue of provision made under the Hovercraft Act 1968). 7 Proceedings for an offence under this section shall not be instituted in England except by or on behalf of the Director of Public Prosecutions or in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations. 6A 1 The Secretary of State may make regulations— a granting the authority of the Secretary of State for the purposes of subsection (1) or (2) of section 6 of this Act to persons of any description prescribed in the regulations for the use of any emblem, designation, sign, signal, design or wording referred to in those subsections; b making such provision as he may think appropriate for regulating the use for the purposes of any of the scheduled conventions, the first protocol , the second protocol or the third protocol of any emblem, designation, sign or signal; and any authority granted by regulations under paragraph (a) of this subsection may be subject to such limitations and conditions as may be prescribed in the regulations. 2 Paragraph (a) of the foregoing subsection is without prejudice to the Secretary of State’s power to give his authority under subsection (1) or (2) of section 6 of this Act otherwise than by regulations under this section. 3 The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. General Interpretation. 7 1 In this Act the following expressions have the following meanings respectively, that is to say— . . . “ enactment ” includes an enactment of the Parliament of Northern Ireland; “ protected internee ” means a person protected by the convention set out in the Fourth Schedule to this Act (including a person so protected by virtue of the first protocol) and interned in the United Kingdom; “ protected prisoner of war ” means a person protected by the convention set out in the Third Schedule to this Act (including a person protected as a prisoner of war under the first protocol) or a person entitled under the first protocol to the same protection as a prisoner of war; “ the first protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) done on 10 June 1977, the text of which is set out in the Fifth Schedule to this Act; “ the protecting power ”, in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the convention set out in the Third Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol; “ the scheduled conventions ” means the conventions set out in the Schedules to this Act. “ the second protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II ) done on 10 June 1977, the text of which is set out in the Sixth Schedule to this Act. ; “ the third protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Adoption of an Additional Distinctive Emblem (Protocol III ) done on 8 December 2005, the text of which is set out in Schedule 7 2 Save where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment. 3 If the ratification by the United Kingdom of the first protocol or the second protocol is subject to any reservation or accompanied by a declaration— a Her Majesty may by Order in Council certify that such a reservation or declaration has been made and the terms in which it was made; and b the protocol shall for the purposes of this Act be construed subject to and in accordance with any reservation or declaration so certified. 4 If such a reservation or declaration is withdrawn (in whole or part), an Order in Council under the foregoing subsection may certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration. 5 If the first protocol is further revised under Article 98 of the protocol, Her Majesty may by Order in Council amend the Fifth Schedule to this Act so as to ensure that the Schedule sets out the text of the protocol as in force in relation to the United Kingdom. Short title and extent. 8 1 This Act may be cited as the Geneva Conventions Act 1957. 2 Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend, subject to such exceptions and modifications, if any, as may be specified in the Order to— a any of the Channel Islands; b the Isle of Man; c any colony; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULES FIRST SCHEDULE GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD Sections 1, 7. Geneva, 12th August, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21st April to 12th August, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of 27th July, 1929, have agreed as follows: CHAPTER I.—GENERAL PROVISIONS ARTICLE 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. ARTICLE 2 In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised 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. ARTICLE 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 judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised 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. ARTICLE 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. ARTICLE 5 For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation. ARTICLE 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 with regard to them by one or other of the Parties to the conflict. ARTICLE 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. ARTICLE 8 The present Convention shall be applied with the co-operation 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. ARTICLE 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 organisation 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. ARTICLE 10 The High Contracting Parties may at any time agree to entrust to an organisation 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 organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation, 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 organisation 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 organisations in the sense of the present Article. ARTICLE 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 ARTICLE 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 authorise 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. ARTICLE 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 organised 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 organised 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 recognisable 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 recognised 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 authorisation 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. ARTICLE 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. ARTICLE 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. ARTICLE 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 of 12th August, 1949, relative to the Treatment of Prisoners of War 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. ARTICLE 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 and 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 organise 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 their 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. ARTICLE 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 obligations to give both physical and moral care to the wounded and sick. CHAPTER III.—MEDICAL UNITS AND ESTABLISHMENTS ARTICLE 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. ARTICLE 20 Hospital ships entitled to the protection of the Geneva Convention of 12th August, 1949, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, shall not be attacked from the land. ARTICLE 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. ARTICLE 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. ARTICLE 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 organised as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organisation 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 ARTICLE 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. ARTICLE 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. ARTICLE 26 The staff of national Red Cross societies and that of other voluntary aid societies, duly recognised and authorised 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 authorised, under its responsibility, to render assistance to the regular medical service of its armed forces. ARTICLE 27 A recognised 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 authorisation 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. ARTICLE 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 of 12th August, 1949, relative to the Treatment of Prisoners of War. 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 authorised 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. ARTICLE 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. ARTICLE 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 12th 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. ARTICLE 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. ARTICLE 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 ARTICLE 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 their 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. ARTICLE 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 recognised 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 ARTICLE 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. ARTICLE 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. ARTICLE 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 every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict. Unless 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 ARTICLE 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 recognised by the terms of the present Convention. ARTICLE 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. ARTICLE 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 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, 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. ARTICLE 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. ARTICLE 42 The distinctive fla