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Convention (IV) Relative to the Protection

of Civilian Persons in Time of War.

Geneva, 12 August 1949.

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Part I : General provisions

- Art 1 All contracting parties are ensurerespect of the Conventions

- Art 2 The Convention is applicable duringwar and peace time

- Art 3 In the case of non-international armedconflict minimum prescribed standard shall beapplied

- Art 4 Persons protected by the Convention

are nationals of the Party to the conflict and theOccupying Power. Nationals of neutral state orco-belligerent state are not
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- Art 5 In the territory of state party to the

conflict or in the occupied territory wherepersons are suspected to be engaged in hostile

activities, these persons shall not be entitled to

the protection. They shall however be treated

with humanity be entitled to a fair trial

- Art 6 The Convention is applicable from the

beginning of any conflict or occupation

- Art 7 Additional agreements may beconcluded so long as it does not adversely affect

the protection provided by this Convention
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- Art 8 Protected persons may not renouncetheir rights under this Convention

- Art 9 The Convention shall be applied withthe cooperation of Protecting Powers.

- Art 10 The provisions of his Conventionconstitute no obstacle to ICRC or other neutral

humanitarian organizations to perform theirduties

- Art 11 The parties may at any time entrustimpartial international organizations with the

duties of Protecting Power - Art 12 In cases of disagreement betweenparties to the conflict Protecting Power shall lendits good office to settle the issue

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Part II : General Protection of Populations Against CertainConsequences of War

- Art 13 The provisions under this part covers thewhole populations of the countries in conflict without anydiscriminatory distinction. They are intended to alleviatetheir sufferings

- Art 14 In time of peace the parties may establish intheir territories and occupied areas hospital and safetyzones to protect the wounded, sick, the aged andchildren under fifteen, expectant mothers and mother ofchildren under seven

- Art 15 Any party to the conflict may request throughneutral state or humanitarian organization for theadverse party to organize neutralize zone to shelterwithout distinction civilians from the effects of war
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- Art 16 The wounded sick, infirm andexpectant mothers shall be of particular

protection and respect - Art 17 Parties to the conflict shall endeavor

to conclude agreement to facilitate the removalof the wounded, sick, infirm, aged persons and

maternity cases from besieged area - Art 18 Civilian hospitals shall not be object

of attack. They shall be marked with protectiveemblems as per provided by Art 38 of GC I

- Art 19 Protection to civilian hospitals shallno cease unless they violate their humanitarianduties and prior warning has been given

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- Art 20 Persons solely engaged in the operation and

administration of civilian hospitals shall be respected andprotected. They shall have ID and wear the prescribedarmlet

- Art 21 Convoy of vehicles, hospital trains, vessels atsea carrying sick, infirm and maternity cases shall be

given protection as per accorded to the hospital. Theyshall be marked as prescribed by Art 38 of GC I

- Art 22 Aircraft exclusively used to transport civiliansick, wounded, infirm and maternity cases shall not beattacked. They shall fly under the prescribed condition.They may be marked with distinctive sign as provided forby Art 38 0f GC I

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- Art 23 Parties are to allow the passage of medicalsupplies, object of religious worship and essential itemsfor expectant mothers, maternity cases and childrenunder fifteen

- Art 24 Parties are to ensure children under fifteenare not left on their own. They shall be provided with

education and allowed to practice their religion. Theirmaintenance shall be entrusted to persons of similarculture background

- Art 25 Persons in conflict or occupied territoriesshall be allowed to convey and receive personal news

speedily - Art 26 Parties shall facilitate enquiries made by

members of families dispersed owing to war

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- Art 38 The situation of protected persons shall

always be regulated as per Art 27 with the prescribedrights granted to them and possible limitation imposed byArt 41

- Art 39 Protected persons who lost their jobs owingto war shall have the right to obtain similar employment

subject to security consideration - Art 40 They may be compelled to work to the same

extent as nationals of the party to the conflict

- Art 41 Should the Power find control measures

provided by the Convention to be inadequate, they maynot resort to control measures more severe thaninternment and assigned residence

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Section III : Occupied territories

- Art 47 Protected persons in occupied territory shall

not be deprived of the benefits of the Convention - Art 48 Protected persons who are not nationals of

occupied territory may seek the right to leave the territorysubject to security consideration

- Art 49 Individual or mass forcible transfer ordeportation of protected persons from occupied territoryto territory of Occupying Power or other country,regardless of the motive is prohibited. It shall not transferits civilian population into the occupied territory

- Art 50 The Occupying power shall facilitate theworking of institutions devoted to care and education ofchildren

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- Art 51 The Occupying Power shall not compelprotected person to serve in its armed or auxiliary forces.There should be no pressure or propaganda to securevoluntary enlistment either

- Art 52 No contract shall impair the rights of workers.No measures shall be introduce to create condition to

induce them to work for Occupying Power - Art 53 Destruction of real or personal property by

Occupying Power is prohibited unless renderednecessary by military operations

- Art 54 Status of judges and public officials in theoccupied territories shall not be altered. They cannot bediscriminated for refusing to act against their conscience.They can be removed from their posts

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- Art 55 The Occupying Power to the fullest extent ofmeans available is responsible to ensuring adequate

supply of food and medical supplies - Art 56 The Occupying Power to the fullest extent ofmeans available is responsible in maintaining themedical and health establishments and services andpublic health and hygiene facilities

- Art 57 The Occupying Power on the basis oftemporary necessity may requisition civilian hospital tothe care of military sick and wounded

- Art 58 The Occupying Power shall allow religiousministers to give spiritual assistance to members of theircommunities

- Art 59 If the occupied territory is inadequatelysupplied the Occupying Power shall agree for reliefschemes to be facilitated
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- Art 60 Relief schemes shall not relief the OccupyingPower of its responsibility as regards adequate provision

of food and medical and health supplies. They shall notbe diverted from the intended purposed without theconsent of the Protecting Power

- Art 61 The distribution of relief consignments shallbe with cooperation of Protecting Power and may bedelegated to impartial humanitarian organizations. Theyshall not be subjected to tax

- Art 62 Subject to imperative security reasonsprotected persons in occupied territories shall bepermitted to receive individual relief consignments sentto them

- Art 63 Subject to temporary and exceptionalmeasures due to security reasons recognized nationalred cross societies or other relief societies shall beallowed to carry out humanitarian activities

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- Art 64 The penal law of occupied territory shall be in force. Theymay be repealed or suspended if they constitute a threat to securityor impediment to the application of the Convention

- Art 65 The penal provisions enacted by Occupying Power shallnot come into force until they are published and the public areinformed. They effect of the provisions cannot be retroactive

- Art 66 In the case of breach of penal provisions promulgated by

the Occupying Power the accused may be tried by non-politicalmilitary courts that sits in the occupied country

- Art 67 The court shall only apply those provisions of lawapplicable prior to the offence and in accordance to the generalprinciple of law

- Art 68 Protected person committing an offence intended to

harm the Occupying Power but not threatening limbs and lives of itsarmed forces shall be liable to simple imprisonment or internment

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- Art 69 The time spent by the accusedawaiting trial shall be deducted from the periodof imprisonment awarded

- Art 70 Protected persons shall not bearrested, prosecuted or convicted for expressingtheir opinions

- Art 71 No sentence shall be pronounced bythe courts except after a regular trial andfollowing the procedures prescribed

- Art 72 The accused have the right topresent evidence, call for witnesses and serviceof a qualified counsel of their choice

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- Art 73 A convicted person has the right toappeal provided by the laws applied by thecourt. If there is no such provision he has theright to petition against the finding

- Art 74 A representative of Protecting Powerhas the right to attend the trial of protectedpersons unless it is held in camera for securityreasons

- Art 75 A person condemned to death shallnot be deprived of right of petition for pardon orreprieve. Death sentence shall only be carriedout minimum six months after the ProtectingPower being notified

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Section IV : Regulations for the treatment of internees

Chapter I : General Provisions

- Art 79 The parties shall not intern protected personsexcept for security reasons and he has the right toappeal

- Art 80 Parties to conflict shall be bound to provideintern protected persons medical care and othermaintenance free of charge

- Art 81 parties who intern protected persons arebound to provide free maintenance and medical attention

- Art 82 Detainees are to be accommodatedaccording to their nationality, language and custom

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Chapter II : Places of Internment

- Art 83 Places of internment shall not be setup at dangerous places. If possible the locationis to be informed to enemy power and be clearlymarked with the letters IC

- Art 84 Internees are to be separated fromprisoners of wars and persons who are deprivedof liberty

- Art 85 Detaining Powers are to be

accommodated in buildings and quarters thatare hygienic and healthy, protected against theelements of weather and effects of war

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- Art 86 Detaining Power shall provide

detainees areas suitable for holding theirreligious services

- Art 87 Canteens shall be establishedin every place of internment. The pricesshall not be higher than local marketprices and subject to scrutiny by InterneeCommittee.

- Art 88 Places of internment subjectedto air raids and hazards of war are toprovide adequate shelter to the internees

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Chapter III : Food and Clothing

- Art 89 Daily food rations for theinternees shall be sufficient in terms ofquantity, quality and variety

- Art 90 When taken into custodyinternees shall be given facilities to availthemselves with enough clothing, footwearand change of underwear. Detaining

Power shall provide them with freeclothing to protect them from the climate ifthey are unable to procure one
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Chapter IV : Hygiene and Medical Attention

- Art 91 Every place of internment shall

have adequate medical facilities

- Art 92 Medical inspections ofinternees shall be made at least once a

month

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Chapter VI : Personal Property and

Financial Resources

- Art 97 Internees shall be permitted to

retain articles of personal use. Valuables

may not be taken from them unless in

accordance with procedure

- Art 98 Internees shall receive regular

allowance to purchase goods and articles.

They may also receive allowance from

other prescribed parties

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Chapter VII : Administration and Discipline

- Art 99 Every place of internment shall beplaced under responsible regular military officeror regular civil administrator of the DetainingPower

- Art 100 Disciplinary regime in places ofinternment shall be consistent with humanitarianprinciples. Military type of punishments and foodrationing is prohibited

- Art 101 The internees are entitled to petitionto the authorities as regards the conditions theyare subjected to

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- Art 102 The internees shall every six

months freely elect members of theInternee Committee by secret ballot

- Art 103 The Internee Committee shall

further the physical, spiritual andintellectual well being of the internees

- Art 104 Members of the Committee

shall not be required to perform any otherwork if it renders the performance of their

duties more difficult

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Chapter VIII : Relations with the Exterior

- Art 105 Upon detaining the internees theDetaining Power shall inform the detainees

country of allegiance of the measures taken to

comply with the Convention

- Art 106 Latest within a week of hisinternment the internee shall be allowed to send

direct to his family and to Central Agency a card

informing of his detention

- Art 107 Internees are to be allowed to send

letters and cards at the minimum rate of two

letters and four cards monthly

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- Art 108 Internees shall be allowed to receive bypost or other means individual or collective parcels

containing foodstuffs, medical supplies, educationalitems and objects of devotional and recreationalcharacter

- Art 109 In the absence of special agreementsbetween parties of conflict the regulations concerning

collective relief as annexed to this Convention shall apply - Art 110 All relief shipments shall be subjected to tax - Art 111 Should military action prevents the

conveyance of mails and relief shipments the ICRC orother approved organizations may undertake the effort

- Art 112 The censoring of correspondence sent orreceived must be done as soon as possible

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- Art 113 The Detaining Power shallfacilitate the transmission from internees of

wills, powers of attorney, letters of authority orother documents for dispatch - Art 114 The Detaining Power shall allow

detainees to manage their properties and mayin urgent cases allow them leave if thecircumstances permit

- Art 115 If an internee is a party to courtproceedings the court shall be informed of hisinternment so that he would not be prejudiced

as regards the conduct of the case - Art 116 Every internee shall be allowed to

receive visitors at regular intervals and asfrequently as possible

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Chapter IX : Penal and Disciplinary Sanctions

- Art 117 Laws currently in force in theterritory shall continue to apply to interneesduring internment

- Art 118 The courts shall take into accountthat the detainee is not a national of the

Detaining Power and should exercise theirjudgment with leniency

- Art 119 Disciplinary punishments applicableto internees are as per prescribed by this Article

- Art 120 Recaptured internees shall only beliable to disciplinary punishment even if it is arepeated offence

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Chapter X : Transfers of Internees - Art 127 The transfer of internees shall

be effected humanely

- Art 128 In the event of transferinternees are to be notified of their new

address to facilitate notification to their

families

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Chapter XI : Deaths

- Art 129 The wills of internees kept are to bedispatched on their death. The death must be

certified by a doctor

- Art 130 Detaining Power shall ensure that

internees who died shall be given honorable

burial - if possible according to their religious

rites

- Art 131 Cases of death or serious injury tointernees, caused by sentries or other persons

are to be followed by official enquiry

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Section V : Information bureauxand central agency

- Art 136 Upon outbreak of hostilities and incases of occupation parties to a conflict shallestablish information bureau in respect ofinformation on protected persons

- Art 137 Each National Bureau shall forwardthe information to the Power where the interneeresides by the most rapid means

- Art 138 The information received shallenable the internee to be identified and hisrelatives informed
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- Art 139 Each national information bureaushall be responsible in collecting personal

effects left by internees who are released orrepatriated, escaped or died. They are to besend to the Central Agency and be properlyrecorded

- Art 140 Central Information Agency shall becreated in neutral country. The purpose is tofacilitate the collection and transmission ofinformation as regards protected persons

- Art 141 The national information bureau andthe Central Information Agency shall enjoy freepostage for all mails and so far as possiblereduction or exemption from telegraphic charges

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Part IV : Execution of the Convention

Section I : General Provisions

- Art 142 Except for security reasons the DetainingPower shall facilitate the visit of accredited agents of

relief, religious or other societies and the receipt ofsupplies and materials from any source

- Art 143 Representatives or delegates of theProtecting Power shall have the right to go to all theplaces of internment and meet the internees personally

- Art 144 The parties will undertake to disseminatethe text of this Convention as widely as possible

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- Art 145 The parties shall communicate theiradoption of the regulations through the Swiss FederalCouncil and during hostilities through Protecting Power

- Art 146 The parties shall enact legislation to provideeffective penal sanction for crimes committed against the

Convention - Art 147 Grave breaches of the Convention include

the commission of the prescribed acts listed - Art 148 No party can absolve itself of liability

incurred by itself or other party in respect of the violation

of the Convention - Art 149 At the request of a Party an enquiry shall be

instituted concerning any alleged violation

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Section II : Final Provisions

- Art 150 The Convention is established in English and French.Both are authentic - Art 151 The Convention is open to signature until 12 February

1950 - Art 152 It shall be ratified as soon as possible and be deposited

at Berne

- Art 153 The Convention shall come into force six months aftertwo instruments of ratification have been deposited - Art 154 To parties of the Hague Convention of 1899 and 1907

this Convention shall be supplementary to Sections I and II of theearlier conventions

- Art 155 This Convention shall be open to any Power from the

date of its coming into force
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- Art 156 Accession shall be notified to Swiss FederalCouncil and shall take effect six months after it isreceived

- Art 157 In the event of international or non-

international armed conflict the ratification deposited andaccession notified will take immediate effect

- Art 158 Each party is at liberty to denounce theConvention. It shall be notified to the Swiss FederalCouncil which shall transmit the notification to all parties

- Art 159 The Swiss Federal Council shall register theConvention with the Secretariat of the United Nations

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