Geneva Convention (I) 2

Geneva Convention (I)

 

Art. 13. The present Convention shall apply to the wounded and sick
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
militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for his
subordinates;
(b)that of having a fixed distinctive sign recognizable 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 recognized by the Detaining Power.
(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.
(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.
(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.

Art. 14. 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.

Art. 15. 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.

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.

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.

Art. 16. 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.
These records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal 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 12 August 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 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.

Art. 17. 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.

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.

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 .

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.

Art. 18. 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.

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.

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

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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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