GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND
SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held
at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of
October 18,1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of
1906, have agreed as follows:—
CHAPTER I
GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in
all circumstances.
Article 2
Application of the Convention.—In addition to the provisions which shall be implemented in peace
time, the present Convention shall apply to all cases of declared war or of any other armed conflict which
may arise between two or more of the High Contracting Parties, even if the state of war is not recognised
by one of them.
The convention shall also apply to all cases of partial or total occupation of the territory of a High
Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who
are parties thereto shall remain bound by the Convention in relation to the said Power, if the latter accepts
and applies the provisions thereof.
Article 3
Conflicts not of an international character.—In the case of armed conflict not of an international
character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall
be bound to apply, as a minimum, the following provisions:—
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid
down their arms and those placed, hors de combat by sickness, wounds, detention, or any other cause,
shall in all circumstances be treated humanely, without any adverse distinction founded on race, color,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:—
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and
torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgement
pronounced by a regularly constituted court, affording all the judicial guarantees which are
recognised as indispensable by civilized peoples.
(2) The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its
services to the Parties to the conflict.
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The Parties to the conflict should further endeavor to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the proceeding provision shall not affect the legal status of the Parties
to the conflict.
Article 4
Field of application.—In case of hostilities between land and naval forces of Parties to the conflict,
the provisions of the present Convention shall apply only to forces on board ship.
Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Article 5
Application by neutral powers.—Neutral Powers shall apply by analogy the provisions of the
present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and
to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well
as to dead persons found.
Article 6
Special agreements.—In addition to the agreements expressly provided for in
Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it suitable to make separate provision, No
special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of
members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the
rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue
to have the benefit of such agreements as long as the Convention is applicable to them, except where
express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where
more favorable measures have been taken with regard to them by one or other of the Parties
to the conflict.
Article 7
Non-renunciation of rights.—Wounded, sick and shipwrecked persons, as well as members of the
medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special agreements referred to in the foregoing
Article, if such there be.
Article 8
Protecting powers.—The present convention shall be applied with the co-operation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict.
For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff,
delegates from amongst their own nationals, or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives
or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission
under the present Convention. They shall, in particular, take account of the imperative necessities of
security of the State wherein they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by imperative military necessities.
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Article 9
Activities of the International Committee of the Red Cross.—The provisions of the present
Convention constitute no obstacle to the humanitarian activities which the International Committee of the
Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to
the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical
personnel and chaplains, and for their relief.
Article 10
Substitutes for Protecting Powers.—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.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to
benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided
for in the first paragraph above, the Detaining Power shall request a neutral state, or such an organisation,
to undertake the functions performed under present Convention by a Protecting Power designated by the
Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,
subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as
the International Committee of the Red Cross, to assume the humanitarian functions performed by
protecting powers under the present Convention.
Any neutral Power, or any organisation invited by the Power concerned or offering itself for these
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers
one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies
by reason of military events, more particularly where the whole, or a substantial Part, of the territory of
the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention also
applies to substitute organisations in the sense of the present Article.
Article 11
Conciliation procedure.—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 setting the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one party or on its own
initiative, propose to the parties to the conflict a meeting of their representatives, in particular of the
authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly
on neutral territory suitable chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting powers may, if necessary, propose for approval
by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a meeting.
CHAPTER II
WOUNDED, SICK AND SHIPWRECKED
Article 12
Protection and care.—Members of the armed forces and other persons mentioned in the following
Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all
circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and
includes forced landings at sea by or from air-craft.
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Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power
they may be, without any adverse distinction founded on sex, race, nationality, religion, political
opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be
strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to
biological experiments; they shall not wilfully be left without medical assistance and care, nor shall
conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
Article 13
Protected persons.—The present Convention shall apply to the wounded, sick and shipwrecked at
sea belonging to the following categories:—
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer
corps forming part of such armed forces;
(2) Members of other militias and members of other volunteer corps, including those of 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 militaries or volunteer corps, including such
organized resistance movements, fulfill the following conditions:—
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognisable at a distance.
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war;
(3) Members of regular armed forces who profess allegiance to a Government or an authority not
recognised by the Detaining Power;
(4) Persons who accompany the armed forces without actually being member 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;
(5) Members of crews, including masters, pilots and apprentices, of the merchants marine and the
crews of civil aircraft of the parties to the conflict who do not benefit by more favorable treatment under
any other provisions of international law;
(6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up
arms to resist the invading forces, without having had time to form themselves into regular armed units,
provided they carry arms openly and respect the laws and customs of war.
Article 14
Handing over to a belligerent.—All warships of a belligerent Party shall have the right to demand
that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to
relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be
surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved
and that the warship can provide adequate facilities for necessary medical treatment.
Article 15
Wounded taken on board a neutral warship.—If wounded, sick or shipwrecked persons are taken
on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by
international law, that they can take no further part in operations of war.
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Article 16
Wounded falling into enemy hands.—Subject to the provisions of Article 12, the wounded, sick and
shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of
international law concerning prisoners of war shall apply to them. The captor may decide, according to
circumstances, whether it is expedient to hold them, or to convey them to a port in the captor‟s own
country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus
returned to their home country may not serve for the duration of the war.
Article 17
Wounded landed in a neutral port.—Wounded, sick or shipwrecked persons who are landed in
neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between
the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by
international law, that the said persons cannot again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power on whom the
wounded, sick or shipwrecked persons depend.
Article 18
Search for causalities after an engagement.—After each engagement, Parties to the conflict shall
without delay take all possible measures to search for and collect the shipwrecked, wounded and sick, to
protect them against pillage and ill—treatment, to ensure their adequate care, and to search for the dead
and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the
removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical
and religious personnel and equipment on their way to that area.
Article 19
Recording and forwarding of information.—The Parties to the conflict shall record as soon as
possible in respect of each shipwrecked, wounded sick or dead person of the adverse Party falling into
their hands, any particulars which may assist in his identification. These records should if
possible include:—
(a) designation of the Power on which he depends;
(b) army, regimental, personnel or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Information Bureau
described in Article 122 of the Geneva Convention 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.
Parties to the conflict shall prepare and forward to each other through the same Bureau, certificates of
death or duly authenticated lists of dead. They shall likewise collect and forward through the same Bureau
one-half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other
documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental
value , which are found on the dead. These articles, together with unidentified articles, shall be sent in
sealed packets, accompanied by statements giving all particulars necessary for the identification of the
deceased owners as well as by a complete list of the contents of the parcel.
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Article 20
Prescriptions regarding the dead.—Parties to the conflict shall ensure that burial at sea of the dead,
carried out individually as far as circumstances permit, is preceded by a careful examination, if possible
by a medical examination, of the bodies, with a view to confirming death, establishing identity and
enabling a report to be made. Where a double identity disc is used, one-half of the disc should remain on
the body.
If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable.
Article 21
Appeals to neutral vessels.—The Parties to the conflict may appeal to the charity of commanders of
neutral merchant vessels, yachts or other craft to take on board and care for wounded, sick or shipwrecked
persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord collected
wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out
such assistance.
They may, in no case, be captured on account of any such transport; but, in the absence of any
promise to the contrary, they shall remain liable to capture for any violations of neutrality they may
have committed.
CHAPTER III
HOSPITAL SHIPS
Article 22
Notification and protection of military hospital ships.—Military hospital ships, that is to say, ships
built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and
shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured,
but shall at all times be respected and protected, on condition that their names and descriptions have been
notified to the Parties to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include registered gross tonnage, the
length from stem to stern and the number of masts and funnels.
Article 23
Protection of medical establishments ashore.—Establishments ashore entitled to the protection of
the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the field of August 12, 1949, shall be protected from bombardment or attack from the sea.
Article 24
Hospital ships utilized by relief societies and private individuals of I. Parties to the
conflict.—Hospital ships utilized by National Red Cross Societies, by officially recognized relief
societies or by private persons shall have the same protection as military hospital ships and shall be
exempt from capture, if the Party to the conflict on which they depend has given them an official
commission and in so far as the provisions of Article 22 concerning notification have been complied with.
These ships must be provided with certificates of the responsible authorities, stating that the vessels
have been under their control while fitting out and on departure.
Article 25
II Neutral countries.—Hospital ships utilized by National Red Cross Societies, officially recognized
relief societies, or private persons of neutral countries shall have the same protection as military hospital
ships and shall be exempt from capture, on condition that they have placed themselves under the control
of one of the Parties to the conflict, with the previous consent of their own governments and with the
authorisation of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning
notification have been compiled with.
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Article 26
Tonnage.—The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any
tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort
and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and
ship wrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.
Article 27
Coastal rescue craft.—Under the same conditions as those provided for in Articles 22 and 24, small
craft employed by the State or by the officially recognised lifeboat institutions for coastal rescue
operations, shall also be respected and protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used exclusively by these crafts
for their humanitarian missions.
Article 28
Protection of sick-bays.—Should fighting occur on board a warship, the sick-bays shall be respected
and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of welfare,
but may not be diverted from their purpose so long as they are required for the wounded and sick.
Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of
the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent
military necessity.
Article 29
Hospital ships in occupied ports.—Any hospital ship in a port which falls into the hands of the
enemy shall be authorised to leave the said port.
Article 30
Employment of Hospital ships and small craft.—The vessels described in Article 22, 24, 25 and 27
shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality.
The High Contracting Parties undertake not to use these vessels for any military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Article 31
Right of control and search.—The Parties to the conflict shall have the right to control and search
the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order
them off, make them take a certain course, control the use of their wireless and other means of
communication, and even detain them for a period not exceeding seven days from the time of
interception, if the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that orders given
in virtue of the provisions of the preceding paragraph are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he
can understand, the orders they have given to the captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships
neutral observers who shall verify the strict observation of the provisions contained in the
present Convention.
Article 32
Stay in a neutral port.—Vessels described in Articles 22, 24, 25 and 27 are not classed as warships
as regards their stay in a neutral port.
Article 33
Converted merchant vessels.—Merchant vessels which have been transformed into hospital ships
cannot be put to any other use throughout the duration of hostilities.
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Article 34
Discontinuance of protection.—The protection to which hospital ships and sick-bays are entitled
shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the
enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate
cease a reasonable time limit, and after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless or other means
of communication.
Article 35
Conditions not depriving hospital ships of protection.—The following conditions shall not be
considered as depriving hospital ships or sick-bays of vessels of the protection due to them:—
(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their
own defense or that of the sick and wounded.
(2) The presence on board of apparatus exclusively intended to facilitate navigation
or communication.
(3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken
from the wounded, sick and shipwrecked and not yet handed to the proper service.
(4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the
crews extend to the care of wounded, sick or shipwrecked civilians.
(5) The transport of equipment and of personnel intended exclusively for medical duties, over and
above the normal requirements.
CHAPTER IV
PERSONNEL
Article 36
Protection of the personnel of hospital ships.—The religious, medical and hospital personnel or
hospital ships and their crews shall be respected and protected; they may not be captured during the time
they are in the service of the hospital ship, whether or not there are wounded and sick on board.
Article 37
Medical and religious personnel of other ships.—The religious, medical and hospital personnel
assigned to the medical or spiritual care of the persons designated in Article 12 and 13 shall, if they fall
into the hands of the enemy, be respected and protected; they may continue to carry out their duties as
long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon
as the commander-in-Chief, under whose authority they are, considers it practicable. They may take with
them, on leaving the ships, their personal property.
If, however, it prove necessary to retain some of this personnel owing to the medical or spiritual
needs of prisoners of war, every-thing possible shall be done for their earliest possible landing.
Retained personnel shall be subject on landing, to the provisions of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
CHAPTER V
MEDICAL TRANSPORTS
Article 38
Ships used for the conveyance of medical equipment.—Ships chartered for that purpose shall be
authorised to transport equipment exclusively intended for the treatment of wounded and sick members of
armed forces or for the prevention of disease, provided that the particulars regarding their voyage have
been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right
to board the carrier ships, but not to capture them or seize the equipment carried.
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By agreement amongst the Parties to the conflict, neutral observers may be placed on board such
ships to verify the equipment carried. For this purpose, free access to the equipment shall be given.
Article 39
Medical aircrafts.—Medical aircraft, that is to say, aircraft exclusively employed for the removal of
wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be
the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times
and on routes specially agreed upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their
national colours, on their lower, upper and lateral surfaces. They shall be provided with any other
markings or means of identification which may be agreed upon between the Parties to the conflict upon
the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to
alight, the aircraft with its occupants may continue its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the
wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical
personnel shall be treated according to Articles 36 and 37.
Article 40
Flight over neutral countries. Landing of wounded.—Subject to the provisions of the second
paragraph, medical air-craft of Parties to the conflict may fly over the territory of neutral Powers, land
thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their
passage over the said territory, and obey every summons to alight, on land or water. They will be immune
from attack only when flying on routes, at heights and at times specifically agreed upon between the
Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of
medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all
Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick
or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by
medical aircraft shall be detained by the neutral Power, where so required by international law, in such a
manner that they cannot again take part in operations of war. The cost of their accommodation and
interment shall be borne by the Power on which they depend.
CHAPTER VI
THE DISTINCTIVE EMBLEM
Article 41
Use of the emblem.—Under the direction of the competent military authority, the emblem of the red
cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the
Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red
crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the
present Convention.
Article 42
Identification of medical and religious personnel.—The personnel designated in
Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive
emblem, issued and stamped by the military authority.
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Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a
special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size
that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the
surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in
what capacity he is entitled to the protection of the present Convention. The card shall bear the
photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed
with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of a
similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided
by the model which is annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if
possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the
right to wear the armlet. In cases of loss they shall be entitled to receive duplicates of the cards and to
have the insignia replaced.
Article 43
Marking of hospital ships and small craft.—The ships designated in Articles 22, 24, 25 and 27
shall be distinctively marked as follows:—
(a) All exterior surfaces shall be white.
(b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side
of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from
the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag and further, if they
belong to a neutral State, the flag of the Party to the conflict whose direction they have accepted. A white
flag with a red cross shall be flown at the main mast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small crafts used by the Medical Service shall be
painted white with dark red crosses prominently displayed and shall, in general, comply with the
identification system prescribed above for hospital ships.
The above-mentioned ships and crafts, which may wish to ensure by night and in times of reduced
visibility the protection to which they are entitled, must subject to the assent of the Party to the conflict
under whose power they are, take the necessary measures to render their painting and distinctive emblems
sufficiently apparent.
Hospital ships which, in accordance with Article 31 are provisionally detained by the enemy, must
haul down the flag of the Party to the conflict in whose service they are or whose direction they
have accepted.
Coastal lifeboats, if they continue to operate with consent of the Occupying Power from a base which
is occupied, may be allowed, when a away from their base, to continue to fly their own national colors
along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to
the conflict concerned.
All the provisions in this Article relating to the red cross shall apply equally to the other emblems
mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the
most modern methods available to facilitate the identification of hospital ships.
Article 44
Limitation in the use of markings.—The distinguishing signs referred to in Article 43 can only be
used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as
may be provided in any other International Convention or by agreement between all the Parties to the
conflict concerned.
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Article 45
Prevention of misuse.—The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the
distinctive signs provided for under Article 43.
CHAPTER VII
EXECUTION OF THE CONVENTION
Article 46
Detailed execution. Unforeseen cases.—Each Party to the conflict, acting through its
Commanders-in-Chief shall ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present Convention.
Article 47
Prohibition of reprisals.—Reprisals against the wounded, sick and shipwrecked persons, the
personnel, the vessels or the equipment protected by the Convention are prohibited.
Article 48
Dissemination of the Convention.—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.
Article 49
Translations. Rules of application.—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.
CHAPTER VIII
REPRESSION OF ABUSES AND INFRACTIONS
Article 50
Penal sanctions. I. General observations.—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.
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.
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.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence,
which shall not be less favorable 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.
Article 51
II. Gravebreaches.—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.
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Article 52
III. Responsibilities of the Contracting Parties.—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.
Article 53
Enquiry procedure.—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.
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.
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.
FINAL PROVISIONS
Article 54
Languages.—The present Convention is established in English and in French. Both texts are equally
authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the
Russian and Spanish languages.
Article 55
Signature.—The present Convention, which bears the date of this day, is open to signature until
February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the
Xth Hague Convention of October 18, 1907, for the adaptation to Maritime warfare of the principles of
the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the
Wounded and Sick in Armies in the Field.
Article 56
Ratification.—The present Convention shall be ratified as soon as possible and the ratifications shall
be deposited at Berne.
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 Convetion
has been signed, or whose accession has been notified.
Article 57
Coming into force.—The present Convention shall come into force six months after not less than
two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the
instruments of ratification.
Article 58
Relation to the 1907 Convention.—The present Convention replaces the Xth Hague Convention of
October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva convention of
1906, in relations between the High Contracting Parties.
Article 59
Accession.—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.
Article 60
Notification of accessions.—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.
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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.
Article 61
Immediate effect.—The situations provided for in Article 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.
Article 62
Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
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.
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 release and repatriation of the persons protected by the present
Convention have been terminated.
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 fulfill 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.
Article 63
Registration with the United Nations.—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.
In witness whereof the undersigned, having deposited their respective full powers, have signed the
present Convention.
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.
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