The Geneva Conventions for the Protection of Victims of War are international multilateral agreements on the laws and customs of war aimed at protecting the victims of armed conflicts. They were signed on August 12, 1949 at the United Nations Diplomatic Conference, which met in Geneva from April 21 to August 12, 1949. Entered into force on October 21, 1950.

The Geneva Conventions include four universal international treaties:

1) Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field- obliges its participants to gather on the battlefield and provide assistance to the wounded and sick of the enemy, and any discrimination against the wounded and sick on the grounds of gender, race, nationality, political opinion or religion is prohibited. All the wounded and sick who fell into the power of the enemy must be registered, and their data reported to the state on whose side they fought. Medical establishments, medical personnel and transport for the transport of the wounded, sick and medical equipment shall be protected and attack is prohibited.

2) Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea - establishes rules for the treatment of the sick and wounded in naval warfare, similar to those provided for by the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

3) Convention on the Treatment of Prisoners of War- Establishes rules to be followed by belligerents in the treatment of prisoners of war.

4) Convention for the Protection of Civilian Persons in Time of War- provides for humane treatment of the population located in the occupied territory and protects their rights.

On June 8, 1977, two Additional Protocols were adopted to the Geneva Conventions under the auspices of the International Committee of the Red Cross: Protocol I relating to the protection of victims of international armed conflicts, and Protocol II relating to the protection of victims of non-international armed conflicts.

On December 8, 2005, the Geneva Convention was adopted Additional Protocol III on the introduction of a distinctive emblem in addition to the Red Cross and Red Crescent.

The Geneva Conventions are a development of international legal norms on the protection of victims of war, previously enshrined in the Hague Conventions of 1899 and 1907. and conventions signed at Geneva in 1864, 1906 and 1929.

The Geneva Conventions enshrined the basic principle of modern international law: wars are waged against the armed forces of the enemy; military operations against the civilian population, sick, wounded, prisoners of war, etc. prohibited.

The Geneva Conventions apply in the event of a declared war or any armed conflict, even if one of the belligerents does not recognize the state of war, and in the event of an occupation of a territory, even if that occupation meets with no armed resistance. The parties to the Geneva Conventions are obliged to comply with their provisions, if the opposing party does not participate in the Geneva Conventions, but will also comply with them in their actions. The provisions of the Geneva Conventions are also binding on neutral countries.

The Geneva Conventions provide for the obligation of member countries to seek out and punish persons who have committed or ordered to commit acts that violate the provisions of these conventions. Such persons are subject to the court of the country in whose territory they committed the crimes, or the court of any country party to the Geneva Conventions, if it has evidence of their guilt.

A serious violation of the Geneva Conventions is the intentional killing of the wounded, sick, prisoners of war and the civilian population, torture and inhuman treatment of them, including biological experiments, damage to health, forcing prisoners of war to serve in the enemy army, taking hostages, serious destruction of property not caused by military necessity and etc. Persons guilty of serious violations of the Geneva Conventions are treated as war criminals and should be prosecuted.

The Geneva Conventions provide for procedures for investigating allegations of violations and oblige parties to enact laws providing for effective criminal punishment of perpetrators.

More than 190 states, that is, almost all countries of the world, have joined the Geneva Conventions. The Geneva Conventions for the Protection of War Victims were signed on behalf of Ukraine on December 12, 1949 (ratified on July 3, 1954), additional protocols on December 12, 1977 (ratified on August 18, 1989).

The most important provisions for the protection of civilians:

It is forbidden to use weapons against civilians;

any acts of terror, including the taking of hostages, are prohibited;

It is forbidden to use civilians as human shields;

· It is forbidden to use starvation among the civilian population as a method of warfare;

It is forbidden to involve civilians in forced labor in favor of the occupying army;

· it is forbidden to resettle civilians on the territory of the occupying country, on the territory of other countries.

The most important provisions for the protection of non-military objects:

· it is forbidden to attack medical institutions and vehicles (stationary and mobile hospitals, hospitals, infirmaries, ambulances, trains, ships, planes); during the war, all these objects must have special designations: red cross, red crescent, red crystal;

· it is forbidden to attack objects and vehicles of civil defense (indicated by the international sign of civil defense);

It is prohibited to attack objects of life support of the population;

· it is forbidden to attack objects that have historical and cultural value (including all places of worship, regardless of religion and confession);

· it is forbidden to attack objects and installations containing dangerous forces, the destruction of which can lead to an ecological catastrophe - nuclear power plants, dams of large reservoirs, large chemical enterprises, warehouses of highly toxic substances, etc. (marked with a special sign).

Literature

1. Law of Ukraine "On the Civil Defense of Ukraine": Decree of the Supreme Council for the sake of Ukraine No. 2974-ХІІ dated February 3, 1993.

2. About the approval of the Regulations on the Civil Defense of Ukraine: Decree to the Cabinet of Ministers of Ukraine No. 299 dated January 10, 1994.

3. About the single sovereign system of defense and response to supra-divine situations of man-caused and natural character: Decree to the Cabinet of Ministers of Ukraine No. 1198 dated April 3, 1998.

4. The Law of Ukraine "On the defense of the population and territories in the supremacy of situations of man-made and natural character": Decree of the Supreme Council for the sake of Ukraine No. 1809-ІІІ dated December 8, 2000.

5. Law of Ukraine "On the legal ambush of a civilian zakhist": Decree of the Supreme Council for the sake of Ukraine No. 1859-VІ dated March 24, 2004.

6. Code of civil defense of Ukraine: Decree of the Supreme Council for the sake of Ukraine No. 5403-VI dated July 2, 2012.

7. About the approval of the Regulations on the single state system of civil defense: Decree to the Cabinet of Ministers of Ukraine No. 11 dated September 9, 2014.

8. Concerning the confirmation of the Classification signs of epidemiological situations: Order of the Ministry of Supervisory Situations of Ukraine No. 1400 dated December 12, 2012.

9. About the ratification of the Geneva Conventions on 12 September 1949 about the defense of the victims of the war: Decree of the Presidium of the Supreme Council for the sake of the Ukrainian RSR on 3 September 1954.

0 Protocol II): Decree of the Presidium of the Verkhovna Rada of Ukraine No. 7960-XI dated 18 April 1989.

11. Law of Ukraine "On the protection of Ukraine until the Geneva Conventions on the defense of the victims of war on 12 April 1949": Decree of the Supreme Council for the sake of Ukraine No. 3413-IV on 8 February 2006.

The Geneva Convention concerning the Treatment of Prisoners of War, otherwise known as the Geneva Convention of 1929, was signed in Geneva on July 27, 1929. Its official common name is the Convention on the Treatment of Prisoners of War. Entered into force June 19, 1931. It is this part of the Geneva Conventions that regulates the treatment of prisoners of war during. It was the predecessor of the Third Geneva Convention, signed in 1949.

PRISONER OF WAR CONVENTION

SECTION I General Provisions

Article one

This Convention, without prejudice to the provisions of Section VII, shall apply:

1. For all persons listed in Art. 1, 2 and 3 of the provisions annexed to the Hague Convention on the Laws and Customs of War on Land of October 18, 1907 and on those taken prisoner by the enemy.

2. On all persons belonging to the armed forces of the belligerents and taken prisoner by the enemy during naval and air operations, excluding deviations inevitable in the conditions of this capture. However, these derogations must not violate the main points of this convention. They must be eliminated from the moment the prisoners are taken to the POW camp.

Article two

Prisoners of war are in the power of the enemy power, but by no means of a separate military unit that has taken them prisoner. They must be constantly treated humanely, especially protected from violence, insults and the curiosity of the crowd.

Measures of repression against them are prohibited.

Article Three

Prisoners of war are entitled to respect for their person and honour. Women enjoy the right to be treated in all respects for their sex. Prisoners retain their full civil legal capacity.

Article Four

The power that has taken prisoners of war is obliged to take care of their maintenance.

Differences in the content of prisoners of war are allowed only in those cases if they are based on the difference in their military ranks, the state of physical and mental health, professional abilities, and also on the difference in sex.

CHAPTER II About capture

Article Five

Every prisoner of war is obliged to state, if asked, his real name and rank or service number.

In the event of a violation of this rule, a prisoner of war is deprived of the benefits assigned to prisoners of his category.

Prisoners may not be subjected to any coercion to obtain information relating to the position of their armies or country.

Prisoners who refused to give such answers should not be influenced either by threats or insults, or subjected to penalties in any form.

If, due to his physical condition or the state of his mental abilities, the prisoner is not able to give information about his personality, he is entrusted to medical care.

Article six

In addition to weapons, horses, military equipment and military papers, all things and personal items remain in the possession of prisoners of war, as well as metal helmets and gas masks.

The sums of money held by the prisoners can be taken away by order of the officer after their calculation, exact determination, and a receipt is issued for accepting the money. The amounts selected in this way should be transferred to the personal account of each prisoner.

Identity documents, rank insignia, orders and valuable items cannot be taken away from prisoners.

CHAPTER III About the content in captivity

Division I

Article seven

Prisoners of war, as soon as possible after their capture, are evacuated from the war zone to sufficiently remote points of the country, where they could stay in complete safety.

In the danger zone, only those prisoners may be temporarily detained who, due to injuries or illnesses, are at greater risk when evacuated than when left in place.

March evacuation of prisoners should be carried out in normal stages of 20 km per day. These stages can only be extended if necessary to reach nutritional and drinking points.

Article eight

The belligerents are obliged to inform each other as soon as possible about all prisoners through the information bureaus organized on the basis of Art. 77. They are also obliged to communicate to each other the official addresses to which the families of prisoners of war could send their correspondence.

As soon as possible, measures must be taken to ensure that each prisoner can correspond personally with his family in accordance with Art. 36 and following.

With regard to prisoners at sea, the provisions of this article shall take effect as soon as possible after arrival at the port.

Division II POW Camps

Article nine

Prisoners of war may be interned in a city, fortress, or any locality under the obligation not to retire beyond a certain line. In the same way, they can be imprisoned and kept under guard, but only as far as the requirements of safety or hygiene, and only until the termination of the circumstance that caused these measures.

Prisoners captured in unhealthy localities or whose climate is detrimental to the inhabitants of the temperate zone are evacuated at the first opportunity to more favorable climatic conditions.

The belligerents, as far as possible, avoid joining people of different races and nationalities in one camp.

None of the prisoners may for any time be settled in the area where he would be exposed to fire from the battle zone; likewise, the presence of prisoners cannot be used as a defense of any points or localities from enemy fire.

CHAPTER I About camp premises

Article Ten

Prisoners of war are placed in buildings or barracks, which offer every possible guarantee of hygiene and health. Premises should be completely protected from moisture, sufficiently heated and lit. Fire precautions must be taken.

With regard to bedrooms: the total area, the minimum cubic capacity of a bed and their equipment should be the same as in the military units of the power that contains the prisoners.

Chapter II Food and clothing for prisoners of war

Article Eleven

The food rations of prisoners of war must be equal in quality and quantity to the rations of troops in the barracks.

The prisoners are also given the opportunity to cook for themselves the additional food at their disposal.

Drinking water must be supplied in sufficient quantity, tobacco smoking is allowed. Prisoners can be used in kitchen work.

All (collective) disciplinary action should not be related to food.

Article Twelve

Clothes, shoes and underwear are delivered by the power containing the prisoners. Regular change and repair of these things should be provided. In addition, prisoner workers should be provided with protective clothing wherever the natural conditions of work require it.

In all camps, shops should be set up in which prisoners can purchase food and household items at local trade prices.

The profits from these shops should be used by the camp administration to improve the life of the prisoners.

Chapter III Hygiene in camps

Article thirteen

The belligerents are obliged to take all necessary hygiene measures to ensure cleanliness and health in the camps and to prevent the outbreak of epidemics.

Prisoners of war shall have at their disposal, day and night, rooms that meet the requirements of hygiene and are kept clean.

In addition, in addition to baths and showers, which are provided as far as possible in each camp, sufficient water should be provided to prisoners to keep their bodies clean.

They are given the opportunity to do gymnastic exercises and enjoy the fresh air.

Article fourteen

Each camp has an infirmary in which prisoners of war are served in all necessary cases. All contagious patients are provided with isolation rooms. The costs of treatment, including temporary prosthetics, are borne by the state containing the prisoners.

The belligerents are obliged, at the request of the prisoner, to give him an official explanation of the nature and duration of his disease, as well as the measures taken against this disease.

It is granted to the belligerents by special agreements to allow each other to keep doctors and orderlies in the camps to serve their captive compatriots.

Prisoners who are seriously ill or whose condition requires the necessary and, moreover, significant surgical intervention, should be placed at the expense of the power containing the prisoners in all kinds of military and civilian institutions suitable for this.

Article fifteen

Medical examinations of prisoners of war must be carried out at least once a month. They check the general state of health and cleanliness and look for signs of contagious diseases, especially tuberculosis and venereal diseases.

Chapter IV Mental and Moral Needs of Prisoners of War

Article Sixteen

Prisoners of war are given complete freedom of religious worship and are allowed to attend worship services, provided that they do not violate the rules of order and public silence prescribed by the military authorities.

A prisoner of war - a clergyman, whatever he may be, can perform his duties among fellow believers.

Article Seventeen

The belligerents encourage, as far as possible, mental and sports entertainment organized by prisoners of war.

Chapter V - Internal discipline in the camp

Article eighteen

Each POW camp is subject to the authority of a responsible officer.

Prisoners of war, in addition to expressing external respect according to the national rules in force in their armies, are obliged to salute all the officers of the power that took them prisoner.

Captured officers are required to salute only officers of higher or equal rank in that power.

Article nineteen

Wearing badges, ranks and distinctions is permitted.

Article Twenty

Rules, orders, notifications and announcements of every kind are announced to the prisoners in a language they understand. The same principle applies to interrogations.

Chapter VI Special Provisions on Officers and Persons Equivalent to Them

Article twenty-one

From the very beginning of hostilities, the belligerents are obliged to communicate to each other the ranks and ranks adopted in their armies, in order to ensure equal treatment between officers of equal rank and equivalent officers.

Article twenty-two

In order to provide service in the camps for prisoners of war officers, prisoners of war soldiers of the same army are allocated in sufficient numbers according to the ranks of officers and equated to them, if possible speaking the same language.

The latter will purchase food and clothing for themselves with a salary that will be paid to them by the power that maintains the prisoners. All possible assistance should be rendered to the independent disposal of officers with their allowances.

Chapter VII Monetary Funds of Prisoners of War

Article twenty-three

Under the condition of a special agreement between the belligerent powers, namely, provided for in Art. 24 of this, officers and prisoners of war equated to them receive from the power containing prisoners the same salary that officers of the corresponding rank receive in its army, but this salary should not exceed the content to which prisoners of war would be entitled in the country in which they served. This salary is paid to them in full, if possible monthly, and also without any deductions for reimbursement of expenses that fall on the power containing the prisoners, even if the expenses went to them.

The agreement between the belligerents shall establish the amounts of these salaries applied to these payments; in the absence of such an agreement, the amount that existed at the time of hostilities shall apply.

All payments made by prisoners of war on account of their salaries must be reimbursed with the end of hostilities by the power in which they are in the service.

Article twenty-four

With the opening of hostilities, the belligerent powers must establish by mutual agreement the maximum amount that will be allowed to be kept for prisoners of war of various ranks and categories. All surplus taken from or withheld from a prisoner of war shall immediately be credited to his account and may not be converted into another currency without his permission to do so.

The remainder of the maintenance due on the accounts is paid to the prisoners of war at the end of captivity.

During their stay in captivity, prisoners of war are given the preferential opportunity to transfer these amounts in whole or in part to banks or private individuals in their home country.

Chapter VIII Concerning the Transportation of Prisoners of War

Article twenty-five

Unless the course of military operations requires it, the sick and wounded are not moved, as their recovery might be impaired by travel.

Article twenty-six

In case of transfer, prisoners of war shall be notified in advance of their new assignment. They should be allowed to take with them personal belongings, correspondence and clothing parcels arriving at their address.

All due arrangements must be made so that correspondence and duffel parcels addressed to the old prisoner-of-war camp are forwarded to the new address without delay.

Sums deposited in the accounts of displaced prisoners of war must be handed over to the competent authority at the place of new residence.

All costs of movement are borne by the power containing the prisoners.

Section IV On the labor of prisoners of war

Chapter I General Provisions

Article twenty-seven

The belligerents may use healthy prisoners of war in accordance with their position and profession, excluding, however, officers and persons equivalent to them. However, if the officers and those equated with them wish to engage in work suitable for them, such work will be provided to them as far as possible.

Captured non-commissioned officers can only be involved in the work of supervising the work, unless they themselves declare a demand for the provision of paid work for them.

During the entire period of captivity, the belligerents are obliged to extend to prisoners of war who have become victims of accidents at work, the laws in force in the given country-power on the labor of the corresponding categories of victims. With regard to those of the prisoners of war to whom the aforementioned norms of laws cannot be applied within the meaning of the legislation of the given power containing prisoners, the latter undertakes to submit for approval by its legislative bodies a draft of its own measures for the fair remuneration of the victims.

Chapter II Organization of labor

Article twenty-eight

The Powers in whose power the prisoners are held assume full responsibility for the maintenance, care, treatment and payment of salaries to prisoners of war working at the expense of private individuals.

Article twenty-nine

No prisoner of war may be used for work for which he is physically incapable.

Article Thirty

The length of the working day, including the time for going to work and returning home, should not be excessive and in no case may exceed the norms established for the work of civilian workers in the same area.

Each prisoner is given a weekly uninterrupted twenty-four hour rest, preferably on Sunday.

Chapter III - Prohibited Labor

Article thirty-one

Work performed by prisoners of war must not have any relation to military operations. In particular, it is forbidden to use prisoners for the manufacture and transportation of weapons or for the construction of any kind of fortifications; the same prohibition applies to materials intended for fighting units.

In case of violation of the above provisions, prisoners of war are free, after executing the order and without starting to execute it, to file their protest through authorized persons, whose functions are provided for in Art. 43 and 44 of this, or, in the absence of an authorized representative, through the representative of the Protecting Power.

Article thirty-two

It is forbidden to use prisoners for work that threatens health or is dangerous. All disciplinary violations of the working conditions are prohibited.

Chapter IV Workers' squads

Article thirty-three

The regime of the work squads should be similar to that of prisoner-of-war camps, in particular with regard to the conditions of hygiene, food, assistance in case of accident or care in case of illness, correspondence, receipt of parcels.

Each labor squad belongs to a prisoner of war camp. The commandant of the camp is responsible for the observance of the provisions of this convention in the squads.

Chapter V - Wages

Article thirty-four

Prisoners of war do not receive remuneration for work related to the management, organization and maintenance of camps.

Prisoners of war used in other jobs are entitled to remuneration established by agreements between the belligerents.

These agreements are to establish the amount that will belong to the prisoner of war, the procedure for placing it at his disposal during his stay in captivity, and likewise the share that the camp administration will have the right to retain.

Until the conclusion of the above agreements, remuneration of prisoners of war for work is determined on the following grounds:

a) works used for the state are paid according to the military tariff for payment of these works in force in the national army or, if there is none, then according to the tariff corresponding to the work performed;

b) if the work is carried out at the expense of other state institutions or private individuals, the conditions are established by agreement with the military authorities.

The remuneration remaining on the credit of the prisoner of war is paid to him after the end of captivity. In the event of death, it is transferred through diplomatic channels to the heirs of the deceased.

Section IV Relations of prisoners of war with foreign countries

Article thirty-five

With the outbreak of hostilities, the belligerents shall publish the procedure for the implementation of the provisions of this section.

Article thirty-six

Each belligerent must periodically establish a rate of closed and open mail, which prisoners of war of different categories are entitled to send monthly, and this rate is communicated to the other belligerent. These letters and postcards follow the shortest postal route. They may not be delayed in departure, nor delayed for reasons of discipline.

Within a maximum of a week from the moment of arrival at the camp, and in the same way, in the event of illness, each prisoner has the right to send an open letter to his family about his captivity and state of health. These emails are forwarded as quickly as possible and in no case can be slowed down.

As a general rule, prisoners' correspondence is written in their native language. The belligerents may allow correspondence in other languages.

Article thirty-seven

Prisoners of war are allowed to receive individual parcels with food and other items intended for their food and clothing. Parcels will be transferred to the recipient against receipt.

Article thirty-eight

Letters and money orders or money transfers, as well as postal parcels intended for prisoners of war or sent directly or through an information office, provided for in Art. 77, are exempt from all postal fees, both in the countries of origin, and in the countries of destination and in transit.

Gifts of assistance in kind to prisoners of war are also exempt from importation laws and from freight rates on government railways.

Prisoners, in case of recognized need, can send telegrams with payment of the usual tariff.

Article thirty-nine

Prisoners have the right to receive books in individual parcels, which may be subject to censorship.

Representatives of the Protecting Powers, as well as Relief Societies, duly recognized and authorized, may send literary works and collections of books to the libraries of prisoner-of-war camps. The transmission of these items cannot be delayed under the pretext of censorship difficulties.

Article forty

Correspondence must be censored as soon as possible. In addition, the control of postal parcels should be carried out for the express purpose of ascertaining the safety of the provisions that they may contain, and, if possible, in the presence of the addressee or a person duly authorized by him.

All postal bans issued by belligerents for military or political reasons must be temporary for the shortest possible time.

Article forty-one

The belligerents shall ensure in every possible way the facilitation of the transmission of acts and documents intended for prisoners of war or signed by them, in particular powers of attorney or wills.

The belligerents, in case of need, will take the necessary measures to certify the legitimacy of the signatures made by the prisoners.

Section V Relations of prisoners of war with the authorities

Chapter I Complaints of prisoners of war against the regime of detention in captivity

Article forty-two

Prisoners of war have the right to submit to the military authorities in whose jurisdiction they are, their complaints about the regime of detention to which they are subjected.

In the same way, they have the right to apply to representatives of the protecting powers with an indication of the points regarding the regime of captivity, on which they bring complaints.

These statements and protests must be transmitted without delay.

Even if they are found to be unreasonable, they cannot in any way serve as a basis for punishment.

Chapter II Representatives of prisoners of war

Article forty-three

In all places where prisoners of war will be located, the latter have the right to designate trusted persons authorized to represent their interests before the military authorities and protecting powers.

This designation is subject to the approval of the military authorities. Trustees are authorized to receive and distribute collective parcels.

In the same way, if the prisoners decide to organize mutual assistance, this organization falls within the competence of trusted persons. On the other hand, the same persons may render their services to the prisoners in order to facilitate relations with the aid societies referred to in Art. 78.

In the camps of officers and those equated to them, the oldest and highest-ranking officer is recognized as an intermediary between the camp authorities and officers equated to them. For this purpose, he has the right to appoint one of the captured officers to help as an interpreter in meetings with the camp authorities.

Article forty-four

If proxies are used at work, then their activity in representing prisoners of war is counted in the period of compulsory work.

Trusted persons will have every relief in correspondence with military camps and the protecting power. This correspondence is not limited by the norm. Persons representing prisoners of war may only be moved if they are given sufficient time to bring their successors up to date on current affairs.

Chapter III Penal Sanctions for Prisoners of War

1. General Provisions

Article forty-five

Prisoners of war are subject to the laws, regulations and orders in force in the army of the holding power.

All acts of disobedience call upon them to take the measures provided for by these laws, rules and orders. However, the provisions of this chapter remain in force.

Article forty-six

The military authorities and the court of the state holding prisoners of war may not impose on them any penalties other than those prescribed for the same acts committed by members of the national forces.

With the same rank, officers, non-commissioned officers and soldiers, prisoners of war, falling under disciplinary punishment, cannot be subjected to a worse content than those provided for the same punished in the armies of the state of captivity.

All corporal punishment, imprisonment in a punishment cell deprived of daylight, and in general any manifestations of cruelty are prohibited.

Similarly, group punishments for individual acts are prohibited.

Article forty-seven

Acts against discipline and especially attempts to escape are subject to immediate proof. Provisional arrest of prisoners of war, rank or not, is reduced to a strict minimum. The trial of prisoners of war must be conducted with as much speed as the circumstances of the case permit.

The preliminary conclusion should be as short as possible.

In all cases, the period of pre-trial detention shall be reduced by the punishment imposed by disciplinary or judicial procedure, as far as it is allowed for national employees.

Article forty-eight

Prisoners of war, after serving their judicial or disciplinary punishments, must be kept in the same way as other prisoners.

However, prisoners punished for attempting to escape may be subjected to special supervision, which, in any case, cannot eliminate any of the guarantees conferred on prisoners by this Convention.

Article forty-nine

Not a single prisoner of war can be deprived of his rank by the state that captured him. Prisoners subjected to disciplinary action cannot be deprived of the privileges assigned to their rank. In particular, officers and those equivalent to them, being subjected to punishments entailing deprivation of liberty, cannot be imprisoned together with serving non-commissioned officers and privates.

Article fiftieth

Prisoners of war who have escaped and been captured before joining their army or in territory occupied by the troops who captured them, are subject only to disciplinary sanctions.

Prisoners captured after they have managed to join their army or leave the territory occupied by the troops of the power that captured them, are recognized as prisoners again and are not subject to any penalty for the previous escape.

Article fifty-one

An attempt to escape, even of a recidivist nature, cannot be considered as an aggravating circumstance in cases where a prisoner of war is being tried for a crime or offense against person or property committed by him in connection with an attempt to escape.

After an attempt to escape or an escape, the comrades of the fugitive who contribute to the escape are only subject to disciplinary punishment.

Article fifty-two

The belligerents shall see to it that the competent authorities approach with the greatest indulgence the question of what punishment, disciplinary or judicial, a prisoner of war should be subject to for an offense he has committed.

In particular, this should be borne in mind when it comes to assessing acts associated with an escape or an attempt to escape.

For the same act and on the same charge, a prisoner can be punished only once.

Article fifty-three

No prisoner subjected to disciplinary punishment and under conditions for repatriation may be detained to serve his sentence.

Prisoners subject to repatriation, against whom a criminal investigation has been initiated, may be left to complete the judicial investigation and, if necessary, until the completion of their sentence; Prisoners who are already serving their sentence under a court sentence may be detained until the end of the period of imprisonment determined by them.

The belligerents provide lists of those who can be repatriated for the above reasons.

2. Disciplinary punishments

Article fifty-four

Arrest is the most severe disciplinary punishment inflicted on prisoners of war.

The duration of one punishment may not exceed thirty days and may not be increased in the event of a concurrence of several acts for which the prisoner must be held accountable in a disciplinary manner while establishing them, regardless of whether these acts have a connection or not.

If at the time of arrest or at the end of such a prisoner is subjected to a new disciplinary punishment, then at least three days must separate one period of arrest from another, until one of these periods reaches ten days.

Article fifty-five

Under the condition that the last paragraph of Art. II as an aggravating measure of punishment applicable to prisoners of war subjected to disciplinary punishment, food restrictions adopted in the army of the state holding the prisoner. However, restriction in food cannot take place if the state of health of the prisoner of war does not allow it.

Article fifty-six

Under no circumstances may prisoners of war be placed in penitentiary premises (prisons, penitentiaries, prison camps, etc.) to serve disciplinary punishments.

Places where prisoners of war serve disciplinary punishments must meet the requirements of hygiene. Punished prisoners must be kept clean.

Every day, these prisoners should have the opportunity to do gymnastics and walk in the air for at least two hours.

Article fifty-seven

Disciplined prisoners have the right to read and write, and to send and receive correspondence.

However, parcels and money orders may not be delivered to the addressees until the sentence has been served. If the undistributed parcels contain spoiled foodstuffs, they are used for the needs of the infirmary or for the needs of the camp.

Article fifty-eight

Prisoners of war serving disciplinary sentences may demand that they be taken to daily medical appointments. With regard to them, in necessary cases, doctors take the necessary measures, and in emergency cases they are evacuated to camp infirmaries or hospitals.

Article fifty-nine

Except for the competent courts and the higher military authorities, disciplinary sanctions may only be imposed by an officer vested with disciplinary power as a commandant of a camp or detachment, or by a responsible officer who replaces him.

3. Litigation

Article Sixty

When opening a judicial investigation against prisoners of war, the power of captivity, as soon as the opportunity presents itself (but in any case before the day of the trial of the case), notifies the representative of the protecting power.

This notice must contain the following information:

a) civil status and rank of the prisoner;

b) place of stay or imprisonment;

c) a detailed designation of the offense or the nature of the charge with a statement of the laws to be applied.

If it is not possible to indicate in the notice the court to which the case is subject, the date of the trial and the premises where it will take place, then this information must be delivered to the representative of the Protecting Power additionally and in any case three weeks before the opening of the proceedings.

Article sixty-one

No prisoner of war can be convicted without being given the opportunity to defend himself. No prisoner of war may be compelled to plead guilty to the act of which he is accused.

Article sixty-two

Prisoners of war have the right to be assisted by a qualified defense attorney of their choice and, if necessary, to have recourse to the assistance of a competent interpreter. They shall be notified of this right of theirs well in advance of the opening of the trial by the power of captivity.

If the prisoner has not chosen his defenders, one may be invited by the protecting power. The Power of Captivity shall communicate to the Protecting Power, at its request, a list of qualified persons who may represent the defence.

Representatives of the Protecting Power shall have the right to be present at the hearing of the case.

The only exception to this rule is when the trial of a case must take place behind closed doors for the sake of secrecy and in the interests of national security. The power of captivity warns the protecting power about this.

Article sixty-three

Prisoners of war shall be sentenced by the same judges and in the same manner as are prescribed for persons belonging to the army of the power containing the prisoners.

Article sixty-four

Every prisoner of war has the right to appeal against any sentence passed against him in the same manner as is established for persons who belonged to the military forces of the power of captivity.

Article sixty-five

Sentences pronounced against prisoners are immediately communicated to the Protecting Power.

Article sixty-six

If a death sentence has been pronounced against a prisoner of war, then a message outlining the detailed elements of the crime, the circumstances of the act is immediately transmitted to the representative of the protecting power for transmission to the power in whose armies the convict served.

This sentence shall not be carried out until at least three months have elapsed from the date on which this communication was sent.

Article sixty-seven

No prisoner of war may be deprived of the benefits provided for in Art. 42 of this Convention, by virtue of a court sentence or for other reasons.

SECTION IV On the end of captivity

Section I On direct repatriation and on the hospitalization of asylums in neutral countries

Article sixty-eight

The belligerents are obliged to send prisoners of war to their country, regardless of the rank and number of seriously wounded and seriously ill, putting them in a position that allows transportation.

On the basis of agreements between themselves, the belligerents have the right to determine, as soon as possible, cases of disability and illness, entailing direct repatriation, as well as cases of hospitalization in neutral countries. Prior to the conclusion of the aforementioned agreements, the belligerents may be guided by the model agreement attached as a documentary part to this convention.

Article sixty-nine

With the opening of hostilities, the belligerents agree on the appointment of mixed medical commissions. These commissions must be composed of three members, of which two belong to the neutral state, and one to the power containing the prisoners. One of the doctors of the neutral side must represent in the commission.

These mixed medical commissions will examine the prisoners, the sick and the wounded, and take a proper decision regarding them.

Decisions of these commissions are made by majority vote and implemented as soon as possible.

Article Seventy

In addition to those appointed by the camp doctor, they are examined by the mixed medical commission referred to in Art. 69, in order to ascertain the possibility of direct repatriation or hospitalization in neutral countries and the following prisoners of war:

a) prisoners who make a claim directly to the camp doctor;

b) prisoners, about whom the authorized persons provided for in Art. 43, both on their personal initiative and at the request of the prisoners themselves;

c) prisoners for whom an offer is made by the power in whose army they served, or about whom a relief society duly recognized and authorized by the said power presents.

Article seventy-one

Prisoners of war who have been victims of accidents at work, excluding intentional self-mutilation, are subject to the benefits of the same provisions with respect to repatriation or hospitalization in neutral countries.

Article seventy-two

In protracted hostilities and for reasons of philanthropy, the belligerents may conclude agreements on direct repatriation and hospitalization in neutral countries for prisoners of war who are subjected to long-term captivity.

Article seventy-three

The costs of repatriating prisoners of war or transporting them to neutral countries fall on the power holding the prisoners, in part of the transportation to the border and in the rest - on the power in whose armies the prisoners served.

Article seventy-four

No repatriated person can be used as an active soldier.

Section II Release and repatriation at the end of hostilities

Article seventy-five

When the belligerents conclude a reconciliation, they undertake first of all to agree on the conditions concerning the repatriation of prisoners of war.

And if these conditions could not be included in this agreement, the belligerents should enter into relations as soon as possible on the indicated subject. In all cases, the repatriation of prisoners of war must be carried out as soon as possible after the conclusion of peace.

If criminal proceedings are instituted against prisoners of war for crimes or acts of a general civil nature, they may be detained until the end of the judicial-investigative procedure and, if necessary, until the completion of their sentence.

The same applies to those convicted of crimes or acts of a general civil nature.

With the consent of the belligerents, commissions may be set up to search for scattered prisoners and to secure their repatriation.

CHAPTER V On the death of prisoners of war

Article seventy-six

The wills of prisoners of war must be accepted and delivered under the conditions in force for members of the national army.

The same rules will apply equally to documents certifying death.

The belligerents see to it that prisoners of war who die in captivity are buried with honor and that the graves have all the necessary information, are honored and properly maintained.

SECTION VI Concerning Bureaus of Assistance and Obtaining Information Concerning Prisoners of War

Article seventy-seven

From the very beginning of hostilities, each of the belligerents, as well as the neutral powers that hosted the participants in the war, approve the official Bureau of information on prisoners who are on their territory.

In the shortest possible time, each belligerent power informs its Bureau of information about the captures carried out by its armies, informing it of all information in its possession that certifies the identity of the prisoners and makes it possible to immediately notify the interested families about them with a message of official addresses at which the families can communicate with the prisoners in writing.

The information bureaus must immediately bring these communications to the attention of the Powers concerned, partly through the intermediary of the Protecting Powers, and partly through the central agency provided for in Art. 79.

The information bureau, authorized to answer all questions concerning prisoners of war, receives from the various competent departments all information concerning internment and transfers, release.

on parole, repatriations, escapes, stays in hospitals, deaths, as well as other information necessary for the establishment and maintenance of individual cards for each prisoner of war.

The Bureau shall enter on this card, as far as possible and in accordance with the provisions of Art. 5: service number, surname and name, date and place of birth, rank, military unit where the wanted person served, the name of his father, the surname of his mother, the address of the person who must be informed in case of injury or an accident about the date and place of captivity, internment, injuries, deaths, and other relevant information.

Weekly lists with all new information capable of facilitating the establishment of the identity of each prisoner are transmitted to the interested powers.

The personal card of each prisoner of war, upon the conclusion of peace, is transferred to the power that was served by this Bureau.

The Information Bureau is also required to collect all items of personal use, valuables, correspondence, passbooks, identification cards, etc., left behind by prisoners of war who are repatriated, released on parole, fled or died, and transfer all of the above to interested parties. countries.

Article seventy-eight

Societies for the relief of prisoners of war, established in accordance with the laws of their country, and having the aim of mediating in matters of charity, receive from the belligerent powers for themselves and their agencies all preferential opportunities, within the limits of military necessity, for the exhaustive discharge of their duty of humanity. Delegates of these societies may be admitted to assist in the camps, just as in the stages of repatriated prisoners, by obtaining permission from the military authorities and agreeing in writing to obey all orders concerning the order and instructions of the police authorities.

Article seventy-nine

A Central Information Agency (Information Bureau) for prisoners of war will be established in a neutral country. The International Committee of the Red Cross proposes to the Powers concerned the organization of such an agency, if the said Powers deem it necessary.

The agency in question is empowered to collect all the information concerning the prisoners that it can obtain, either officially or privately. It must hand them over as soon as possible to the homeland of the prisoners or to the state they serve.

These provisions should not be interpreted as limiting the humanitarian activities of the Red Cross.

Article eightie

Information bureaus are exempt from postal fees as well as from all exemptions provided for in Art. 38.

SECTION VII On the Extension of the Convention to Certain Civil Categories

Article eighty-one

Persons following the army, but not directly included in it, such as, for example: correspondents, newspaper reporters, scribblers, suppliers, falling into the power of the enemy and being detained by him, have the right to be kept as prisoners of war if they are provided with identity cards from that same military command followed.

SECTION VIII Implementation of the Convention

SECTION I General Provisions

Article eighty-two

The provisions of this convention shall be observed by the high contracting parties in all circumstances.

If, in case of war, one of the belligerents turns out to be not participating in the convention, nevertheless, the provisions of such remain binding on all the belligerents who sign the convention.

Article eighty-three

The High Contracting Parties reserve the right to conclude special agreements on all questions relating to prisoners of war, if it is considered beneficial to regulate these questions in a special way.

Prisoners of war shall remain subject to the benefits of these agreements until the completion of repatriation, except in cases where the contrary conditions are expressly included in the above or later agreements, and likewise, unless a belligerent takes more favorable measures in respect of the prisoners it holds.

Article eighty-four

The text of this convention and of the special agreements provided for in the preceding article shall be posted as far as possible in the native language of the prisoners of war, in places where it can be read by all prisoners of war.

Prisoners who are in a position that does not allow them to familiarize themselves with the posted text, at their request, the text of these decisions should be communicated.

Article eighty-five

The High Contracting Parties, through the intermediary Federal Council of Switzerland, shall communicate to each other the official translations of this Convention, as well as the laws and regulations which they may submit to ensure the application of this Convention.

SECTION II On the organization of control

Article eighty-six

The High Contracting Parties recognize that the precise application of the present Convention is guaranteed by the possibility of cooperation between the Protecting Powers empowered to protect the interests of the belligerents; for this purpose, the Protecting Powers may, in addition to their diplomatic staff, appoint delegates from among their own subjects or from among the subjects of other neutral countries. These delegates are submitted for approval to the belligerent under which they carry out their mission.

Representatives of the Protecting Power, or delegates approved by it, shall be permitted to visit any and all places where prisoners of war are interned. They have access to all premises occupied by prisoners and, as a general rule, may communicate with them without witnesses, in person or with the assistance of an interpreter.

The belligerents shall facilitate the work of the representatives of the Protecting Power or its approved delegates by the broadest possible measures. The military authorities are notified of their visit.

The belligerents may agree on the admission of persons of the same nationality with prisoners to participate in verification trips.

Article eighty-seven

In the event of disagreement between the belligerents regarding the application of the provisions of this Convention, the Protecting Powers shall, as far as possible, offer their services to settle the dispute.

To this end, each of the Protecting Powers may propose to the belligerents concerned that they convene their representatives, presumably on a neutral territory chosen by agreement. The belligerents are obliged to put into motion the proposals that will be made to them in this direction. The Protecting Power may, if necessary, submit for the approval of the belligerent Powers a person belonging to one of the neutral Powers or delegated by the International Committee of the Red Cross, who will be entrusted to take part in this meeting.

Article eighty-eight

The foregoing regulations must not be an obstacle to the philanthropic activity of the International Red Cross, which it may develop for the protection of prisoners of war, with the consent of the belligerents concerned.

SECTION III Final Provisions

Article eighty-nine

In the relations between the Powers which are bound by the Hague Conventions of July 29, 1899, and of October 18, 1907, concerning the laws and customs of war on earth, which are parties to the present Convention (this latter supplementing Chapter II of the Charter annexed to the aforementioned Hague Conventions ).

Article ninety

The present convention may, from this date, until February 1, 1930, be signed on behalf of the countries represented at the conference which opened on July 1, 1929.

Article ninety-one

This convention must be ratified as soon as possible. The ratification is given in Bern.

On the return of each ratified act, a protocol is drawn up, a copy of which, duly certified, is transmitted by the allied Swiss Council to the governments of all countries in whose name the convention is signed or its acceptance is announced.

Article ninety-two

This Convention shall enter into force 6 months after the delivery of at least two instruments of ratification.

Thereafter, it shall enter into force for each High Contracting Party 6 months after the date of delivery of the instrument of ratification to it.

Article ninety-three

From the date of its entry into force, this Convention shall be open to the country in whose name it has not been signed.

Article ninety-four

Announcements of the adoption of the convention are announced to the Federal Swiss Council and enter into force 6 months from the date of their receipt by the council.

The Swiss Federal Council notifies the governments of those countries on behalf of which the convention was signed or its acceptance announced.

Article ninety-five

A state of war immediately brings into force the ratification and acceptance of conventions awarded to the belligerent powers before or after hostilities.

Notification of ratifications or acceptances received from Powers which are at war shall be effected by the Allied Swiss Council in the most expeditious manner.

Article ninety-six

Each of the High Contracting Parties shall have the right to declare renunciation of this convention. This refusal does not have its proper effect until one year after the written notification of this to the Swiss Union Council. The latter notifies all the contracting parties of the aforementioned refusal of the government.

Renunciation of a convention is only valid if the high contracting party notifies it in writing.

In addition, the said waiver is invalid in the event of a war in which the other power takes part. In this case, the present convention shall remain in force beyond the end of the one-year period until the conclusion of peace, and in any case until the completion of repatriation.

Article ninety-seven

A duly certified copy of this Convention shall be deposited in the archives of the League of Nations - by the Swiss Federal Council.

Likewise, acts of ratification, acceptance and renunciation of conventions communicated to the Swiss Federal Council are communicated to the latter to the League of Nations.

Given at Geneva on the twenty-seventh day of July, one thousand nine hundred and twenty-nine, in a single copy, which is deposited in the archives of the Swiss Union, and copies of which, duly certified, are handed over to the governments of all countries invited to the conference.

TSHIDK. F. 1/p, op. 21a, d. 47, l. 22-48. Copy.

1. Common Article 3 of the four Geneva Conventions of 12 August 1949(Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field; Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; Geneva Convention for the Treatment of Prisoners of War; Geneva Convention for the Protection of Civilian Persons in Time wars).

This article contains a list of rules that express the basic principles of humanity. In accordance with this article, in the event of an armed conflict not of an international character arising in the territory of one of the signatory States, each of the parties to the conflict will be obliged to apply, as a minimum, the following provisions:

Persons who have not taken a direct part in hostilities, including those members of the armed forces who have laid down their arms, as well as those who have ceased to take part in hostilities due to illness, injury, detention or any other reason, must in all circumstances be treated humanely without any discrimination based on race, colour, religion or creed, sex, origin or any other similar criteria.

For this purpose, the following actions are prohibited in relation to the above-mentioned persons: encroachment on life and physical integrity, in particular, all types of murder, mutilation, ill-treatment, torture and torture; hostage-taking, infringement of human dignity, in particular, insulting and degrading treatment; conviction and application of punishment without prior judicial decision rendered by a duly constituted court, in the presence of judicial guarantees recognized as necessary by civilized nations;

The wounded and sick must be picked up and assisted.

In addition, the parties to the conflict should endeavor, through special agreements, to give effect to all or part of the remaining provisions of the Geneva Conventions.

2. Second Additional Protocol to the Geneva Conventions of August 12, 1949,adopted June 8, 1977. This document contains rules regarding non-international conflicts, enshrines the prohibition of attacking the civilian population and the use of force against individual civilians, and has been ratified by most states.

3. Norms of customary law.Because the treaty law governing non-international armed conflicts is small in scope, there are unwritten rules that are important for limiting violence in armed conflicts. These rules restrict, first of all, the choice of means and methods of conducting armed operations.

4. Special agreements between the parties to the conflict.Parties involved in an intrastate armed conflict may conclude special agreements to be fully or partially governed by the provisions applicable in interstate conflicts.

International humanitarian law governing non-international armed conflicts is binding on all states.

Article 3 Geneva Conventionsit states that the application of its provisions does not affect the legal status of the parties to the conflict. Article 3 of Additional Protocol II expressly states that none of its provisions shall be construed as affecting the sovereignty of the State or the obligations of the government by all legal means to maintain or restore law and order in the State or to protect the national unity and territorial integrity of the State. Direct or indirect interference, for whatever reason, in an armed conflict or in the internal affairs of the State in whose territory the conflict is taking place cannot be justified.

The Russian Federation, as the legal successor of the USSR, is a party to almost all major international treaties relating to international humanitarian law. In particular, our state has ratified the Geneva Conventions of 1949, which provide protection to victims of armed conflicts, two Additional Protocols to them of 1977, the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, as well as a number of conventions that either prohibit certain types of weapons, or restrict the ways in which they can be used. Russia recognizes the supremacy of international law over domestic law and proclaims international treaties to be part of its internal law. Much is being done in our country to bring the norms of national legislation in line with the ratified international legal acts regulating armed conflicts.

The generally recognized principles and norms of international law are an element of the legal activities of the internal affairs bodies. Among the most important, from the point of view of the legal regulation of their activities, international treaties should be calledInternational Covenant on Civil and Political Rights of December 16, 1966; Convention for the Protection of Human Rights and Freedoms of November 4, 1950.

• Essence, meaning and principles of social protection
• Constitutional rights of employees of internal affairs bodies
• Protection of the rights of employees of internal affairs bodies
  • Guarantees and social protection mechanism for employees of internal affairs bodies
  • Appeal to the court of actions and decisions that violate the rights and freedoms of employees of internal affairs bodies
  • Realization of rights through complaints and applications to administrative bodies
  • State insurance. Compensation for harm to life, health, property damage and moral damage
  • Trade unions of employees of internal affairs bodies. Interaction with public organizations
• Features of protecting the rights of certain categories of employees of internal affairs bodies
  • Protection of the rights of employees of internal affairs bodies who have become disabled
    • "On the procedure for the organization and activities of federal state institutions of medical and social expertise"

Third Geneva Convention (1929)

Introduced a new provision, establishing that its conditions apply not only to citizens of countries that have ratified the convention, but to all people, regardless of their citizenship (not only to the military, but also to the civilian population).

The experience of the First World War and the practice of applying the 1906 Convention required certain clarifications and changes to be made more in line with the changed conditions of the war. Therefore, in the summer of 1929, a New Convention for the Amelioration of the Condition of the Wounded and Sick in Combat Operations was concluded. The 1929 convention had a similar title to that of 1906 and referred to both 1864 and 1906 in the introductory part. Geneva military wounded

The 1929 Convention has grown to 39 articles.

For the first time, a provision appeared in it that after each clash, if circumstances permit, a local truce or at least a temporary ceasefire should be declared in order to make it possible to carry out the wounded.

For the first time in this Convention, identification tokens are mentioned, which should consist of two halves. When a dead soldier is found, one half is left on the corpse, and the second must be transferred to the appropriate authorities in charge of personnel records. Moreover, in relation to the dead soldiers of the enemy, these halves must be transferred to the military authorities of the side to which the deceased belonged.

In contrast to the 1906 Convention, the new one limits the presence of armed persons in medical institutions to sentries or pickets. It is no longer allowed to have armed units. It is possible to store weapons and ammunition of the wounded and sick only temporarily until it becomes possible to hand them over to the appropriate services. But under the protection of the Convention now falls veterinary personnel located in a medical institution, even if he is not part of the latter.

Some measures of protection and patronage have been returned to the local residents, who, on their own initiative or at the call of the military authorities, take part in the collection and treatment of the wounded. The occupying authorities may also provide them with certain material resources for this purpose.

The 1929 Convention specifies who belongs to the personnel protected by the Convention and who, if they fall into the hands of the enemy, are not referred to as prisoners of war, but are returned to their troops. In addition to those who are engaged in the collection, transportation, treatment of the wounded, priests, administrative staff of medical institutions, soldiers of the combat troops, specially trained to provide first aid, soldiers used to carry and transport the wounded, have now come under the protection of the Convention. In our opinion, these are company and battalion medical instructors, orderlies, orderlies-drivers. Now, if they fell into the hands of the enemy at the moment when they were engaged in this business and had the appropriate identification cards in their hands, then they are also not taken prisoner, but treated like the personnel of medical institutions.

Convention allows them to be kept in the hands of the enemy only to perform the duties of caring for their wounded, and for the time required for this. Then these personnel, together with weapons, means of transport, equipment, are transported in a safe way to their troops.

In the 1929 Convention, the former meaning of the "red cross on a white background" emblem was retained. Those. this badge is the hallmark of the medical service of all armies. However, given that in non-Christian countries the cross is perceived not as a medical sign, but as a symbol of Christianity (i.e. a symbol of a hostile religion), the new Convention determined that instead of the red cross, a red crescent, red lion and sun.

The Convention also clarified that in order to recognize persons as belonging to personnel protected by the Convention, it is not enough that the person wears an identifying armband. He must also be provided by the military authorities of his army with an appropriate photo identification card, or at the very least, an entry in his soldier's record book. The identity documents of personnel protected by the Convention must be the same in all belligerent armies.

Unfortunately, the Convention itself did not offer a model for such a certificate, leaving this issue to the agreement of the belligerents. The Second World War will show that in modern conditions opponents cannot agree on anything during the war. Such certificates never appeared in any of the countries affected by the war. This gave a formal reason to take medical personnel prisoner along with all other soldiers and officers.

Adopted on 12 August 1949 by the Diplomatic Conference for the Drafting of International Conventions for the Protection of Victims of War, meeting at Geneva from 21 April to 12 August 1949

Section I. General Provisions

Article 1

The High Contracting Parties undertake to observe and enforce this Convention in all circumstances.

Article 2

Apart from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of a declared war or any other armed conflict arising between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply in all cases of occupation of all or part of the territory of a High Contracting Party, even if that occupation meets no armed resistance.

If one of the Powers in conflict is not a party to this Convention, the Powers participating therein shall nevertheless remain bound by it in their mutual relations. Moreover, they will be bound by the Convention in respect of the aforesaid Power, if the latter accepts and applies its provisions.

Article 3

In the event of an armed conflict not of an international character arising in the territory of one of the High Contracting Parties, each of the Parties to the conflict shall be bound to apply at least the following provisions:

1. Persons who do not directly take part in hostilities, including those members of the armed forces who have laid down their arms, as well as those who have ceased to take part in hostilities due to illness, injury, detention or for any other reason, must in all circumstances be treated humanely without any discrimination based on race, colour, religion or creed, sex, origin or property or any other similar criteria.

To this end, the following actions in relation to the above persons are prohibited and will always and everywhere be prohibited:

a) encroachment on life and physical integrity, in particular, all types of murder, mutilation, cruel treatment, torture and torment,

b) taking hostages,

c) infringement of human dignity, in particular, insulting and degrading treatment,

d(a) Conviction and application of punishment without prior judicial decision rendered by a duly constituted court, with judicial guarantees recognized as necessary by civilized nations.

2. The wounded and sick will be picked up and assisted.

An impartial humanitarian organization such as the International Committee of the Red Cross can offer its services to parties in conflict.

In addition, the Parties to the conflict shall endeavor, by means of special agreements, to give effect to all or part of the remaining provisions of this Convention.

The application of the foregoing provisions will not affect the legal status of the parties to the conflict.

Article 4

A. Prisoners of war, within the meaning of this Convention, are persons who have fallen into the power of the enemy and belong to one of the following categories:

1. Personnel of the armed forces of a party to the conflict, as well as personnel of the militia and volunteer detachments that are part of these armed forces.

2. Members of other militias and voluntary groups, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, if these militias and voluntary groups, including organized movements resistance, meet the following conditions:

a) are headed by a person responsible for their subordinates,

b) have a specific and clearly visible from a distance distinctive sign,

c) openly carry weapons,

d) observe in their actions the laws and customs of war.

3. Members of regular armed forces who consider themselves subordinate to a government or authority not recognized by the Detaining Power.

4. Persons who follow the armed forces but are not directly members of them, such as, for example, civilian members of the crews of military aircraft, war correspondents, suppliers, personnel of work teams or services entrusted with the welfare of the armed forces, provided that they have received permission to do so from the armed forces they accompany, for which purpose these latter must issue to them an identity document of the form attached.

5. Crew members of merchant marine ships, including captains, pilots and cabin boys, and civil aviation crews of parties to the conflict who do not enjoy more favorable treatment by virtue of any other provisions of international law.

6. The population of the unoccupied territory, which, at the approach of the enemy, spontaneously, on its own initiative, takes up arms to fight the invading troops, without having had time to form into regular troops, if they openly bear arms and observe the laws and customs of war.

B. The following persons shall be treated in the same way as prisoners of war in accordance with this Convention:

1. Persons belonging to or who have belonged to the armed forces of an occupied country, if the occupying power considers it necessary for reasons of their belonging to interne them, even if it first released them, while hostilities were taking place outside the territory it occupied, especially when these persons unsuccessfully tried to join the armed forces to which they belong and which take part in hostilities, or when they did not comply with a challenge made for the purpose of their internment.

2. Persons belonging to one of the categories enumerated in this Article who have been received on their territory by neutral or non-belligerent Powers and whom those Powers are to be interned in accordance with international law, unless they prefer to accord them more favorable treatment; however, these persons are not subject to the provisions of articles 8, 10, 15, paragraph five of article 30, articles 58-67, 92, 126, and in cases where diplomatic relations exist between the parties to the conflict and the neutral or non-belligerent power concerned , as well as the provisions of the Articles concerning the Protecting Powers. Where such diplomatic relations exist, the parties to the conflict on whom those persons are listed shall be permitted to exercise in respect of them the functions of Protecting Power provided for in this Convention, without prejudice to those functions which those parties normally exercise under the diplomatic and consular practice and treaties.

C. This article shall in no way affect the status of medical and religious personnel provided for in Article 33 of this Convention.

Article 5

This Convention shall apply to the persons referred to in Article 4 from the moment they fall into the hands of the enemy until their final release and repatriation.

In the event that, in respect of persons who have taken part in hostilities and have fallen into the hands of the enemy, there is doubt that they belong to one of the categories listed in Article 4, such persons shall enjoy the protection of this Convention as long as they the position will not be determined by the competent court.

Article 6

In addition to the agreements specifically provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties will be able to conclude other special agreements on any issue which they would deem it appropriate to deal with in particular. No special agreement shall prejudice the position of prisoners of war established by this Convention, nor limit the rights which it accords them.

Prisoners of war shall continue to enjoy the benefits of these agreements for as long as the Convention is applicable to them, unless other conditions are expressly included in the above or later agreements, and likewise unless more favorable conditions are granted to them by one or the other Party to the conflict.

Article 7

In no event shall prisoners of war be able to waive, in whole or in part, the rights afforded to them by this Convention and the special agreements provided for in the preceding article, if any.

Article 8

This Convention shall be applied with the assistance and under the control of the Protecting Powers entrusted with the protection of the interests of the parties to the conflict. To this end, the Protecting Powers will be able, in addition to their diplomatic or consular staff, to appoint delegates from among their own nationals or nationals of other neutral Powers. The appointment of these delegates must be subject to the consent of the power under which they will carry out their mission.

The Parties to the conflict will facilitate, to the maximum extent possible, the work of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall in no case exceed the scope of their mission as defined by this Convention; they must, in particular, take into account the pressing security needs of the State in which they exercise their functions.

Article 9

The provisions of this Convention shall not preclude humanitarian action which the International Committee of the Red Cross or any other impartial humanitarian organization may undertake to protect and assist prisoners of war, with the consent of the parties concerned to the conflict.

Article 10

The Contracting Parties may at any time enter into an agreement to entrust to some organization representing the full guarantee of impartiality and efficiency the duties imposed by this Convention on the Protecting Powers.

If prisoners of war are not, or have for any reason ceased to be, the activities of any Protecting Power or organization referred to in the first paragraph, the Power in whose possession the prisoners of war are located must request the neutral State or such organization to assume the functions carried out, in accordance with this Convention, by the Protecting Power designated by the Parties to the conflict.

If protection cannot be obtained in this manner, the Power in whose power the prisoners of war are held must apply to some humanitarian organization, such as. for example, the International Committee of the Red Cross, or, subject to the provisions of this article, accept an offer by such an organization to take over the humanitarian functions performed under this Convention by the Protecting Powers.

Any neutral Power, or any organization invited by the Power concerned, or offering itself for these purposes, must act with a sense of responsibility towards a Party to the conflict which has the protection of this Convention and give sufficient assurance that it is in be able to assume the relevant functions and perform them impartially.

The foregoing provisions may not be violated by special agreements between Powers when one of these Powers, even temporarily, is restricted in its ability to freely negotiate with another Power or its allies by virtue of the military situation, especially in cases where the whole or a significant part of the territory of this Power occupied.

Whenever a Protecting Power is mentioned in this Convention, that designation also means the organizations replacing it under this Article.

Article 11

The Protecting Powers, in all cases where they consider it beneficial to the interests of the protected persons, in particular in the event of a disagreement between the parties to the conflict concerning the application or interpretation of the provisions of this Convention, will use their good offices to settle the difference.

To this end, each of the Protecting Powers may, at the request of one of the Parties or on its own initiative, invite the Parties to the conflict to organize a meeting of their representatives, and in particular the authorities entrusted with the care of prisoners of war, possibly in a neutral, appropriately chosen territory. The parties to the conflict are obliged to give way to the proposals that will be made to them in this sense. The Protecting Powers may, if necessary, submit for the approval of the parties to the conflict a person belonging to a neutral Power or a person delegated by the International Committee of the Red Cross who will be invited to participate in this meeting.