Geneva Convention (III)

 

ARTICLE 127

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 all their
armed forces and to the entire population.

Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the text of
the Convention and be specially instructed as to its provisions.

ARTICLE 128

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.

ARTICLE 129

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 favourable than those
provided by Article 105 and those following of the present Convention.

ARTICLE 130

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, compelling a prisoner of
war to serve in the forces of the hostile Power, or wilfully depriving a
prisoner of war of the rights of fair and regular trial prescribed in
this Convention.

ARTICLE 131

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 132

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.

SECTION II

FINAL PROVISIONS

ARTICLE 133

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 134

The present Convention replaces the Convention of July 27, 1929, in
relations between the High Contracting Parties.

ARTICLE 135

In the relations between the Powers which are bound by the Hague
Convention respecting the Laws and Customs of War on Land, whether that
of July 29, 1899, or that of October 18, 1907, and which are parties to
the present Convention, this last Convention shall be complementary to
Chapter II of the Regulations annexed to th above-mentioned Conventions
of the Hague.

ARTICLE 136

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 Convention of July 27, 1929.

ARTICLE 137

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 Convention
has been signed, or whose accession has been notified.

ARTICLE 138

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 instrument of ratification.

ARTICLE 139

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 140

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.

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.

 

Author: international