SCHEDULE I (Sections 2, 11 and 13)
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED
AND SICK IN ARMED FORCES IN THE FIELD, OF AUGUST 12, 1949
Relevant Provisions
CHAPTER IX
REPRESSION OF ABUSES AND INFRACTIONS
ARTICLE 49
The High Contracting Parties
undertake to enact any legislation necessary to provide effective penal
sanctions for persons committing, or ordering the commission of 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 the commission of 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 Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
ARTICLE 50
Grave breaches to which the preceding Article relates shall be those involving
any of the following acts, if committed against persons or property protected by
the Convention ; wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
ARTICLE 51
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 52
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.
ARTICLE 53
The use by individuals,
societies, firms or companies either public or private, other than those
entitled thereto under the present Convention, of the emblem or the designation
"Red Cross" or "Geneva Cross", or any sign or designation constituting an
imitation thereof, whatever the object of such use, and irrespective of the date
of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of the reversed
Federal colours, and of the confusion which may arise between the arms of
Switzerland and the distinctive emblem of the Convention, the use by private
individuals, societies or firms, of the arms of the Swiss Confederation, or of
marks constituting an imitation thereof, whether as trade-marks or commercial
marks, or as parts of such marks, or for a purpose contrary to commercial
honesty, or in circumstances capable of wounding Swiss national sentiment, shall
be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to the Geneva
Convention of July 27, 1929, may grant to prior users of the emblems,
designations, signs or marks designated in the first paragraph, a time limit not
to exceed three years from the coming into force of the present Convention to
discontinue such use, provided that the said use shall not be such as would
appear, in time of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present Article shall
also apply, without effect on any rights acquired through prior use, to the
emblems and marks mentioned in the second paragraph of Article 38.
ARTICLE 54
The High Contracting Parties
shall, if their legislation is not already adequate, take measures necessary for
the prevention and repression, at all times, of the abuses referred to under
Article 53.
SCHEDULE II (Sections 2,
11and 13)
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED,
SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949
Relevant Provisions
CHAPTER VIII
Repression of Abuses and Infractions
ARTICLE 50
The High Contracting Parties
undertake to enact any legislation necessary to provide effective penal
sanctions for persons committing, or ordering the commission of, any of the
grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality, before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of
all acts contrary to the provisions of the present Convention other than the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper
trial and defence, which shall not be less favorable than those provided by
Article 105 and those following the Geneva Convention relative to the Treatment
of Prisoners of War of August 12, 1949.
ARTICLE 51
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention ; wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
SCHEDULE III (Sections 2,
11 and 13)
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF
AUGUST 12, 1949
Relevant Provisions
PART VI
EXECUTION OF THE CONVENTION
SECTION I
GENERAL PROVISIONS
ARTICLE 126
Representatives or delegates of
the Protecting Powers shall have permission to go to all places where prisoners
of war may be, particularly to places of internment, imprisonment and labour,
and shall have access to all premises occupied by prisoners of war ; they shall
also be allowed to go to the places of departure, passage and arrival of
prisoners who are being transferred. They shall be able to interview the
prisoners, and in particular the prisoners representatives, without witnesses,
either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty
to select the places they wish to visit. The duration and frequency of these
visits shall not be restricted. Visits may not be prohibited except for reasons
of imperative military necessity, and then only as an exceptional and temporary
measure.
The Detaining Power and the Power on which the said prisoners of war depend may
agree, if necessary, that compatriots of these prisoners of war be permitted to
participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the
same prerogatives. The appointment of such delegates shall be submitted to the
approval of the Power detaining the prisoners of war to be visited.
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 the commission of, 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 the commission of, 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.
SCHEDULE IV (Sections 2, 11
and 13)
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF
WAR OF AUGUST 12, 1949
Relevant Provisions
PART IV
EXECUTION OF THE CONVENTION
SECTION I
GENERAL PROVISIONS
ARTICLE 142
Subject to the measures which the
Detaining Powers may consider essential to ensure their security or to meet any
other reasonable need, the representatives of religious organizations, relief
societies, or any other organizations assisting the protected persons, shall
receive from these Powers, for themselves or their duly accredited agents, all
facilities for visiting the protected persons, for distributing relief supplies
and material from any source, intended for educational, recreational or
religious purposes, or for assisting them in organizing their leisure time
within the places of internment. Such societies or organizations may be
constituted in the territory of the Detaining Power, or in any other country, or
they may have an international character.
The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and under
its supervision, on condition, however, that such limitation shall not hinder
the supply of effective and adequate
relief to all protected persons.
The special position of the International Committee of the Red Cross in this
field shall be recognized and respected at all times.
ARTICLE 143
Representatives or delegates of
the Protecting Power shall have permission to go to all places where protected
persons are, particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons and shall
be able to interview the latter without witnesses, personally or through an
interpreter.
Such visits may not be prohibited except for reasons of imperative military
necessity, and then only as an exceptional and temporary measure. Their duration
and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places
they wish to visit. The Detaining or Occupying Power, the Protecting Power and
when occasion arises the Power of origin of the persons to be visited, may agree
that compatriots of the internees shall be permitted to participate in the
visits.
The delegates of the International Committee of the Red Cross shall also enjoy
the above prerogatives. The appointment of such delegates shall be submitted to
the approval of the Power governing the territories where they will carry out
their duties.
ARTICLE 144
The High Contracting Parties
undertake, in time of peace as in time of war, to disseminate the text of the
present Convention as widely as possible in their respective countries, and in
particular, to include the study thereof in their programmes of military and, if
possible, civil instruction, so that the principles thereof may become known to
the entire population.
Any Civilian military, police or other authorities, who in time of war assume
responsibilities in respect of protected persons, must possess the text of the
Convention and be specially instructed as to its provisions.
ARTICLE 145
The High Contracting Parties shall communicate to one another through the Swiss Federa l 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 146
The high Contracting Parties
undertake to enact any legislation necessary to provide effective penal
sanctions for persons committing, or ordering the commission of, 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 the commission of, 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 breachers 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 Geneva Convention relative to the
Treatment of Prisoners of War, of August 12, 1949.
ARTICLE 147
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 present Convention : wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
ARTICLE 149
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.