Karshkovia
05-01-2008, 23:28
Karshkovia is concerned with the growing number of incidents where nations are mistreating wounded or injured peoples during armed conflicts. Thus, we propose that the United Nations a resolution preventing such hideous acts.
RECOGNIZING that armed conflicts between nations of the world does occur;
FURTHER RECOGNIZING military personnel and auxiliary workers are often captured by combating nations;
NOTING captured military personnel and auxiliary workers may be wounded and/or sick when captured;
DEFINES, for the purposes of this legislation, "military personnel" as full or part time soldiers and officers of all levels of rank enlisted in the armed forces of a nation.
FURTHER DEFINES, for the purposes of this legislation, "auxiliary workers" as civilians contracted or conscripted by the armed forces of a nation to engage in non-combat roles or as support personnel used for logistical assignments only.
NOTES the following legislation shall apply in peacetime as well as all cases of declared war or of any other armed conflict which may arise between two or more nations, even if the state of war is not recognized by one of them.
FURTHER NOTES the following legislation shall also apply to all cases of partial or total occupation of the territory of a nation even if the said occupation meets with no armed resistance.
FURTHER NOTES the following legislation shall be binding to UN members even if they are in an armed conflict or state of war with non-UN nations.
HEREBY enacts the following general provisions
1. REQUIRES persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(B) taking of hostages;
© outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. REQUIRES the wounded and sick shall be collected and humanly cared for.
3. DECLARES an impartial humanitarian body may offer its services to the Parties of the conflict.
4. REQUIRES nations to allow impartial UN inspectors comprised from nations with no ties to the current conflict to inspect the treatment and interview of the wounded and sick by the Parties of the conflict.
5. REQUIRES neutral powers to adhere to these provisions as to the treatment of the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.
6. DECLARES persons who have fallen into the hands of the enemy shall be protected by these rights until their final repatriation.
4. DECLARES warring nations may agree to extend further rights to captured military personnel and auxiliary workers. However, no special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by this legislation, nor restrict the rights which it confers upon them.
5. DECLARES wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by this legislation, and any extended rights provided by special agreements referred to in the foregoing declaration, if such there be.
6. DECLARES when wounded and sick do not benefit or cease to benefit from medical aid, no matter for what reason, the Detaining Power shall request a neutral Nation, or such an organization, to undertake the functions performed under this legislation. This neutral Nation or organization will be designated by the all Parties to the conflict as Protecting Power.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this legislation, the offer of the services of a neutral humanitarian organization, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present legislation depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
WHENEVER, in the present legislation, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present legislation.
7. REQUIRES in cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present legislation, the United Nations shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the United Nation Members may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The United Nations may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by an impartial humanitarian organization, who shall be invited to take part in such a meeting.
8. REQUIRES Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
(a) They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria.
(B) Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, raped, subjected to torture or to biological experiments; they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
© Only urgent medical reasons will authorize priority in the order of treatment to be administered.
(d) Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.
9. REQUIRES this legislation apply to the wounded and sick belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(B) that of having a fixed distinctive sign recognizable at a distance;
© that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions in international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
10. REQUIRES that the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.
11. REQUIRES at all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.
12. REQUIRES parties to the conflict record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.
These records should if possible include:
(a) designation of the Power on which he depends;
(B) army, regimental, personal or serial number;
© surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Power on which these persons depend.
13. REQUIRES parties to the conflict to prepare and forward to each other certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward one half of a double identity document or disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.
14. Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. One half of the double identity papers or disc, or the identity paper/disc itself if it is a single, should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead.
They shall further ensure that the dead are honorably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange lists showing the exact location and markings of the graves, together with particulars of the dead interred therein.
15. The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants, religious organizations, and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of this legislation do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.
16. Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.
17. DECLARES hospital ships are entitled to protection from all hostilities, and shall not be attacked from the land, sea, air or space.
18. DECLARES hospital ships can not be used as a staging point for military combat, reconnaissance missions, or as a storage depot for military weapons.
19. REQUIRES the protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless said units are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.
20. The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 16 of this legislation:
(1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.
(2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.
(3) That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.
(4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.
(5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.
21. In time of peace, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created.
Neutral Members of the United Nation are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.
22. REQUIRES medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, be respected and protected in all circumstances.
23. Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.
Members of the personnel designated in this Article who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
24. REQUIRES The staff of Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 22, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.
25. Each United Nations Member shall notify to the others, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.
Any worker or personnel employed by these societies who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.
26. A recognized Society of a neutral nation can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as interference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the identity cards before said personal leaves neutral country to which they belong.
27. REQUIRES personnel designated in Articles 24, 25 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions provided in this legislation. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:
(a) They shall be authorized to visit periodically the prisoners of war in labor units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.
(B) In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 25. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.
© Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.
28. REQUIRES personnel whose retention is not indispensable by virtue of the provisions of Article 26 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit. Pending their return, they shall not be deemed prisoners of war and are afforded all the rights as stated in this legislation. They shall continue to fulfill their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.
On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.
The selection of personnel for return shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.
29. REQUIRES the material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be intentionally destroyed.
30. DECLARES the real and personal property of non-military aid societies which are admitted to the privileges of this convention shall be regarded as neutral private property.
The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured.
31. DECLARES transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.
32. DECLARES medical aircraft and space craft, that is to say, craft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article 34, together with their national colors on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war, unless they are members of aid organizations listed in Article 24, 25, or 26. The medical personnel shall be treated according to Article 22 and the Articles following.
33. REQUIRES subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.
34. DECLARES the heraldic emblem of the red cross on a white ground, is retained as the emblem and distinctive sign of the Medical Service of armed forces. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of this legislation.
35. Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.
36. REQUIRES civilian and neutral aid workers as designated in Articles 24, 25, 26 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to retaining identification at all times, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present legislation.
The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.
37. REQUIRES the identity card be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the United Nations Members. Conflicting Parties shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
38. REQUIRES The personnel designated in Article 23 shall wear, but only while carrying out medical duties, a white armlet bearing in its center the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.
39. REQUIRES a flag marked with the distinctive emblems listed in Article 34 be hoisted only over such medical units and establishments as are entitled to be respected under this legislation, and only with the consent of the military authorities. In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of this legislation. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.
40. DECLARES the medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in previous Articles, shall fly, along with the flag of this legislation, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 39.
Subject to orders to the contrary by the responsible military authorities, they may on all occasions fly their own national flag, even if they fall into the hands of the adverse Party.
41. REQUIRES with the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words " Red Cross" may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present legislation. The same shall apply to the emblems mentioned in Article 34, in respect of the countries which use them.
The "Red Cross" emblem may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.
42. REQUIRES each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present legislation.
43. DECLARES reprisals against the wounded, sick, personnel, buildings or equipment protected by the legislation are prohibited.
44. REQUIRES United Nations Members undertake, in time of peace as in time of war, to disseminate the text of the present legislation as widely as possible in their respective countries, and, in particular, to include the study thereof in their programs of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.
45. AUTHORIZES the United Nations to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present legislation defined in the following Article.
Each Member of the United Nations 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 United Nations Member, provided that Member has made out a prima facie case.
Each United Nations Member shall take measures necessary for the suppression of all acts contrary to the provisions of the present legislation other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defense.
46. DEFINES 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 this legislation: willful killing, rape, torture or inhuman treatment, including biological experiments, willfully 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.
47. DECLARES no Party shall be allowed to absolve itself or any other Party of any liability incurred by itself or by another Party in respect of breaches referred to in the preceding Article.
48. REQUIRES at the request of a Party to the conflict, an inquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of this legislation.
49. REQUIRES if agreement has not been reached concerning the procedure for the inquiry, 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.
50. FORBIDS the use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present legislation, of the emblem or the designation " Red 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.
51. REQUIRES the United Nations Members, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under the previous Article.
52. DECLARES any United Nations Member that willfully allows, orders, or supports grave breaches of this legislation, as defined in Article 46, will be stripped of their Membership in the United Nations.
RECOGNIZING that armed conflicts between nations of the world does occur;
FURTHER RECOGNIZING military personnel and auxiliary workers are often captured by combating nations;
NOTING captured military personnel and auxiliary workers may be wounded and/or sick when captured;
DEFINES, for the purposes of this legislation, "military personnel" as full or part time soldiers and officers of all levels of rank enlisted in the armed forces of a nation.
FURTHER DEFINES, for the purposes of this legislation, "auxiliary workers" as civilians contracted or conscripted by the armed forces of a nation to engage in non-combat roles or as support personnel used for logistical assignments only.
NOTES the following legislation shall apply in peacetime as well as all cases of declared war or of any other armed conflict which may arise between two or more nations, even if the state of war is not recognized by one of them.
FURTHER NOTES the following legislation shall also apply to all cases of partial or total occupation of the territory of a nation even if the said occupation meets with no armed resistance.
FURTHER NOTES the following legislation shall be binding to UN members even if they are in an armed conflict or state of war with non-UN nations.
HEREBY enacts the following general provisions
1. REQUIRES persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(B) taking of hostages;
© outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. REQUIRES the wounded and sick shall be collected and humanly cared for.
3. DECLARES an impartial humanitarian body may offer its services to the Parties of the conflict.
4. REQUIRES nations to allow impartial UN inspectors comprised from nations with no ties to the current conflict to inspect the treatment and interview of the wounded and sick by the Parties of the conflict.
5. REQUIRES neutral powers to adhere to these provisions as to the treatment of the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.
6. DECLARES persons who have fallen into the hands of the enemy shall be protected by these rights until their final repatriation.
4. DECLARES warring nations may agree to extend further rights to captured military personnel and auxiliary workers. However, no special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by this legislation, nor restrict the rights which it confers upon them.
5. DECLARES wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by this legislation, and any extended rights provided by special agreements referred to in the foregoing declaration, if such there be.
6. DECLARES when wounded and sick do not benefit or cease to benefit from medical aid, no matter for what reason, the Detaining Power shall request a neutral Nation, or such an organization, to undertake the functions performed under this legislation. This neutral Nation or organization will be designated by the all Parties to the conflict as Protecting Power.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this legislation, the offer of the services of a neutral humanitarian organization, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present legislation depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
WHENEVER, in the present legislation, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present legislation.
7. REQUIRES in cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present legislation, the United Nations shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the United Nation Members may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The United Nations may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by an impartial humanitarian organization, who shall be invited to take part in such a meeting.
8. REQUIRES Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
(a) They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria.
(B) Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, raped, subjected to torture or to biological experiments; they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
© Only urgent medical reasons will authorize priority in the order of treatment to be administered.
(d) Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.
9. REQUIRES this legislation apply to the wounded and sick belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(B) that of having a fixed distinctive sign recognizable at a distance;
© that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions in international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
10. REQUIRES that the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.
11. REQUIRES at all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.
12. REQUIRES parties to the conflict record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.
These records should if possible include:
(a) designation of the Power on which he depends;
(B) army, regimental, personal or serial number;
© surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Power on which these persons depend.
13. REQUIRES parties to the conflict to prepare and forward to each other certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward one half of a double identity document or disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.
14. Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. One half of the double identity papers or disc, or the identity paper/disc itself if it is a single, should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead.
They shall further ensure that the dead are honorably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange lists showing the exact location and markings of the graves, together with particulars of the dead interred therein.
15. The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants, religious organizations, and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of this legislation do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.
16. Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.
17. DECLARES hospital ships are entitled to protection from all hostilities, and shall not be attacked from the land, sea, air or space.
18. DECLARES hospital ships can not be used as a staging point for military combat, reconnaissance missions, or as a storage depot for military weapons.
19. REQUIRES the protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless said units are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.
20. The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 16 of this legislation:
(1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.
(2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.
(3) That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.
(4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.
(5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.
21. In time of peace, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created.
Neutral Members of the United Nation are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.
22. REQUIRES medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, be respected and protected in all circumstances.
23. Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.
Members of the personnel designated in this Article who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
24. REQUIRES The staff of Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 22, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.
25. Each United Nations Member shall notify to the others, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.
Any worker or personnel employed by these societies who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.
26. A recognized Society of a neutral nation can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as interference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the identity cards before said personal leaves neutral country to which they belong.
27. REQUIRES personnel designated in Articles 24, 25 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions provided in this legislation. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:
(a) They shall be authorized to visit periodically the prisoners of war in labor units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.
(B) In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 25. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.
© Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.
28. REQUIRES personnel whose retention is not indispensable by virtue of the provisions of Article 26 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit. Pending their return, they shall not be deemed prisoners of war and are afforded all the rights as stated in this legislation. They shall continue to fulfill their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.
On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.
The selection of personnel for return shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.
29. REQUIRES the material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be intentionally destroyed.
30. DECLARES the real and personal property of non-military aid societies which are admitted to the privileges of this convention shall be regarded as neutral private property.
The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured.
31. DECLARES transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.
32. DECLARES medical aircraft and space craft, that is to say, craft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article 34, together with their national colors on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war, unless they are members of aid organizations listed in Article 24, 25, or 26. The medical personnel shall be treated according to Article 22 and the Articles following.
33. REQUIRES subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.
34. DECLARES the heraldic emblem of the red cross on a white ground, is retained as the emblem and distinctive sign of the Medical Service of armed forces. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of this legislation.
35. Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.
36. REQUIRES civilian and neutral aid workers as designated in Articles 24, 25, 26 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to retaining identification at all times, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present legislation.
The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.
37. REQUIRES the identity card be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the United Nations Members. Conflicting Parties shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
38. REQUIRES The personnel designated in Article 23 shall wear, but only while carrying out medical duties, a white armlet bearing in its center the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.
39. REQUIRES a flag marked with the distinctive emblems listed in Article 34 be hoisted only over such medical units and establishments as are entitled to be respected under this legislation, and only with the consent of the military authorities. In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of this legislation. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.
40. DECLARES the medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in previous Articles, shall fly, along with the flag of this legislation, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 39.
Subject to orders to the contrary by the responsible military authorities, they may on all occasions fly their own national flag, even if they fall into the hands of the adverse Party.
41. REQUIRES with the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words " Red Cross" may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present legislation. The same shall apply to the emblems mentioned in Article 34, in respect of the countries which use them.
The "Red Cross" emblem may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.
42. REQUIRES each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present legislation.
43. DECLARES reprisals against the wounded, sick, personnel, buildings or equipment protected by the legislation are prohibited.
44. REQUIRES United Nations Members undertake, in time of peace as in time of war, to disseminate the text of the present legislation as widely as possible in their respective countries, and, in particular, to include the study thereof in their programs of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.
45. AUTHORIZES the United Nations to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present legislation defined in the following Article.
Each Member of the United Nations 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 United Nations Member, provided that Member has made out a prima facie case.
Each United Nations Member shall take measures necessary for the suppression of all acts contrary to the provisions of the present legislation other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defense.
46. DEFINES 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 this legislation: willful killing, rape, torture or inhuman treatment, including biological experiments, willfully 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.
47. DECLARES no Party shall be allowed to absolve itself or any other Party of any liability incurred by itself or by another Party in respect of breaches referred to in the preceding Article.
48. REQUIRES at the request of a Party to the conflict, an inquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of this legislation.
49. REQUIRES if agreement has not been reached concerning the procedure for the inquiry, 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.
50. FORBIDS the use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present legislation, of the emblem or the designation " Red 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.
51. REQUIRES the United Nations Members, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under the previous Article.
52. DECLARES any United Nations Member that willfully allows, orders, or supports grave breaches of this legislation, as defined in Article 46, will be stripped of their Membership in the United Nations.