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4 0 obj If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request. The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees. The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. The wills of internees shall be received for safe-keeping by the responsible authorities; and if the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy. <> Last modified on April 28, 2008. The working conditions and the scale of compensation for occupational accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. "Fourth Geneva Convention Article 49." Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. endobj The death penalty may not be pronounced on a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949. Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. / Fz 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. The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. Family or identity documents in the possession of internees may not be taken away without a receipt being given. To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate. convicted person shall have the right of appeal provided for by the laws applied by the court. A notification in respect of the date and place of trial shall be sent to the Protecting Power. It shall, however, be subject to the provisions of Article 112. The 1949 Geneva Conventions. Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. They shall have permission to read and write, likewise to send and receive letters. <> endstream x3R235W(r In no circumstances may hospital and safety zones be the object of attack. Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. !) x3R235W(r @WhNwvXUKV/P*wABH!)p:`8hE@:;/e*:DEHcVa{bw\. Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock, and the commandant of the place of internment the keys of the other. For this purpose, sufficient open spaces shall be set aside in all places of internment. The Internee Committees shall be allowed to distribute collective relief shipments for which they are responsible to all internees who are dependent for administration on the said Committee's place of internment, including those internees who are in hospitals, or in prison or other penitentiary establishments. These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport. The Parties to the conflict may authorize correspondence in other languages. Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment. The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War was first adopted in 1949, based on parts of the 1907 Hague Convention IV. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140. The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. endobj It was adopted in August 1949, and defines humanitarian protections for civilians in a war zone. 325 N. LaSalle Street, Suite 200 <> The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers. stream An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. stream Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires. They shall duly notify the Power which has recognized the zone. endobj 34 0 obj Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. *bp 996Y 8)@Ye2*2ZA;} )- w }"? As a rule, internees' mail shall be written in their own language. stream endobj The Bureaux shall also reply to all enquiries which may be received regarding protected persons. Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment. The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. Members of Internee Committees shall be allowed to go to the railway stations or other points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as the quality of the goods received and to make out detailed reports thereon for the donors. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. ProCon.org is the institutional or organization author for all ProCon.org pages. endobj If any such person is refused permission to leave the territory, he shall be entitled to have refusal reconsidered, as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. 46 0 obj Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949. >A.@!c=KM, lE The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. 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: violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. It was signed on 12 December 1977. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. 19 0 obj P+2Cw]kmKAEA(m'% vM C-}@nsTIu~>Mq8_4o#lK_j9 Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life. <> Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. endobj The notification shall include the following particulars: specification of the charge or charges (with mention of the penal provisions under which it is brought); designation of the court which will hear the case; Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. x3R235W(r The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. 39 0 obj P+2=vU[KK+( Accessed October 27, 2022. https://israelipalestinian.procon.org/background-resources/fourth-geneva-convention-article-49/, Top 10 Pro & Con Perspectives on the Israeli-Palestinian Conflict. Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. The amount of allowances granted by the Power to which they o~e allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.) The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. <> The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. The Detaining Power shall provide for the support of those dependent on the internees, if such dependents are without adequate means of support or are unable to earn a living. They shall take into consideration the fact the accused is not a national of the Occupying Power. No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. The use of tobacco shall be permitted. 20 0 obj Detailed records shall be maintained of the receipt and despatch of all such valuables. Every order and command addressed to internees individually must, likewise, be given in a language which they understand. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for . Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. Both texts are equally authentic.
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