doctype: treaty

identifier: Geneva Convention (II) on Wounded, Sick and Shipwrecked of Armed Forces at Sea, 1949

languages: English French

reference: Geneva Convention (II) on Wounded, Sick and Shipwrecked of Armed Forces at Sea, 1949

title: Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949.

country: Barbados

action: declaration

reservation: Declaration made upon succession: "The Government of Barbados notes that the following countries have made reservations with respect to Article 85 of the Convention Relative to the Treatment of Prisoners of War, Albania, Byelorussia, Bulgaria, Czechoslovakia, Poland, Rumania, Ukraine, and Soviet Union; and Yugoslavia has made reservations with respect to Article 12 of the Convention Relative to the Treatment of Prisoners of War and to Article 45 of the Convention Relative to the Treatment of Civilian Persons in Time of War. The Government of Barbados states that whilst it regards all the abovementioned States as being parties to abovementioned Conventions it does not regard the abovementioned reservations thereto made by those States as valid and will therefore regard any application of any of those reservations as constituting a breach of the Convention to which the reservation relates. The Government of Barbados notes that the People's Republic of China has deposited a reservation in respect to Article 85 of the Convention relative to the treatment of Prisoners of War but considers that China is a party to the Convention and does not accept the validity of any reservations made the Government of the People 'Republic." SOURCE: Notification by the depositary addressed to the ICRC on 12.12.1968. UNTS, Vol.653, 1968, p.454.

country: Brunei Darussalam

country: Eswatini

country: Uzbekistan

country: Saint Lucia

country: United Arab Emirates

country: Grenada

country: Tuvalu

country: Zambia

country: Belize

country: Tajikistan

country: Colombia

action: signature

country: Slovakia

country: Vanuatu

country: Austria

reservation: Reservation and declaration made upon accession: Concerning Article 118 of the Convention relative to the treatment of prisoners of war: "The Republic of Korea interprets the provisions of Article 118, paragraph 1, as not binding upon a Power detaining prisoners of war to forcibly repatriate its prisoners against their openly and freely expressed will" Concerning Article 68 of the Convention relative to the protection of civilian persons in time of war: "The Republic of Korea reserves the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offences referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins" "Furthermore, the Government of the Republic of Korea do hereby declare that it is the only lawful Government in Korea, as set forth in General Assembly Resolution 195 (III) of 12 December 1948, and its accession shall not be construed as recognizing any Contracting Party thereto which the Republic of Korea has not hitherto recognized" SOURCE: UNTS, Vol.575, 1966, p.285-287

reservation: Declaration made upon accession: "This Accession (...) does not imply recognition of Israel or entering with it into relations governed by the Conventions thereto acceded." SOURCE: UNTS, Vol.608, p.353.

reservation: Statement transmitted upon ratification: "(...)I am instructed by the Government of the Commonwealth of Australia to refer to the reservations made to Article 85 of the Convention relative to the Treatment of Prisoners of War by the following: "The People's Republic of Albania "The Byelorussian Soviet Socialist Republic "The Bulgarian People's Republic "The Czechoslovak Republic "The Hungarian People's Republic "The Polish Republic "The Romanian People's Republic "The Ukrainian Soviet Socialist Republic "The Union of Soviet Socialist Republics. and to the reservations to Article 12 of the Geneva Convention relative to the Treatment of Prisoners of War and to Article 45 of the Convention relative to the Treatment of Civilian Persons in Time of War made by all the above-mentioned and by the Federal People's Republic of Yugoslavia. "I am instructed by the Government of the Commonwealth of Australia to state that whilst they regard all the above-mentioned as being parties to the above-mentioned Conventions they do not regard the above-mentioned reservations as valid and will therefore regard any application of any of those reservations as constituting a breach of the Convention to which the reservation relates. "I am further instructed by the Government of the Commonwealth of Australia to refer to notifications concerning the "German Democratic Republic", the "Democratic People's Republic of Korea", the "Democratic Republic of Viet-Nam" and the "People's Republic of China". While the Government of the Commonwealth of Australia does not recognise any the foregoing it has taken note of their acceptance of the provisions of the Conventions and their intention to apply them. The position of the Government of the Commonwealth of Australia towards the reservations referred to above applies equally in relation to the similar reservations attached to such acceptance." SOURCE: UNTS, Vol.314, 1958, pp.334-336.

reservation: Reservations made upon accession of the Democratic Republic of Vietnam on 28 June 1957: (I) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Article 10: A request by the Detaining Power to a neutral Power or to an organization providing guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request. (2) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea: Article 10: A request by the Detaining Power to a neutral Power or to an organization providing guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request. (3) As regards the Geneva Convention of 12 August 1949 relative to the Treatment of Prisoners of War: Article 4: 'The Provisional Revolutionary Government of the Republic of South Viet Nam does not recognize the provisions set forth in section 2 of said article relative to members of other militias and members of other volunteer corps, including those of organized resistance movements, because these provisions do not apply to the people's wars in the contemporary world' Article 10: A request by the Detaining Power to a neutral Power or to an organization providing guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request. Article 12: The Democratic Republic of Vietnam declares that the transfer by the Detaining Power of prisoners of war to a Power which is a party to the Convention does not release the Detaining Power from its responsibility for the application of the provisions of the Convention to such prisoners. Article 85: The Democratic Republic of Vietnam declares that prisoners of war tried and convicted of war crimes or crimes against humanity, in accordance with the principles laid down by the Nuremberg Judicial Tribunal, shall not benefit from the provisions of the present Convention as is specified in Article 85. (4) Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War. Article 11: A request by the Detaining Power to a neutral Power or to an organization providing guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request. Article 45: The Democratic Republic of Vietnam declares that the transfer by the Detaining Power of protected persons to a Power which is a party to the Convention does not release the Detaining Power from its responsibility for the application of the provisions of the Convention relating to civilian persons in time of war. SOURCE: Notification by the depositary addressed to the ICRC on 23 July 1957.

reservation: Reservations made upon accession on 3 December 1973 by the Provisional Revolutionary Government of the Republic of South Viet-Nam: I. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949: Ad article 10 The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country or a humanitarian organization, to assume the functions performed by protecting Powers only when the State on which the wounded and sick members of armed forces in the field depend shall have given prior consent to such a request. 2. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949: Ad article 10 The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the wounded, sick and shipwrecked members of armed forces at sea depend shall have given prior consent to such a request. 3. With regard to the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949: Ad Article 4 The Provisional Revolutionary Government of the Republic of South Viet-Nam does not recognize the 'conditions' lay down in item (2) of this article concerning "members of other militias and members of other volunteer corps, including those of organized resistance movements", because these conditions are not suited to cases of people's wars in the world of today. Ad article 10 The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the prisoners of war depend shall have given prior consent to such a request Ad Article 12 The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the transfer of prisoners of war by the Detaining Power to a Power which is a party to the Convention does not release the Detaining Power from its responsibility for the application of the provisions of the Convention. Ad Article 85 The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that prisoners of war prosecuted and convicted for crimes of aggression, crimes of genocide or war crimes, and crimes against humanity in accordance with the principles established by the Nuremberg Tribunal shall not benefit from the provisions of the present Convention. 4. With regard to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949: Ad article 11 The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the civilian persons in question depend shall have given prior consent to such a request Ad Article 45 The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the transfer of civilian persons protected by this Convention to a Power which is a party to the Convention does not release the Detaining Power from its responsibility for the application of the provisions of the Convention. SOURCE: UNTS, Vol.913, 1974, pp.175-176.

reservation: Reservation made upon signature and maintained upon ratification: Mr KAHANY, Delegate of Israel to the European Office of the United Nations and to the International Committee of the Red Cross, made the following declaration: "In accordance with instructions received from my Government, I shall sign the Geneva Convention relative to the Treatment of Prisoners of War without any reservation. But in the case of each of the other three Conventions, our signature will be given with reservations the purport of which is as follows: (1) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. "Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems of the Convention, Israel will use the Red Shield of David as the emblem and distinctive sign of the medical services of her armed forces." (2) Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. "Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems of the Convention, Israel will use the Red Shield of David on the flags, armlets and on all equipment (including hospital ships), employed in the medical service." (3) Geneva Convention relative to the Protection of Civilian Persons in Time of War. "Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems 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 August 12, 1949, Israel will use the Red Shield of David as the emblem and distinctive sign provided for in this Convention." SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 348.

reservation: Declaration received by the depositary on 22 January 1968 in respect of the declaration made by Kuwait on the accession to 1949 Geneva Conventions: "The Ministry of Foreign Affairs presents its compliments to the Swiss Embassy, and with regard to the Embassy's Note from the Ministry of Foreign Affairs of Kuwait dated 31 August 1967, has the honour to state that the Government of Israel has noted the political character of the declaration made by the Government of Kuwait on the occasion of its accession to the Geneva Conventions of 1949 for the Protection of War Victims. In the view of the Government of Israel that statement is inadmissible, and the Government of Israel formally objects to it while reserving its rights to act in relation to Kuwait, as regards the matters with which the Conventions deal, on the basis of strict reciprocity. The Government of Israel request that the text of this note be communicated to all States signatory to the Conventions and to all States ratifying or acceding thereto." SOURCE: Notification of the depositary to the ICRC of 6 February 1968.

reservation: Declaration relating to the declaration made upon accession by Democratic Yemen: "The Government of Israel takes note that by declarations dated 10 February 1977, and received by the Swiss Government on 25 May 1977, the Popular Democratic Republic of Yemen adhered to the four Geneva Conventions of 12 August 1949 relating to the protection of war victims. The said instruments were accompanied by a declaration of a political character in respect to Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the said Conventions. The said declaration cannot in any way affect whatever obligations are binding upon the Popular Democratic Republic of Yemen under general international law or under particular treaties." SOURCE: UNTS, Vol. 1080, 1978, p. 370.

reservation: On 4 September 1980 the Government of the Islamic Republic of Iran declared that henceforth it wishes to use the red crescent as the distinctive emblem and sign instead of the red lion and sun. (See also the French version of the Declaration) SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 576.

reservation: The Swiss Federal Council received in Bern on 12 September 2000 the following communication dated 23 July 2000 in Farsi: TRANSLATION ISLAMIC REPUBLIC OF MINISTRY OF FOREIGN AFFAIRS No.: 640/4329 Date: July 23, 2000 IN THE NAME OF GOD NOTE VERBAL The Ministry of Foreign Affairs of the Islamic Republic of Iran presents its compliments to the Embassy of Switzerland in Tehran and with reference to Note No. 904/73/4840/18, dated September 3, 1980 has the honor to state: The Government of the Islamic Republic of Iran announced via the aforementioned note that in a bid to prevent multiplicity of Distinctive International Emblems for aid and charity related affairs and in order to contribute to the unification of these Distinctive Emblems, it would not practice its right of using the “Red Lion and Sun” as one of the three official emblems of the International Union of the Red Cross and will rather use the “Red Crescent” emblem for this purpose. The measure was adopted with the understanding that all government would oblige themselves to accepting one of the two Red Cross or Red Crescent emblems and once an open violation of this is observed, the right will remain for the Government of the Islamic Republic of Iran to use its distinctive emblem at national and international levels again. In view of the prevailing developments in line with increasing the number of emblems, it is emphasized that in the case of approval and increase of new distinctive emblems, the Government of the Islamic Republic of Iran will according to Article 38 of the 1949 Geneva Convention on improving the situation of those wounded in the armed forces during military expedition in which, mention has been made of the three emblems of Red Cross, Red Crescent and Red Lion and Sun, maintain its right of using the Red Lion and Sun emblem once again. In view of the fact that the Government of that Embassy is the depository of the four August 12, 1949 Geneva Conventions on supporting war victims, it would be appreciated if the Ministry of Foreign Affairs of Switzerland is informed of the contents of this Note, reiterating the maintenance of the right of the Government of the Islamic Republic of Iran to use the “Red Lion and Sun” emblem once again so that consequently, the 1949 Geneva Conventions’ member states are officially informed. Availing itself of this opportunity to renew the assurances of its highest consideration. Wishing the victory of the oppressed over the oppressor.

reservation: Reservations made upon accession: 1) On Article 10 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949: "In the event of a Power detaining wounded and sick, or medical personnel, requesting a neutral State, or a humanitarian organization, to undertake the functions incumbent on a Protecting Power, the Government of the Democratic People's Republic of Korea will not consider it a legal request unless an approval is obtained from the Government of the State on which the protected persons concerned depend." 2) On Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949: "In the event of a Power detaining wounded, sick and shipwrecked, or medical personnel, requesting a neutral State, or a humanitarian organization, to undertake the functions incumbent on a Protecting Power, the Government of the Democratic People's Republic of Korea will not consider it a legal request unless an approval is obtained from the Government of the State on which the protected persons concerned depend." 3) On Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949 "In the event of a Power detaining prisoners of war requesting a neutral State, or a humanitarian organization, to undertake the functions incumbent on a Protecting Power, the Government of the Democratic People's Republic of Korea will not consider it a legal request unless an approval is obtained from the Government of the State on which the prisoners of war concerned depend." On Article 12 of the same Convention: "The Government of the Democratic People's Republic of Korea considers that, even during the period in which the Power detaining prisoners of war have transferred the prisoners of war to other Powers which are parties to the present Convention to be in their custody, responsibility as an original Detaining Power for the application of the present Convention towards the prisoners of war concerned will not be released." On Article 85 of the same Convention: "The Government of the Democratic People's Republic of Korea will not be bound by Article 85, in regard to the treatment of the prisoners of war convicted under the laws of the Detaining Power of prisoners of war for having committed war crimes or inhumane offences, based on the principles of Nuremberg and the Tokyo Far East International Military Tribunal." 4) On the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949: The Government of the Democratic People's Republic of Korea considers that the present Convention cannot fully meet humanitarian requirements, inasmuch as it does not apply to the civilian persons outside the territory occupied by the enemy. But, considering that the present Convention has a positive aspect of protecting the interests of civilian persons in the territory of occupation and in a series of other cases, the Government of the Democratic People's Republic of Korea accedes to it with reservations on the following articles: On Article 11 of the same Convention: "In the event of a Power detaining protected persons requesting a neutral State, or a humanitarian organization, to undertake the functions incumbent on a Protecting Power, the Government of the Democratic People's Republic of Korea will not consider it a legal request unless an approval is obtained from the Government of the State on which the protected persons concerned depend." On Article 45 of the same Convention: "The Government of the Democratic People's Republic of Korea considers that, even during the period in which the Power detaining protected persons have transferred the protected persons to other Powers which are parties to the present Convention to be in their custody, responsibility as an original Detaining Power for the application of the present Convention towards the protected persons concerned will not be released." SOURCE: UNTS, Vol.278, 1957, pp.263-264

reservation: Reservations made upon signature and maintained upon ratification: General SLAVIN, Head of the Delegation of the Union of Soviet Socialist Republics: (I) On signing the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, the Government of the Union of Soviet Socialist Republics makes the following reservation: Article 10: "The Union of Soviet Socialist Republics will not recognize the validity of requests by the Detaining Power to a neutral State or to a humanitarian organization, to undertake the functions performed by a Protecting Power, unless the consent of the Government of the country of which the protected persons are nationals has been obtained." (2) On signing the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, the Government of the Union of Soviet Socialist Republics makes the following reservation: Article 10:" The Union of Soviet Socialist Republics will not recognize the validity of requests by the Detaining Power to a neutral State or to a humanitarian organization, to undertake the functions performed by a Protecting Power, unless the consent of the Government of the country of which the protected persons are nationals has been obtained." (3) On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Union of Soviet Socialist Republics makes the following reservations: Article 10:" The Union of Soviet Socialist Republics will not recognize the validity of requests by the Detaining Power to a neutral State or to a humanitarian organization, to undertake the functions performed by a Protecting Power, unless the consent of the Government of the country of which the prisoners of war are nationals has been obtained." Article 12: "The Union of Soviet Socialist Republics does not consider as valid the freeing of a Detaining Power, which has transferred prisoners of war to another Power, from responsibility for the application of the Convention to such prisoners of war while the latter are in the custody of the Power accepting them." Article 85: "The Union of Soviet Socialist Republics does not consider itself bound by the obligation, which follows from Article 85, to extend the application of the Convention to prisoners of war who have been convicted under the law of the Detaining Power, in accordance with the principles of the Nuremberg trial, for war crimes and crimes against humanity, it being understood that persons convicted of such crimes must be subject to the conditions obtaining in the country in question for those who undergo their punishment." (4) On signing the Convention relative to the Protection of Civilian Persons in Time of War, the Government of the Union of Soviet Socialist Republics feels called upon to make the following declaration: "Although the present Convention does not cover the civilian population in territory not occupied by the enemy and does not, therefore, completely meet humanitarian requirements, the Soviet Delegation, recognizing that the said Convention makes satisfactory provision for the protection of the civilian population in occupied territory and in certain other cases, declares that it is authorized by the Government of the Union of Soviet Socialist Republics to sign the present Convention with the following reservations: Article 11:" The Union of Soviet Socialist Republics will not recognize the validity of requests by the Detaining Power to a neutral State or to a humanitarian organization, to undertake the functions performed by a Protecting Power, unless the consent of the Government of the country of which the protected persons are nationals has been obtained." Article 45: "The Union of Soviet Socialist Republics will not consider as valid the freeing of a Detaining Power, which has transferred protected persons to another Power, from responsibility for the application of the Convention to the persons transferred, while the latter are in the custody of the Power accepting them." SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol.I, Federal Political Department, Berne, pp.355-356.

reservation: Reservation made upon ratification: (1) Reservation concerning Article 44 to the Convention: Every protected person who is a national de jure of an enemy State, against whom action is taken or sought to be taken under Article 41 by assignment of residence or internment, or in accordance with any law, on the ground of his being an enemy alien, shall be entitled to submit proofs to the Detaining Power, or as the case may be, to any appropriate Court or administrative board which may review his case, that he does not enjoy the protection of any enemy State, and full weight shall be given to this circumstance, if it is established whether with or without further enquiry by the Detaining Power, in deciding appropriate action, by way of an initial order or, as the case may be, by amendment thereof. (2) Reservation concerning Article 68, paragraph 2, of the Convention The Government of Pakistan associate themselves with the reservation made by the United Kingdom of Great Britain and Northern Ireland and reserves the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offences referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins. SOURCE: Notification addressed by the depositary to the ICRC on 20 June 1951.

reservation: The Permanent Mission of Bangladesh to the United Nations in Geneva has brought to the knowledge of the Swiss Government, by note dated 20 December 1988, the decision of the Government of the People's Republic of Bangladesh to use henceforth the red crescent instead of the red cross as the emblem and distinctive sign. (Communication from the Federal Department of Foreign Affairs of 9 January 1989)

reservation: Reservation made upon signature and partially maintained upon ratification: (a) Article 3, common to the four Conventions: "As there is no actual definition of what it meant by a conflict not of an international character, and as, in case this term is intended to refer solely to civil war, it is not clearly laid down at what moment an armed rebellion within a country should be considered as having become a civil war, Portugal reserves the right not to apply the provisions of Article 3, in so far as they may be contrary to the provisions of Portuguese law, in all territories subject to her sovereignty in any part of the world." (b) Article 10 of Conventions I, II and III and Article 11 of Convention IV: "The Portuguese Government only accepts the above Articles with the reservation that requests by the Detaining Power to a neutral State or to a humanitarian organization to undertake the functions normally performed by protecting Powers are made with the consent or agreement of the government of the country of which the persons to be protected are nationals (Countries of origin)." (c) Article 13 of Convention I and Article 4 of Convention III: "The Portuguese Government makes a reservation regarding the application of the above Articles in all cases in which the legitimate Government has already asked for and agreed to an armistice or the suspension of military operations of no matter what character, even if the armed forces in the field have not yet capitulated." (d) Article 60 of Convention III: "The Portuguese Government accepts this Article with the reservation that it in no case binds itself to grant prisoners a monthly rate of pay in excess of 50% of the pay due to Portuguese soldiers of equivalent appointment or rank, on active service in the combat zone." SOURCE: UNTS, Vol.394, 1961, p.258. ***** Declaration made upon ratification "At the time of deposit with the Swiss Federal Council of the instrument of ratification of the Geneva Conventions for the protection of War victims of August 12, 1949, the undersigned, Ruy Teixeira Guerra, Ambassador of Portugal to Switzerland, declares that his Government has decided to withdraw the reservations made at the time of signature of these Conventions in respect of article 3, common to the four Conventions, article 13 of Convention I and Article 4 of Convention III, and article 60 of Convention III. On the other hand, the Portuguese Government only accepts article 10 of Conventions I, II and III and article 11 of Convention IV with the reservation that requests by the Detaining Power to a neutral State or to a humanitarian organization to undertake the functions normally performed by Protecting Powers are made with the consent or agreement of the Government of the country of which the persons to be protected are nationals (Countries of origin)." SOURCE: UNTS, Vol.394, 1961, p.258. Regarding Macao declaration see French database, [ Link ]

reservation: Declaration made upon ratification: "On depositing the instrument of ratification by the United Kingdom of Great Britain and Northern Ireland of the four following Conventions: "(1) The Convention of August 12, 1949, for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field "(2) The Convention of August 12, 1949, for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea "(3) The Convention of August 12, 1949, relative to the Treatment of Prisoners of War "(4) The Convention of August 12, 1949, relative to the Protection of Civilian Persons in Time of War "I am instructed by Her Majesty's Government in the United Kingdom to make the following declaration: "The United Kingdom of Great Britain and Northern Ireland will apply each of the above-mentioned Conventions in the British Protected States of Bahrain, Kuwait, Qatar and the Trucial States to the extent of Her Majesty's powers in relation to those territories." (...) [Reservation to Article 68 of the Convention relative to the Protection of Civilian Persons in Time of War, withdrawn on 15 December 1971] "I am further instructed by Her Majesty's Government in the United Kingdom to refer to the reservations made on Article 85 of the Convention relative to the Treatment of Prisoners of War by the following States: The People's Republic of Albania, the Byelorussian Soviet Socialist Republic, the Bulgarian People's Republic, the People's Republic of China, the Czechoslovak Republic, the Polish Republic, the Rumanian People's Republic, the Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics and to the reservations to Article 12 of the Convention relative to the Treatment of Prisoners of War and to Article 45 of the Convention relative to the Treatment of Civilian Persons in Time of War made by all the above-mentioned States and by the Federal People's Republic of Yugoslavia. "I am instructed by Her Majesty's Government to state that whilst they regard all the above-mentioned States as being parties to the above-mentioned Conventions, they do not regard the above-mentioned reservations thereto made by those States as valid, and will therefore regard any application of any of those reservations as constituting a breach of the Convention to which the reservation relates." SOURCE: UNTS, Vol. 278, 1957, p. 266-268. ***** Withdrawal of a reservation [to GC IV] made in respect of article 68, paragraph 2: By a note dated 14 December 1971, received on 15th of the same month, Her Britannic Majesty's Embassy in Berne notified the Federal Political Department of the withdrawal of the reservation made by the United Kingdom of Great Britain and Northern Ireland at the time of signature on 12 August 1949 of the Convention relative to the Protection of Civilian Persons in Time of War which was confirmed on its ratification. The reservation withdrawn was as follows: The United Kingdom of Great Britain and Northern Ireland reserve the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offences referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins. SOURCE: Notification of the depositary to the ICRC of 20 January 1972. See also: UNTS, vol. 811, 1972, p. 376.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Title of the Convention:

text: [ Link ] 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 Xth Hague Convention of October 18, 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows:

text: Preamble

text: Chapter I: General provisions

text: The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

text: Article 1 - Respect for the Convention

text: 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.

text: 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.

text: 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.

text: Article 2 - Application of the Convention

text: 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:

text: (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.

text: To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

text: (2) The wounded and sick and shipwrecked shall be collected and cared for.

text: An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

text: 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.

text: The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

text: Article 3 - Conflicts not of an international character

text: In case of hostilities between land and naval forces of Parties to the conflict, the provisions of the present Convention shall apply only to forces on board ship.

text: Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

text: Article 4 - Field of application

text: Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.

text: Article 5 - Application by neutral powers

text: In addition to the agreements expressly provided for in Articles 10 , 18 , 31 , 38 , 39 , 40 , 43 and 53 , the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.

text: Wounded, sick, and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

text: Article 6 - Special agreements

text: Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article , if such there be.

text: Article 7 - Non-renunciation of rights

text: 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.

text: The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

text: 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.

text: Article 8 - Protecting powers

text: The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief.

text: Article 9 - Activities of the ICRC and other impartial humanitarian organizations

text: 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.

text: When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 10 - Substitutes for Protecting Powers

text: 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.

text: For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.

text: Article 11 - Conciliation procedure

text: Chapter II: Wounded, sick and shipwrecked

text: Members of the armed forces and other persons mentioned in the following Article , who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term "shipwreck" means shipwreck from any cause and includes forced landings at sea by or from aircraft.

text: Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attemps 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.

text: Only urgent medical reasons will authorize priority in the order of treatment to be administered.

text: Women shall be treated with all consideration due to their sex.

text: Article 12 - Protection and care of the wounded, sick and shipwrecked

text: The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories:

text: (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.

text: (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:

text: (a) that of being commanded by a person responsible for his subordinates;

text: (b) that of having a fixed distinctive sign recognizable at a distance;

text: (c) that of carrying arms openly;

text: (d) that of conducting their operations in accordance with the laws and customs of war.

text: (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.

text: (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

text: (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 not benefit by more favourable treatment under any other provisions of international law

text: (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.

text: Article 13 - Protected persons

text: All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment.

text: Article 14 - Handing over of wounded, sick and shipwrecked to a belligerent

text: If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war.

text: Article 15 - Wounded, sick and shipwrecked taken on board a neutral warship or neutral military aircraft

text: Subject to the provisions of Article 12 , the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it is expedient to hold them, or to convey them to a port in the captor's own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war.

text: Article 16 - Status of the wounded, sick and shipwrecked who have fallen into enemy hands

text: Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war.

text: The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend.

text: Article 17 - Wounded, sick and shipwrecked landed in a neutral port

text: After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.

text: Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.

text: Article 18 - Search for casualties after an engagement

text: The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include:

text: (a) designation of the Power on which he depends;

text: (b) army, regimental, personal or serial number;

text: (c) surname;

text: (d) first name or names;

text: (e) date of birth;

text: (f) any other particulars shown on his identity card or disc;

text: (g) date and place of capture or death;

text: (h) particulars concerning wounds or illness, or cause of death.

text: As soon as possible the above-mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.

text: Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.

text: Article 19 - Recording and forwarding of information

text: Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body.

text: If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable.

text: Article 20 - Prescriptions regarding the dead

text: The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead.

text: Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance.

text: They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed.

text: Article 21 - Appeals to neutral vessels

text: Chapter III: Hospital ships

text: Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed.

text: The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.

text: Article 22 - Notification and protection of military hospital ships

text: Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be protected from bombardment or attack from the sea.

text: Article 23 - Protection of medical establishments ashore

text: Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with.

text: These ships must be provided with certificates from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure.

text: Article 24 - Hospital ships utilized by relief societies and private individuals of Parties to the conflict

text: Hospital ships utilized by National Red Cross Societies, officially recognised relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with.

text: Article 25 - Hospital ships utilized by relief societies and private persons of neutral countries

text: The protection mentioned in Articles 22 , 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.

text: Article 26 - Tonnage of hospital ships

text: Under the same conditions as those provided for in Articles 22 and 24 , small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit.

text: The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions.

text: Article 27 - Protection of coastal rescue craft and fixed coastal installations

text: Should fighting occur on board a warship, the sick-bays shall be respected and spared as far possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent military necessity.

text: Article 28 - Protection of sick-bays

text: Any hospital ship in a port which falls into the hands of the enemy shall be authorised to leave the said port.

text: Article 29 - Hospitals ships in a port fallen into enemy hands

text: The vessels described in Articles 22 , 24 , 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality.

text: The High Contracting Parties undertake not to use these vessels for any military purpose.

text: Such vessels shall in no wise hamper the movements of the combatants.

text: During and after an engagement, they will act at their own risk.

text: Article 30 - Employment of hospital ships and coastal rescue craft

text: The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22 , 24 , 25 and 27 . They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, if the gravity of the circumstances so requires.

text: They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the provisions of the preceding paragraph are carried out.

text: As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he can understand, the orders they have given the captain of the vessel.

text: Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention.

text: Article 31 - Right of control and search of hospital ships and coastal rescue craft

text: Vessels described in Articles 22 , 24 , 25 and 27 are not classed as warships as regards their stay in a neutral port.

text: Article 32 - Stay of hospital ships and coastal rescue craft in a neutral port

text: Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities.

text: Article 33 - Converted merchant vessels

text: The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded.

text: In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication.

text: Article 34 - Discontinuance of protection of hospital ships

text: The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them:

text: (1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded.

text: (2) The presence on board of apparatus exclusively intended to facilitate navigation or communication.

text: (3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service.

text: (4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians.

text: (5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements.

text: Article 35 - Conditions not depriving hospital ships of protection

text: Chapter IV: Personnel

text: The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board.

text: Article 36 - Protection of the personnel of hospital ships

text: The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They may take with them, on leaving the ship, their personal property.

text: If, however, it proves necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing.

text: Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

text: Article 37 - Protection of medical and religious personnel of other ships

text: Chapter V: Medical transports

text: Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right to board the carrier ships, but not to capture them or seize the equipment carried.

text: By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. For this purpose, free access to the equipment shall be given.

text: Article 38 - Ships used for the conveyance of medical equipment

text: Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routes specifically agreed upon between the Parties to the conflict concerned.

text: They shall be clearly marked with the distinctive emblem prescribed in Article 41 , together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities.

text: Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

text: Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to alight, the aircraft with its occupants may continue its flight after examination, if any.

text: In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Articles 36 and 37 .

text: Article 39 - Medical aircraft

text: Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.

text: 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.

text: Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.

text: Article 40 - Flight over neutral countries. Landing of the wounded, sick and shipwrecked

text: Chapter VI: The distinctive emblem

text: Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.

text: Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the present Convention.

text: Article 41 - Use of the emblem

text: The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.

text: Such personnel, in addition to wearing the identity disc mentioned in Article 19 , shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.

text: 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.

text: 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.

text: Article 42 - Identification of medical and religious personnel

text: The ships designated in Articles 22 , 24 , 25 and 27 shall be distinctively marked as follows:

text: (a) All exterior surfaces shall be white.

text: (b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air.

text: All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible.

text: Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships.

text: The above-mentioned ships and craft, which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled, must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent.

text: Hospital ships which, in accordance with Article 31 , are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted.

text: Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to fly their own national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned.

text: All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41 .

text: Parties to the conflict shall at all times endeavour to conclude mutual agreements, in order to use the most modern methods available to facilitate the identification of hospital ships.

text: Article 43 - Marking of hospital ships and coastal rescue craft

text: The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned.

text: Article 44 - Limitation in the use of the distinctive signs

text: The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43 .

text: Article 45 - Prevention of misuse of the distinctive signs

text: Chapter VII: Execution of the Convention

text: Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles [ Link ] and provide for unforeseen cases, in conformity with the general principles of the present Convention.

text: Article 46 - Detailed execution. Unforeseen cases

text: Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited.

text: Article 47 - Prohibition of reprisals

text: 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.

text: Article 48 - Dissemination of the Convention

text: 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.

text: Article 49 - Translations. Implementing laws and regulations

text: Chapter VIII: Repression of abuses and infractions

text: 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 .

text: Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

text: 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 .

text: In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.

text: Article 50 - Penal sanctions

text: 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.

text: Article 51 - Grave Breaches

text: 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 .

text: Article 52 - Responsibilities of the Contracting Parties

text: 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.

text: 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.

text: 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.

text: Article 53 - Enquiry procedure

text: Final provisions

text: The present Convention is established in English and in French. Both texts are equally authentic.

text: The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.

text: Article 54 - Languages

text: The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.

text: Article 55 - Signature

text: The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.

text: 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.

text: Article 56 - Ratification

text: The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

text: Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

text: Article 57 - Coming into force

text: The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties.

text: Article 58 - Relation to the 1907 Hague Convention (X)

text: 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.

text: Article 59 - Accession

text: 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.

text: 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.

text: Article 60 - Notification of accessions

text: 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.

text: Article 61 - Immediate effect

text: Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

text: 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.

text: The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated.

text: 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.

text: Article 62 - Denunciation

text: 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.

text: IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.

text: 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.

text: Article 63 - Registration with the United Nations

text: Testimonium

text: Annex - Identity card for members of medical and religious personnel attached to the armed forces at sea

summary: With this Convention, the protection of wounded, sick and shipwrecked members of armed forces at sea was regulated for the first time in a Geneva Convention. Prior to this, the rules on the protection of the wounded, sick and shipwrecked during naval warfare were codified in the 1899 and 1907 Hague Conventions, which adapted the principles of the Geneva Conventions on the wounded and sick to naval warfare. This Convention contains 63 articles. In addition to the protection of wounded, sick and shipwrecked members of armed forces at sea, these articles provide specific protection for hospital ships, coastal rescue craft, medical aircraft and other medical transports at sea, as well as religious, medical and hospital personnel performing their duties in a naval context. The Convention also recognizes the distinctive emblems. It has one annex, consisting of a model identity card for medical and religious personnel attached to the armed forces at sea. The updated Commentary on this Convention was published online on 4 May 2017 and takes into account developments up to this date. This Commentary can be referred to (in full) as ICRC, Commentary on the Second Geneva Convention: Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 2nd edition, 2017, or (in brief) as ICRC, Commentary on the Second Geneva Convention, 2017. This web page can be referred to as: https://ihl-databases.icrc.org/ihl/full/GCII-commentary . A print and ebook versions of this commentary are available from Cambridge University Press: https://www.cambridge.org/ch/academic/subjects/law/humanitarian-law/series/commentaries-1949-geneva-conventions .