identifier: Geneva Convention (I) on Wounded and Sick in Armed Forces in the Field,1949

depositary: Switzerland

publisher: International Committee of the Red Cross

reference: Geneva Convention (I) on Wounded and Sick in Armed Forces in the Field,1949

title: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949.

action: accession

country: Barbados

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.

action: succession

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

country: Vanuatu

country: Mongolia

country: Jordan

country: Burundi

country: Senegal

country: Dominica

country: Iraq

country: Seychelles

country: Republic of Korea

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

country: Kuwait

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.

country: Mali

country: Australia

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.

country: Kiribati

country: Switzerland

country: Costa Rica

country: Cambodia

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 ]

country: United Kingdom of Great Britain and Northern Ireland

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.

reservation: Objection by the United Kingdom in relation with the reservations made by the Provisional Revolutionary Government of the Republic of South Vietnam: "In relation with the reservations made by the Provisional Revolutionary Government of the Republic of South Vietnam to Articles 12 and 85 of the Convention relative to the Treatment of Prisoners of War and Article 45 of the Convention relative to the Protection of Civilian Persons in Time of War and in relation with the reservation to Article 45 of the Convention relative to the Protection of Civilian Persons in Time of War made by the Republic of Guinea-Bissau, the Government of the United Kingdom of Great Britain and Northern Ireland, recalling their declaration on ratification in relation to similar reservations by other States, wish to state that, whilst they do not oppose the entry into force of the two Conventions in question between the United Kingdom and the Republic of South Vietnam and the Republic of Guinea-Bissau, they are unable to accept the above-mentioned reservations thereto made by those States because, in the view of the Government of the United Kingdom, these reservations are not of the kind which intending Parties to the Convention are entitled to make. "The Government of the United Kingdom wish also to place on record that they take the same view of the similar reservations made by the Swiss Minister in London on 8 January 1957, and by the Democratic Republic of Vietnam, notified by the Swiss Ambassador in London on 24 August 1957. "In relation to the reservation made by the Provisional Revolutionary Government of the Republic of South Vietnam and the Republic of Guinea-Bissau to Article 4 of the Convention relative to the Treatment of Prisoners of War and by the Republic of Guinea-Bissau to Article 13 of the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field and Article 13 of the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, the Government of the United Kingdom wish to state that they are likewise unable to accept those reservations." SOURCE: Notification addressed to the Swiss Government on 19 November 1975. See also: UNTS, Vol. 995, 1976.

reservation: Objection made on 28 March 1985: "With reference to the reservation made by the Government of the People's Republic of Angola to Article 85 to the Convention relative to the Treatment of Prisoners of War, Her Majesty's Government, recalling their previous declaration in relations to similar reservations by other States, wish to state that, whilst they do not oppose the entry into force of the Convention in question between the United Kingdom and the People's Republic of Angola, they are unable to accept the reservation because, in the view of the Government of the United Kingdom, this reservation is not of the kind which intending parties to the Convention are entitled to make." SOURCE: Notification by the depositary addressed to the ICRC on 18 June 1985.

reservation: With letters dated 13 June 1997, the British Ambassador to Switzerland deposited the following declaration: "I am instructed by Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the [four Geneva Conventions] (hereinafter referred to as the "Convention") which apply to Hong Kong at present. I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from application of the Convention to Hong Kong." Source: Notification by the Swiss Government to the Governments of the States parties to the Geneva Conventions of 12 August 1949 for the protection of War Victims, Berne, 24 June 1997.

reservation: Reservations made upon ratification: "1. Regarding Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed Forces in the Field of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded and sick, or medical personnel and chaplains to a neutral State or to a humanitarian organization, to undertake the functions which should be performed by a Protecting Power, unless the consent has been obtained of the government of the State of which the protected persons are nationals." "2. Regarding 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, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded, sick and shipwrecked, or medical personnel and chaplains to a neutral State or to a humanitarian organization, to undertake the functions which should be performed by a Protecting Power, unless the consent has been obtained of the government of the State of which the protected persons are nationals." "3. Regarding Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of prisoners of war to a neutral State or to a humanitarian organization, to undertake the functions which should be performed by a Protecting Power, unless the consent has been obtained of the government of the State of which the prisoners of war are nationals. Regarding Article 12, the People's Republic of China holds that the original Detaining Power which has transferred prisoners of war to another Contracting Power, is not for that reason freed from its responsibility for the application of the Convention while such prisoners of war are in the custody of the Power accepting them. Regarding Article 85, the People's Republic of China is not bound by Article 85 in respect of the treatment of prisoners of war convicted under the laws of the Detaining Power in accordance with the principles laid down in the trials of war crimes or crimes against humanity by the Nuremberg and the Tokyo International Military Tribunals." "4.Although the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, does not apply to civilian persons outside enemy-occupied areas and consequently does not completely meet humanitarian requirements, it is found to be in accord with the interest of protecting civilian persons in occupied territory and in certain other cases, hence it is ratified with the following reservations: Regarding Article 11, the People's Republic of China will not recognize as valid a request by the Detaining Power of protected persons to a neutral State or to a humanitarian organization, to undertake the functions which should be performed by a Protecting Power, unless the consent has been obtained of the government of the State of which the protected persons are nationals. Regarding Article 45, the People's Republic of China holds that the original Detaining Power which has transferred protected persons to another Contracting Power, is not for that reason freed from its responsibility for the application of the Convention while such protected persons are in the custody of the Power adopting them." SOURCE: UNTS, Vol.260, 1957, pp.438-444. On 31 Mai 2000, the People's Republic of China deposited with the Swiss Federal Council a declaration on the applicability of the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to the Special Administrative Region of Macao. Pursuant to this declaration, the Conventions and Protocols are applicable to the Special Administrative Region of Macao from 20 December 1999.

reservation: Reservation made upon succession identical with the reservation made by Netherlands to the Convention relative to the Protection of Civilian Persons in Time of War: Surinam 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 by the depositary addressed to the ICRC on 25 October 1979.

reservation: Reservations made upon accession: I. Concerning the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 Article 10 "The Council of State of the Republic of Guinea-Bissau does not recognize as legal the request addressed by the Detaining Power to a neutral country, or a humanitarian organization to undertake the functions performed by a Protecting Power, unless the State on which the wounded and sick of the armed forces in the field depend has already agreed to that request." Article 13 "The Council of State of the Republic of Guinea-Bissau does not recognize the 'conditions' provided for in subparagraph (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 the people's wars waged today." II. Concerning the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 Article 10 "The Council of State of the Republic of Guinea-Bissau does not recognize as legal the request addressed by the Detaining Power to a neutral country or a humanitarian organization to undertake the functions performed by a Protecting Power, unless the State on which the wounded, sick and shipwrecked persons depend has already agreed to that request." Article 13 "The Council of State of the Republic of Guinea-Bissau does not recognize the conditions provided for in subparagraph (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 the people's wars waged today." III. Concerning the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949 Article 4 "The Council of State of the Republic of Guinea-Bissau does not recognize "the conditions" provided for in paragraph A (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 the people's wars waged today." Article 10 "The Council of State of the Republic of Guinea-Bissau does not recognize as legal the request addressed by the Detaining Power to a neutral country or a humanitarian organization to undertake the functions performed by a Protecting Power, unless the State on which the prisoners depend has already agreed to that request." IV. Concerning the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 Article 11 "The Council of State of the Republic of Guinea-Bissau does not recognize as legal the request addressed by the Detaining Power to a neutral country or a humanitarian organization to undertake the functions performed by a Protecting Power, unless the State on which the aforementioned civilian persons depend has already agreed to that request." Article 45 "The Council of State of the Republic of Guinea-Bissau declares that the transfer of civilian persons protected by this Convention to a Power which is a party to the Convention does not exempt the Detaining Power from carrying out the provisions of the Convention." SOURCE: UNTS, Vol.920, 1974, p.280-282.

reservation: Reservation made upon ratification (Convention III and IV): "(...) With express reservations in respect of Articles 87, 100 and 101 of Geneva Convention III, and of Article 68 of Geneva Convention IV, in so far as they involve the imposition and execution of the death penalty" SOURCE: Notification by the depositary addressed to the ICRC on 10 March 1969.

reservation: The former Yugoslav Republic of Macedonia deposited on 18 October 1996 to succeed to the reservations and declarations made by the Former Republic of Yugoslavia. Reservations made upon signature and maintained upon ratification: Mr Milan RISTIC, Yugoslav Minister in Switzerland, made the following declaration: (I) "On signing the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with a reservation in respect of Article 10. "The Government of the Federal People's Republic of Yugoslavia will not consider as legal a request by the Detaining Power that a neutral State or an international organization or a humanitarian organization should undertake the functions performed under the present Convention by the Protecting Powers, on behalf of the wounded and sick, or medical personnel and chaplains, unless the Government whose nationals they are has given its consent." (2) On signing the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with a reservation in respect of Article 10. "The Government of the Federal People's Republic of Yugoslavia will not consider as legal a request by the Detaining Power that a neutral State or an international organization or a humanitarian organization should undertake the functions performed under the present Convention by the Protecting Powers, on behalf of the wounded, sick and shipwrecked, or medical personnel and chaplains, unless the Government whose nationals they are has given its consent." (3) On signing the Geneva Convention relative to the Treatment of Prisoners of War, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with reservations in respect of Article 10 and 12. "In regard to Article 10, The Government of the Federal People's Republic of Yugoslavia will not consider as legal a request by the Detaining Power that a neutral State or an international organization or a humanitarian organization should undertake the functions performed under the present Convention by the Protecting Powers, on behalf of prisoners of war, unless the Government whose nationals they are has given its consent." "In regard to Article 12 the Government of the Federal People's Republic of Yugoslavia will not consider that the Power which has effected the transfer of prisoners of war is freed from its responsibility for the application of the Convention, even for time which such prisoners are in the custody of the Power accepting them." (4) On signing the Geneva Convention relative to the Protection of Civilian Persons in Time of War, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with reservations in respect of Article 11 and 45. "In regard to Article 11, The Government of the Federal People's Republic of Yugoslavia will not consider as legal a request by the Detaining Power that a neutral State or an international organization or a humanitarian organization should undertake the functions performed under the present Convention by the Protecting Powers, on behalf of protected persons, unless the Government whose nationals they are has given its consent." "In regard to Article 45, The Government of the Federal People's Republic of Yugoslavia will not consider it legal for a Power, which effects a transfer of protected persons to another Power to be freed from its responsibility for applying the Convention, for the whole of the time during which such protected persons 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, p.356-357.

reservation: At accession on 3 December 1954, the Federal Republic of Germany stated that the Conventions are also applicable to Land Berlin. SOURCE: UNTS, Vol. 202, 1954-1955, p. 330-333.

reservation: Objection to the reservation made upon accession by Guinea-Bissau to the Geneva Conventions I, II and III. Notification effected with the Government of Switzerland on 3 March 1975: "The reservation formulated in this connexion by the Republic of Guinea-Bissau concerning Article 13 (2) of the first Geneva convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Article 13 (2) of the second Geneva convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea Article 4 (2) of the third Geneva convention relative to the Treatment of Prisoners of War exceed, in the opinion of the Government of the Federal Republic of Germany, the purpose and intent of these Conventions and are therefore unacceptable to it. This declaration shall not otherwise affect the validity of the said Geneva Conventions under international law as between the Federal Republic of Germany and the Republic of Guinea-Bissau." SOURCE: UNTS, Vol. 970, 1975, p. 367.

reservation: Reservation made upon accession: "In acceding to the Geneva Conventions of 12 August 1949, the People's Republic of Angola reserves the right not to extend the benefits deriving from Article 85 of the Convention concerning the treatment of prisoners of war to persons who have committed war crimes and crimes against humanity as defined in Article VI of the "Nuremberg Principles" as formulated in 1950 by the International Law Commission on the instructions of the United Nations General Assembly" SOURCE: International Review of the Red Cross, September-October 1984, No 242, p.287.

reservation: Reservation made upon signature and maintained upon ratification: Mr. VINCENT, Minister of the United States of America in Switzerland, on signing the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, made the following declaration: "The Government of the United States fully supports the objectives of this Convention. "I am instructed by my Government to sign, making the following reservation to Article 68: "The United States 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: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 346. ***** Declaration made upon ratification: "The United States in ratifying the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field does so with the reservation that irrespective of any provision or provisions in said convention to the contrary, nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5, 1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground." "Rejecting the reservations which States have made with respect to the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations." "Rejecting the reservations which States have made with respect to the Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations." "Rejecting the reservations which States have made with respect to the Geneva Convention relative to the treatment of prisoners of war, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations." "The United States reserves the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins" (Reservation formulated by the Representative of the United States of America at the time of signature.) "Rejecting the reservations - other than to Article 68, paragraph 2 - which States have made with respect to the Geneva Convention relative to the protection of civilian persons in time of war, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations." SOURCE: UNTS, Vol. 213, 1955, p. 379-384. ***** By a note of 22 September 1955, the Permanent observer of Switzerland transmitted to the Secretariat of the United Nations a copy of the note addressed by the Embassy of the United States of America in Bern to the Political Department of the Swiss Confederation, the text of which reads as follows: "(...)The Embassy has the honor to inform the Department that the statement regarding the reservations of other states which is embodied in each of the four ratifications is not considered by the United States Government to be a reservation to the convention. The Embassy is instructed to point out that only two reservations were made by the United States: the first relates to the use of the Red Cross emblem in so far as the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field is concerned, and the second, made at the time of signature, relates to the right to impose the death penalty, in so far as the Convention Relative to the Protection of Civilian Persons in Time of War is concerned. (...)". SOURCE: UNTS, Vol. 213, 1955, p. 379.

reservation: Objection to the reservations made upon accession by Guinea-Bissau: "The Department of State refers to the note of March 5, 1974 from the Embassy of Switzerland enclosing the notification of the Swiss Federal Political Department concerning the accession of the Republic of Guinea-Bissau to the Geneva Conventions of August 12, 1949 for the protection of war victims, subject to certain reservations. The reservations are similar to the reservations expressed by others previously with respect to the same or different conventions and concerning which the government of the United States has previously declared its views. The attitude of the Government of the United States with respect to all the reservations by the Republic of Guinea-Bissau parallels its attitude toward such other reservations. The Government of the United States, while rejecting the reservations, accepts treaty relations with the Republic of Guinea-Bissau." SOURCE: UNTS, Vol. 970, 1975, p. 367-368.

reservation: Declaration relating to the accession of the Provisional Revolutionary Government of the Republic of South Viet-Nam: "(...) The Government of the United States of America recognizes the Government of the Republic of Viet-Nam and does not recognize the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' as a government. The United States Government therefore does not recognize that the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' is qualified to accede to the Geneva Conventions. Bearing in mind, however, that it is the purpose of the Geneva Conventions that their provisions should protect war victims in armed conflicts, the Government of the United States of America notes that the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' has indicated its intention to apply them subject to certain reservations. The reservations expressed with respect to the Third Geneva Convention go far beyond previous reservations, and are directed against the object and purpose of the Convention. Other reservations are similar to reservations expressed by others previously and concerning which the Government of the United States has previously declared its views. The Government of the United States rejects all the expressed reservations. "The Government of the United States notes that the views expressed in this note should not be understood as implying any withdrawal from the policy heretofore pursued by its armed forces in according the treatment provided by the Conventions to hostile armed forces" SOURCE: UNTS, Vol. 972, 1975, p. 403.

reservation: Declaration made upon accession: "The Government of the People's Democratic Republic of Yemen declares that the accession of the People's Democratic Republic of Yemen to this Conventions by no means implies recognition of Israel" SOURCE: UNTS, Vol.1049, 1977, p.321.

reservation: Reservation made upon signature and maintained upon ratification: Mr. Malo, First Secretary to the Albanian Legation in Paris: (I) Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Article 10: "The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or to a neutral State to take the place of a Protecting Power, as being in order, unless the Power of which the protected persons are nationals has given its consent." (2) Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Article 10:" The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or a to neutral State to take the place of a Protecting Power, as being in order, unless the Power of which the protected persons are nationals has given its consent." (3) Convention relative to the Treatment of Prisoners of War. Article 10:" The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or to a neutral State to take the place of a Protecting Power, as being in order, unless the Power of which the prisoners of war are nationals has given its consent." Article 12: "The People's Republic of Albania considers that in case of prisoners of war being transferred to another Power by the Detaining Power, the responsibility for the application of the Convention to such prisoners of war will continue to rest with the Power which captured them." Article 85: "The People's Republic of Albania considers that persons convicted under the law of the Detaining Power, in accordance with the principles of the Nuremberg trial, of war crimes and crimes against humanity, must be treated in the same manner as persons convicted in the country in question. Albania does not, therefore, consider herself bound by Article 85 so far as the category of persons mentioned in the present reservation is concerned". (4) Convention relative to the Protection of Civilian Persons in Time of War . Article 11:" The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or to a neutral State to take the place of a Protecting Power, as being in order, unless the Power of which the protected persons are nationals has given its consent." Article 45: "The People's Republic of Albania considers that in the case of protected persons being transferred to another Power by the Detaining Power, the responsibility for the application of the Convention to such protected persons will continue to rest with the Detaining Power." SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol.I, Federal Political Department, Berne, p.342.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Title of the Convention

text: 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 Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, 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 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: Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found.

text: Article 4 - Application by neutral Powers

text: For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation.

text: Article 5 - Duration of application

text: In addition to the agreements expressly provided for in Articles 10 , 15 , 23 , 28 , 31 , 36 , 37 and 52 , the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.

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

text: Article 6 - Special agreements

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

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

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 and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting

text: Article 11 - Conciliation procedure

text: Chapter II : Wounded and sick

text: Members of the armed forces and other persons mentioned in the following Article , who are wounded or sick, shall be respected and protected in all circumstances.

text: They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.

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: The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.

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

text: The present Convention shall apply to the wounded and sick 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 civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

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 do not benefit by more favourable treatment under any other provisions in 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: Subject to the provisions of Article 12 , the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.

text: Article 14 - Status of the wounded and sick who have fallen into enemy hands

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

text: Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.

text: Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.

text: Article 15 - Search for casualties. Evacuation

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

text: 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 a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.

text: Article 16 - Recording and forwarding of information

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

text: Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead.

text: They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.

text: As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16 , lists showing the exact location and markings of the graves together with particulars of the dead interred therein.

text: Article 17 - Prescriptions regarding the dead. Graves Registration Service

text: The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.

text: The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.

text: No one may ever be molested or convicted for having nursed the wounded or sick.

text: The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.

text: Article 18 - Role of the population

text: Chapter III : Medical units and establishments

text: Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.

text: The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.

text: Article 19 - Protection of medical units and establishments

text: Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land.

text: Article 20 - Protection of hospital ships

text: The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.

text: Article 21 - Discontinuance of protection of medical establishments and units

text: The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19 :

text: (1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.

text: (2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.

text: (3) That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.

text: (4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.

text: (5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.

text: Article 22 - Conditions not depriving medical units and establishments of protection

text: In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties to the conflict, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.

text: Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.

text: The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.

text: Article 23 - Hospital zones and localities

text: Chapter IV : Personnel

text: Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.

text: Article 24 - Protection of permanent personnel

text: Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.

text: Article 25 - Protection of auxiliary personnel

text: The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24 , are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.

text: Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.

text: Article 26 - Personnel of aid societies

text: A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.

text: The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.

text: In no circumstances shall this assistance be considered as interference in the conflict.

text: The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong.

text: Article 27 - Societies of neutral countries

text: Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.

text: Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:

text: (a) They shall be authorized to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.

text: (b) In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26 . In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.

text: (c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.

text: During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.

text: None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.

text: Article 28 - Retained personnel

text: Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war but shall be employed on their medical duties in so far as the need arises.

text: Article 29 - Status of auxiliary personnel who have fallen into enemy hands

text: Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit.

text: Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.

text: On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.

text: Article 30 - Return of medical and religious personnel

text: The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.

text: As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.

text: Article 31 - Selection of personnel for return

text: Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.

text: Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.

text: Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were.

text: On their departure, they shall take with them their effects, personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.

text: The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.

text: Article 32 - Return of personnel belonging to neutral countries

text: Chapter V : Buildings and material

text: The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick.

text: The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.

text: The material and stores defined in the present Article shall not be intentionally destroyed.

text: Article 33 - Buildings and material of medical units and establishments

text: The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property.

text: The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured.

text: Article 34 - Property of aid societies

text: Chapter VI : Medical transports

text: Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.

text: Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.

text: The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.

text: Article 35 - Protection of medical transports

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

text: They shall bear, clearly marked, the distinctive emblem prescribed in Article 38 , together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.

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

text: Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.

text: In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 , and the Articles following [ Link ] .

text: Article 36 - 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 on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.

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

text: Article 37 - Flight over neutral countries. Landing of the wounded and sick

text: Chapter VII : The distinctive emblem

text: As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.

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, those emblems are also recognized by the terms of the present Convention.

text: Article 38 - Emblem of the Convention

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

text: Article 39 - Use of the emblem

text: The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.

text: Such personnel, in addition to wearing the identity disc mentioned in Article 16 , shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, 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 40 - Identification of medical and religious personnel

text: The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.

text: Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.

text: Article 41 - Identification of auxiliary personnel

text: The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities.

text: In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.

text: Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention.

text: Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.

text: Article 42 - Marking of medical units and establishments

text: The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27 , shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42 .

text: Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party.

text: Article 43 - Marking of units of neutral countries

text: With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words "Red Cross", or "Geneva Cross" may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38 , second paragraph , in respect of the countries which use them. The National Red Cross Societies and other Societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph.

text: Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.

text: The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground.

text: As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.

text: Article 44 - Restrictions in the use of the emblem. Exceptions

text: Chapter VIII : 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 unforseen cases, in conformity with the general principles of the present Convention.

text: Article 45 - Detailed execution. Unforeseen cases

text: Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.

text: Article 46 - 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 47 - 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 48 - Translations. Implementing laws and regulations

text: Chapter IX : 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 49 - 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 50 - 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 51 - 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 52 - Enquiry procedure

text: The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation "Red Cross" or "Geneva Cross", or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times.

text: By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times.

text: Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use, provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention.

text: The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38 .

text: Article 53 - Misuse of the emblem

text: The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53 .

text: Article 54 - Prevention of misuse of the emblem

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 55 - 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 Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.

text: Article 56 - 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 57 - 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 58 - Coming into force

text: The present Convention replaces the Conventions of August 22, 1864, July 6, 1906, and July 27, 1929, in relations between the High Contracting Parties.

text: Article 59 - Relation to previous Conventions

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 60 - 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 61 - 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 62 - 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 63 - 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: Article 64 - Registration with the United Nations

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: Testimonium

text: Annex I : Draft agreement relating to hospital zones and localities

text: Hospital zones shall be strictly reserved for the persons named in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, and for the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.

text: Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there.

text: Article 1 - Annex I : Draft agreement relating to hospital zones and localities - Beneficiaries

text: No persons residing, in whatever capacity, in a hospital zone shall perform any work, either within or without the zone, directly connected with military operations or the production of war material.

text: Article 2 - Annex I : Draft agreement relating to hospital zones and localities - Prohibited work

text: The Power establishing a hospital zone shall take all necessary measures to prohibit access to all persons who have no right of residence or entry therein.

text: Article 3 - Annex I : Draft agreement relating to hospital zones and localities - Prohibited access

text: Hospital zones shall fulfil the following conditions:

text: (a) They shall comprise only a small part of the territory governed by the Power which has established them.

text: (b) They shall be thinly populated in relation to the possibilities of accommodation.

text: (c) They shall be far removed and free from all military objectives, or large industrial or administrative establishments.

text: (d) They shall not be situated in areas which, according to every probability, may become important for the conduct of the war.

text: Article 4 - Annex I : Draft agreement relating to hospital zones and localities - Conditions

text: Hospital zones shall be subject to the following obligations:

text: (a) The lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material, even in transit.

text: (b) They shall in no case be defended by military means.

text: Article 5 - Annex I : Draft agreement relating to hospital zones and localities - Obligations

text: Hospital zones shall be marked by means of red crosses (red crescents, red lions and suns) on a white background placed on the outer precincts and on the buildings. They may be similarly marked at night by means of appropriate illumination.

text: Article 6 - Annex I : Draft agreement relating to hospital zones and localities - Marking

text: The Powers shall communicate to all the High Contracting Parties in peacetime or on the outbreak of hostilities, a list of the hospital zones in the territories governed by them. They shall also give notice of any new zones set up during hostilities.

text: As soon as the adverse Party has received the above-mentioned notification, the zone shall be regularly constituted.

text: If, however, the adverse Party considers that the conditions of the present agreement have not been fulfilled, it may refuse to recognise the zone by giving immediate notice thereof to the Party responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8 .

text: Article 7 - Annex I : Draft agreement relating to hospital zones and localities - Notification and recognition

text: Any Power having recognized one or several hospital zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement.

text: For this purpose, the members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection.

text: Article 8 - Annex I : Draft agreement relating to hospital zones and localities - Control

text: Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power who has recognised the zone.

text: If, when the time limit has expired, the Power governing the zone has not complied with the warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone.

text: Article 9 - Annex I : Draft agreement relating to hospital zones and localities - Sanctions

text: Any Power setting up one or more hospital zones and localities, and the adverse Parties to whom their existence has been notified, shall nominate or have nominated by neutral Powers, the persons who shall be members of the Special Commissions mentioned in Articles 8 and 9 .

text: Article 10 - Annex I : Draft agreement relating to hospital zones and localities - Nomination of members of the Commissions

text: In no circumstances may hospital zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict.

text: Article 11 - Annex I : Draft agreement relating to hospital zones and localities - Respect of the zones

text: In the case of occupation of a territory, the hospital zones therein shall continue to be respected and utilized as such.

text: Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated.

text: Article 12 - Annex I : Draft agreement relating to hospital zones and localities - Occupation

text: The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital zones.

text: Article 13 - Annex I : Draft agreement relating to hospital zones and localities - Hospital localities

text: Annex II - Identity card for members of medical and religious personel attached to the armed forces

summary: This Convention represents the fourth updated version of the Geneva Convention on the wounded and sick following those adopted in 1864, 1906 and 1929. It contains 64 articles. These provide protection for the wounded and sick, but also for medical and religious personnel, medical units and medical transports. The Convention also recognizes the distinctive emblems. It has two annexes containing a draft agreement relating to hospital zones and a model identity card for medical and religious personnel. The updated Commentary on this Convention was published online on 22 March 2016 and takes into account developments up to this date. This commentary can be referred to (in full) as ICRC, Commentary on the First Geneva Convention: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 2nd edition, 2016, or (in brief) as ICRC, Commentary on the First Geneva Convention, 2016. This web page can be referred to as: https://ihl-databases.icrc.org/ihl/full/GCI-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 .