ICRC-Basic-Rules-in-the-1949-Geneva-Conventions-and-1977-Additional-Protocols
Basic rules of the Geneva Conventions and their Additional Protocols
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Foreword
The aim of this document, “The Geneva Conventions and the Additional Protocols-Basic Rules”, is to provide
a condensed synthesis of the rules of international humanitarian law in armed conflicts as contained in these
legal instruments. This presentation itself is preceded by a summary which sets out, as simply and briefly as
possible, the fundamental rules which are the basis of these treaties and the law of armed conflicts as a
whole. Prepared for dissemination purposes, this work cannot in any circumstances serve as a substitute for
the complete provisions of the international agreements to which the marginal notes refer.
Summary: Basic rules of international humanitarian law in armed conflicts
1. Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for
their
lives and their moral and physical integrity. They shall in all circumstances be protected and treated
humanely
without any adverse distinction.
2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
3. The wounded and sick shall be collected and cared for by the party to the conflict which has them in its
power.
Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red
cross or the red crescent is the sign of such protection and must be respected.
4. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their
lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and
reprisals. They shall have the right to correspond with their families and to receive relief.
5. Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held
responsible for an act he has not committed. No one shall be subjected to physical or mental torture,
corporal punishment or cruel or degrading treatment.
6. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and
means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause
unnecessary losses or excessive suffering.
7. Parties to a conflict shall at all times distinguish between the civilian population and combatants in order
to
spare civilian population and property. Neither the civilian population as such nor civilian persons shall be
the
object of attack. Attacks shall be directed solely against military objectives.
International Committee of the Red Cross
Basic rules of the Geneva Conventions and their Additional Protocols
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Note
1. This text constitutes the quintessence of the provisions of international humanitarian law which are
summarized in the following pages. It does not have the force of an international legal instrument and is in
no way intended to replace the treaties in force. It is designed, as is this whole work, to facilitate
dissemination of international humanitarian law.
CONTENTS (I-VI)
Chapter I
Provisions common to the four Conventions and to Protocol I
Chapter II
Protection of the wounded, sick and shipwrecked
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field (Convention I of 12 August 1949)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea (Convention 11 of 12 August 1949)
Additional Protocol I, Part II
Chapter III
Regulations relating to the conduct of combatants and the protection of prisoners of war
Geneva Convention relative to the Treatment of Prisoners of War (Convention III of 12 August 1949)
Additional Protocol I, Part III
Chapter IV
Protection of civilian persons and populations in time of war
Additional Protocol I, Part IV
Geneva Convention relative to the protection of civilian persons in time of war (Convention IV of 12 August
1949)
Chapter V
Protection of victims of non-international armed conflicts
Article 3 common to the four Conventions and additional Protocol II
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Provisions common to the four Conventions and to Protocol I
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International Committee of the Red Cross
31-12-1988
Provisions common to the four Conventions and to Protocol I
1. Field of application, duration of application, general principles of law
2. Prohibition of reprisals
3. Non-renunciation of rights
4. Supervision
a) Protecting Powers
b) International Committee of the Red Cross
5. Sanctions
6. Dissemination
(Please note: Roman numerals indicate the number of the Convention or the Protocol (designated by the
letter
P), Arabic numerals refer to the articles of these instruments.)
1. Field of application, duration of application, general principles of law
The Conventions and the Protocol are applicable in case of declared war or of any other armed conflict
arising between two or more of the Parties to the Conventions and Protocol I from the beginning of such a
situation, even if the state of war is not recognized by one of them. These agreements also cover armed
conflicts in which people are fighting against colonial domination and alien occupation and against racist
regimes in the exercise of their right of self-determination.[I, 2; II, 2; III, 2; IV, 2; P. I, 1]
The application ceases at the general close of military operations and, in occupied territories, at the end of
the occupation except for those categories of people whose final release, repatriation or settlement takes
place at a later date. These people shall continue to benefit from the relevant provisions of the Conventions
and the Protocol until their final release, repatriation or settlement. [I, 5; III, 5; IV, 6; P. I, 3]
In cases not covered by the Conventions, the Protocol or other international agreements, or in the case of
denunciation of these agreements, civilians and combatants remain under the protection and authority of
the principles of international law derived from established custom, from the principles of humanity and
from the dictates of public conscience.[P. I, 1 ; I, 63; II, 62; III, 142; IV, 158]
2. Prohibition of reprisals
Reprisals, violations of the law in response to other violations of the law and to make them cease, are
prohibited against the wounded, sick and shipwrecked, medical services and personnel, civil defence
services and personnel, prisoners of war, civilians, civilian and cultural property, the natural environment
and works and installations containing dangerous forces. They are admitted only in the conduct of the
hostilities.[I, 46; II, 47; III, 13; IV, 33; P. I, 20, 51-56]
3. Non-renunciation of rights
The Geneva Conventions having as their aim the protection of war victims, these persons must be placed,
as far as is possible, out of the reach of any pressures to make them renounce their rights. This is why
these persons may in no circumstances renounce, in part or totally, the rights ensured them by the
Conventions and the Protocol. The people mainly concerned are military and civilian medical personnel and
the wounded, military and civilian sick and shipwrecked persons, as well as prisoners of war, civilian
internees, inhabitants of occupied territories and foreigners on the territory of a Party to the conflict. The
Extract from “Basic rules of the Geneva Conventions and their Additional Protocols”
Provisions common to the four Conventions and to Protocol I
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principle of non-renunciation applies to all the rights which protect war victims.[I, 7; II, 7; III, 7; IV, 8; P.
I, 1]
4. Supervision
a) Protecting Powers
To ensure that the Geneva Conventions are respected, the Parties to the conflict should secure the
cooperation
and admit the supervision of Protecting Powers, in other words neutral States appointed to safeguard the
interests
of the Parties to the conflict in enemy countries. If such appointments have not been made, the
International
Committee of the Red Cross will offer the Parties to the conflict its help in the designation of Protecting
Powers.[I,
8; II, 8; III, 8; IV, 9; P. I, 5]
b) International Committee of the Red Cross
The presence of the Protecting Powers does not stand in the way of humanitarian activities which the ICRC
or any other impartial humanitarian organization undertakes for the protection of war victims.[I, 9; II, 9;
III, 9; IV, 10]
This is an application of the provision that governments may at any time agree to entrust to an organization
offering every guarantee of impartiality and efficiency the humanitarian duties incumbent on the Protecting
Powers by virtue of the Conventions.[I, 10; II, 10; III, 10; IV, 11]
ICRC delegates are, in particular, authorized to go to all places where there are protected persons, prisoners
of war or civil internees and to talk to them without witnesses. The ICRC will be granted all the necessary
facilities to carry out its humanitarian work.[III, 126; IV, 143; P. I, 81]
5. Sanctions
These articles have particular significance. They relate both to offences which are subject only to
administrative or disciplinary sanctions as well as to grave breaches, against which they constitute an
embryonic international penal law by elevating them to the rank of international crimes and designating
them as “war crimes”. These articles lay before the conscience of the world the list of especially grave
violations of the Conventions and the Protocol which, were they to remain unpunished, would signify the
degradation of human values and the regression of the entire concept of humanity.
These grave breaches are those involving any of the following acts, if committed against persons or
property protected by the Conventions, as supplemented by the Protocol: wilful killing, torture or inhuman
treatment, including biological experiments, wilfully causing great suffering or serious injury to body or
health, any wilful omission seriously endangering the physical or mental health or integrity of a person in
the power of a Party other than the one on which he depends, unlawful deportation or transfer, illegal
detention, compelling a protected person to serve in the armed forces of a hostile Power, or wilfully
depriving a protected person of the right to a fair and regular trial as prescribed in the Conventions and the
Protocol, the taking of hostages, the destruction and appropriation of property not justified by military
necessity and carried out on a large scale in an arbitrary and unlawful way.[I, 50; II, 51; III, 130; IV, 174;
P. I, 11]
The following wilful acts are also grave breaches when they result in death or cause serious injury to body
or health: attacks on the civilian population, civilians, civilian property, attacks launched indiscriminately or
attacks on works and installations containing dangerous forces, in the knowledge that such attacks will
cause loss of lives, injury to civilians or damage to civilian property which are excessive in relation to the
actual and direct military advantage expected; attacks on non-defended localities and demilitarized zones,
attacks on people known to be hors de combat and the perfidious use of the emblem of the red cross or red
crescent and other recognized protective signs.
The following are also grave breaches of the Conventions and the Protocol: any transfer by an Occupying
Power of part of its own civilian population into the territory it occupies, the deportation or transfer of all or
Provisions common to the four Conventions and to Protocol I
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part of the population of this territory, any unjustifiable delay in the repatriation of prisoners of war or
civilians, apartheid and similar practices, attacks directed against clearly recognizable historical monuments,
works of art or places of worship.
The Conventions and the Protocol require governments to enact any legislation necessary to provide
effective penal sanctions for persons committing or ordering the commission of any of the grave breaches;
they will search for persons alleged to have committed, or to have ordered the commission of such
breaches, including those resulting from a failure to act when under a duty to do so. Military commanders
must be watchful to prevent breaches of the Conventions and the Protocol, will suppress them and, if
necessary, report them to the competent authorities.[I, 49; II, 50; III, 129; IV, 146]
As we have seen, each contracting Party must also take the necessary steps to stop actions contrary to the
Conventions other than grave breaches. But the Conventions accord the greatest importance to grave
breaches because they provide for them to come under the criminal jurisdiction of all Parties to the
Conventions. It is also possible for the offender to be brought before an international tribunal, if such a
tribunal has been set up.
Because of the universality of such sanctions, extradition will be required whenever a State concerned has
not summoned the accused to appear before its own courts. Being subject to so many different forms of
possible jurisdiction, these crimes are not likely to go unpunished.
6. Dissemination
In time of peace as in time of war, the Parties are obliged to include the study of the Conventions and the
Protocol in their programmes of military instruction and to encourage the civilian population to study them.
Military and civil authorities must be fully acquainted with these texts and military commanders must ensure
that members of the armed forces under their command are aware of their obligations under the
Conventions and the Protocol.[I, 47; II, 48; III, 127; IV, 144; P. I, 83, 87]
In addition, Parties to a conflict are obliged to ensure that legal advisers are available to advise military
commanders on the application of the Conventions and the Protocol and on appropriate instructions to the
armed forces on this subject.[P. I, 82]
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Protection of the wounded, sick and shipwrecked
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International Committee of the Red Cross
31-12-1988
Protection of the wounded, sick and shipwrecked
Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field
(Convention I of 12 August 1949)
Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of
armed forces at sea (Convention II of 12 August 1949)
Additional Protocol I, Part II
1. Field of application of the two Conventions and the Protocol
2. Definition of protected persons
3. Protection, treatment and care
4. Search for the wounded, dead and missing
5. Recording and forwarding of information
6. Role of the civilian population and relief organizations; role of neutral ships
7. Medical units
8. Medical transport
9. Medical personnel
10. Medical mission
11. Emblem and signals
(Please note: Roman numerals indicate the number of the Convention or the Protocol (designated by the letter
P), Arabic numerals refer to the articles of these instruments.)
1. Field of application of the two Conventions and the Protocol
Generally speaking, the Second Geneva Convention of 12 August 1949 is almost identical with the First. The
main difference between the two is that the second concerns the wounded, sick and shipwrecked members of
armed forces at sea while the first relates to the wounded and sick in armed forces in the field. Otherwise, the
principles underlying the two Conventions are identical and the same rules apply to protected persons and
property, taking into account the different conditions prevailing on land and at sea.[I, 13; II, 13]
Protocol I, Part 11, extends this protection to all wounded, sick and shipwrecked persons, whether they be
civilians or members of the armed forces.[P. I, 8, 34]
2. Definition of protected persons I(1)
The terms “wounded” and “sick” mean military or civilian persons in need of medical care and who refrain from any act of
hostility.[P. I, 8]
The term “shipwrecked” means military or civilian persons in a perilous situation at sea or on any other waters following a
misfortune which has befallen them and who refrain from any act of hostility.
3. Protection, treatment and care
All wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.[P. I, 10]
In all circumstances, they shall be treated humanely and shall receive, to the fullest possible extent and with the least
possible delay, the medical care and attention required by their condition. There shall be no distinction between them on
any other grounds. Women shall be treated with all the particular consideration due to their sex.[I, 12; II, 12; P. I, 10]
Wounded, sick and shipwrecked combatants who are captured become prisoners of war. Until their recovery or their
disembarkation they will benefit from the provisions of Conventions I or II and III.
4. Search for the wounded, dead and missing
The general principle governing this section is, first and foremost, the right of families to know the fate of their
relatives.[P. I, 32]
Extract from “Basic rules of the Geneva Conventions and their Additional Protocols”
Protection of the wounded, sick and shipwrecked
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At all times, and particularly after an engagement, Parties to a conflict must immediately take all possible measures to
search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment and ensure
their adequate care, as well as to search for the dead and prevent their being despoiled.[I, 15; II, 18; IV, 16]
The Conventions specify that Parties to a conflict must ensure that burial, cremation or burial at sea of the dead, carried
out individually as far as circumstances permit, is preceded by a careful and, if possible, medical examination of the
bodies with a view to confirming death, establishing identity and making possible a report.[I, 17; II, 20]
In addition, as soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict
must search for persons who have been reported missing by an adverse Party.[P. I, 33]
5. Recording and forwarding of information
Parties to a conflict must record all available particulars which could help to identify the wounded, sick and dead who have
fallen into their hands: the Power on which they depend or nationality, regimental number, surname and first name, date
of birth, date and place of capture and the nature of actions taken with regard to the individuals concerned, etc. This
information is to be forwarded as soon as possible to the Information Bureau provided for in Convention III for
transmission to the adverse Party, particularly through the intermediary of the Central Tracing Agency of the International
Committee of the Red Cross (CTA). When this information is not channelled through the ICRC and its central Agency,
each Party to the conflict will ensure that this information is also supplied to the Central Agency provided for in
Convention III. [I, 16; II, 19; P. I, 33; III, 122; IV, 136]
6. Role of the civilian population and relief organizations; role of neutral ships
The civilian Population must respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and
shall commit no act of violence against them. The civilian population and relief organizations, such as National Red Cross
and Red Crescent Societies, will be authorized, even in invaded or occupied regions, to collect and care for the wounded,
sick and ship wrecked, even if they are enemy parachutists or guerillas. Nobody may be harassed, prosecuted or convicted
for such humanitarian action.[I, 18; P. I, 17]
Furthermore, the competent authority may appeal to the civilian population and the relief organizations to collect the
wounded, sick and shipwrecked, to search for the dead and report where they were found.
The same applies in naval warfare to neutral merchant vessels, yachts or other craft which may be called upon, by the
Parties to the conflict, to take on board and care for the wounded, sick and shipwrecked and also to collect the dead.[II,
21]
7. Medical units
Military(2) or civilian medical units are protected by the Conventions and the Protocol. Such units comprise all buildings or
fixed installations (hospitals and other similar units, blood transfusion and preventive medicine centres, medical depots
and stores) and mobile units (quarantine stations, tents, open air installations, vehicles assigned to medical purposes) [I,
19; P. I, 8, 9, 12] :
a) which belong to a Party to the conflict or which are recognized and authorized by a Party to the conflict
(naturally including the National Red Cross and Red Crescent Societies and other authorized Societies);
b) which are placed at the disposal of a Party to the conflict
– by a neutral State,
– by an impartial international organization of a humanitarian nature.
Assigned to medical purposes means units devoted to searching for evacuating, transporting, diagnosing or
treating the wounded, sick and shipwrecked, as well as to disease prevention.
It is however specified that the protection to which these medical units are entitled may cease if they are used to
commit acts harmful to the enemy (for example, sheltering unwounded soldiers or installing a military observation
post). Protection may only cease, however, after a warning has been given, setting a reasonable time limit, and
after such warning has remained unheeded.[I, 21, 22;P, I, 13]
The equipment (stretchers, surgical apparatus, medicines, dressings, etc.) of mobile military units seized by the
army will be reserved for the care of the wounded and sick.[I, 33]
In occupied territory, the occupant cannot requisition civilian medical units, their equipment, material or personnel
so long as these resources are required for the needs of the civilian population and the wounded and sick already
under treatment.[P. I, 14]
The real and personal property of Red Cross Societies and other authorized aid Societies will always be regarded
as private property. The army or the occupant can, however, requisition them in case of urgent necessity, but only
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after the welfare of the sick and wounded has been assured.[I, 34]
8. Medical transport
“Medical transport” means the conveyance by land, water or air of the wounded, sick and shipwrecked, medical
and religious personnel and medical equipment protected by the Conventions and the Protocol. Any means of
transport may be used, whether military or civilian, permanent or temporary, assigned exclusively to this purpose
and placed under the control of a Party to the conflict.[P. I, 8]
Medical transport by land (ambulances) must be respected and protected in the same way as mobile medical
units. Military ambulances falling into enemy hands are subject to the laws of war on condition that the Party
capturing them assumes responsibility for the sick and wounded they contain.[I, 35; P. I, 21]
Medical transport by water is carried out either by hospital ships or other medical ships and craft. The following
vessels are protected by the Conventions and the Protocol on condition that their names and descriptions have
been notified to the Parties to the conflict:[II, 22]
– military hospital ships of the Parties to the conflict;
– hospital ships used by National Red Cross Societies or other officially recognized aid Societies or by private
persons, including those from neutral countries;[II, 24, 25]
– hospital ships made available to a Party to the conflict by a neutral State or by an impartial international
organization of a humanitarian nature.[P. I, 22]
Hospital ships may not be attacked and may not be captured. The same applies to ships chartered for the
transport of medical equipment. However, the Parties to the conflict have the right to board and inspect these
ships.[II, 22, 31, 38]
Any hospital ship in a port which falls into enemy hands will be authorized to leave the port.[II, 29]
Other medical ships and craft shall be respected and protected in the same way as mobile medical units.[P. I, 23]
Medical transport by air (medical aircraft) carried out in areas not controlled by an adverse Party shall be
respected and protected. In contact or similar zones, medical aircraft operate at their own risk, unless prior
agreement has been reached between the Parties concerned. They must, however, be respected, even in the
absence of such agreement, after they have been recognized as medical aircraft. When flying over an area
controlled by an adverse Party, protection is subject to the prior agreement of this Party.[P. I, 24, 25, 26, 27]
Medical aircraft must not be used to attempt to acquire a military advantage over an adverse Party nor, without the
prior agreement of this Party, to search for the wounded, sick and shipwrecked.[P. I, 28]
Medical aircraft flying over areas not controlled by the Party to which they belong may be ordered to land or to
alight on water and must obey such an order. If inspection reveals that the aircraft has not infringed any rule of the
law of armed conflicts, it must be authorized to continue its flight without delay.[P. I, 30]
Medical aircraft must not fly over the territory of neutral States except by previous agreement or in an emergency.
In the latter case, the medical aircraft will make every effort to identify itself and the neutral State will refrain from
attacking it as soon as it has recognized it as such. If wounded, sick or shipwrecked persons are collected or
disembarked on neutral territory, they will be cared for and detained by this State if they belong to the fighting
armed forces of a Party to the conflict, so that they cannot again take part in the hostilities.[II, 40; P. I, 31]
9. Medical personnel
Medical and religious personnel of the Parties to the conflict, whether military or civilian, shall be respected and
protected.[I, 24, 25; P, I, 15]
Such personnel (doctors, nurses, stretcher-bearers, etc.) should be assigned, either on a permanent or
temporary basis, exclusively to medical purposes (see Point 7, Medical Units) or to the administration and
operation of medical units or medical transport facilities (administrators, drivers, cooks, etc.). Religious personnel
comprise military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry.
Medical and religious personnel benefit from special protection and are designated as “protected personnel”.(3) [I,
24, 25, 26, 27; II, 36, 42; P. I, 8]
Protected personnel are the following:
a) Military or civilian medical personnel of the Parties to the conflict, including those belonging to civil defence
organizations;
b) medical personnel of National Red Cross and Red Crescent Societies and other national aid Societies
recognized by a Party to the conflict;
Protection of the wounded, sick and shipwrecked
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c) religious personnel attached, either permanently or temporarily, to the armed forces, to medical units or
transport, or to civil defence organizations.
If military medical personnel fall into enemy hands, they may be retained so as to care for prisoners of war. They will not
themselves be regarded as prisoners of war. They will nevertheless benefit at least from all the provisions of the Geneva
Convention of 12 August 1949 relative to the treatment of prisoners of war.[I, 28; II, 37; III, 33]
In occupied territory, civilian medical personnel may not be requisitioned if their services are necessary to provide for the
medical needs of the civilian population and the care of the wounded and sick already under treatment.[P. I, 14]
10. Medical mission
Finally, the Protocol provides that nobody may be punished for having carried out medical activities compatible with
medical ethics, regardless of the beneficiaries of this activity, nor be compelled to carry out acts contrary to the rules of
medical ethics or to refrain from carrying out acts required by these rules.[P. I, 16]
11. Emblem and signals
The sign of the red cross(4) or red crescent must be displayed on the flags, buildings, installations and mobile formations
of medical units, on their means of transport, as well as on armlets, clothes and headgear of medical and religious
personnel. It will be as large as the circumstances require.[I, 39; P. I, 18]
An important regulation: the distinctive emblem of the Convention and the Protocol may be displayed only on medical
units and by medical personnel protected by the Convention and the Protocol, and only with the consent of the competent
authority. Strict observance of this rule is essential to respect the Convention the Protocol.[I, 42; P. II, 18]
In naval warfare, ships and craft entitled to the protection the Convention will be marked as follows:[II, 43]
a) all exterior surfaces must be white,.
b) one or more dark red crosses, as large as possible, must painted on each side of the hull as well as on
horizontal surfaces, so as to afford the greatest possible visibility from the sea and from the air. A white flag with a
red cross shall be flown at the mainmast, as high as possible.
The international Red Cross organizations and their duly authorized personnel are permitted to use the emblem of the red
cross on a white ground at all times.[I, 44]
Apart from these regulations, the use of the emblem or the designation “red cross” or “Geneva cross”, or any sign or
designation constituting an imitation, shall be prohibited at all times; the necessary measures will be taken to prevent and
repress any abuse of these distinctive signs. The perfidious use of the emblem of the red cross (and other protective signs
or signals) is a grave breach.[I, 53, 54; II, 45; P. I, 18, 85]
In addition to the distinctive emblem, the Parties to the conflict may authorize the use of distinctive signals (light, radio
and secondary radar signals, internationally recognized codes and signals).[P. I, 18 and Annex I]
Notes
1. For protected medical personnel, see point 9.
2. As far as Possible, military medical units and especially civilian medical units should be placed
well out of the way of military objectives.
3. Protected personnel must carry identity cards and make themselves known by means of the
distinctive emblem of the red cross or red crescent (1, 40, 41; 11, 42; P. 1, 18 and Annex 1, Chapter I
and II). They may be armed for their own defence and that of the wounded in their charge (I, 22; II, 35; P. 1, 13).
4. The form of the cross is not specified but it has become customary to use a so-called Greek cross, i.e. a cross with four
arms of equal length not touching the edge of the shield, comprising the inverted colours of the Swiss flag. Instead of the
red cross, some countries use the red crescent. The red lionand-sun emblem is no longer in use.
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Rules relating to the conduct of combatants and the protection of prisoners of war
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International Committee of the Red Cross
31-12-1988
Rules relating to the conduct of combatants and the protection of
prisoners of war
Geneva Convention relative to the treatment of prisoners of war (Convention III of 12 August 1949)
Additional Protocol I, Part II
Contents:
Section I
Status
Section II
Regulations relating to the conduct of combatants
Section III
Protection of prisoners of war
1. Rights and obligations
2. Protection and treatment
3. Physical conditions of internment
4. Moral and psychological conditions of internment
5. Aid
6. Discipline
a) General observations
b) Escapes or attempts to escape
c) Prisoners’ representatives
d) Sanctions
7. Repatriation
a) Direct repatriation and hospitalization in a neutral country
b) Release and repatriation at the end of hostilities
8. Death
9. Information bureaux and Central Tracing Agency
10. Assistance by relief societies and the ICRC
11. The right of Protecting Powers and the ICRC to visit
(Please note: Roman numerals indicate the number of the Convention or the Protocol (designated by the
letter
P), Arabic numerals refer to the articles of these instruments.)
Section I
Status
The status of prisoner of War is governed jointly by article 4 of the Third Convention and by articles 43 and
44 of
the Protocol. The general principle is the following: any member of the armed forces of a Party to a conflict
is a
combatant and any combatant captured by the adverse Party is a prisoner of war.[III, 4; P. I, 43, 44]
This general rule is supplemented by three types of provisions which specify the conditions in which armed
forces are recognized as such, to extend the qualification (or the treatment) of prisoner of war to categories
of persons not covered by the general rule, and finally to deprive, in a specific case, a captured combatant
of his qualification as a combatant and hence of his status of prisoner of war.
Extract from “Basic rules of the Geneva Conventions and their Additional Protocols”
Rules relating to the conduct of combatants and the protection of prisoners of war
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a) To be recognized as such, the armed forces of a Party to a conflict must be organized and placed under a
command responsible to that Party for the conduct of its subordinates, even if that Party is represented by
a government or other authority not recognized by the adverse Party. In addition, these armed forces must
be subject to an internal disciplinary system which, inter alia, enforces compliance with the rules of
internationallaw applicable in armed conflicts. In particular, this compliance requires combatants to
distinguish themselves from civilians, except in particular circumstances (see point c below) by a uniform or
other distinctive sign, visible and recognizable at a distance, while they are engaged in an attack or in a
military operation preparatory to an attack. Violation by a combatant of the rules applicable in armed
conflict is punishable but if this combatant at least carries his arms openly during the engagement, he is not
deprived of his right to the status of prisoner of war in case of capture. If the Party to which these armed
forces belong omits or deliberately refuses to enforce compliance with these rules, it can result in all
members of these forces losing their status of combatant and prisoner of war. (1)
b) The status or treatment of prisoner of war is extended to various categories of persons who do not come
under
the definition of combatants as given below, or who are not combatants. The following are thus also entitled
to the
status of prisoner of war:
– those taking part in a levy en masse, that is, when the inhabitants of a non-occupied territory
spontaneously take
up arms on the approach of the enemy to combat invasion without having had time to organize themselves
as laid down under point a) above, if they carry their arms openly and respect the laws and customs of war;
-persons authorized to follow the armed forces without being directly part of them;
-crews of the merchant marine and civil aviation;
-members of military personnel serving in civil defence organizations.[P. I, 67]
The following are entitled only to the treatment of prisoner of war:
– persons arrested in occupied territory because they belong to the armed forces of the occupied country;
– military internees in a neutral country;
– members of non-combatant medical and religious personnel who are part of the armed forces.
c) In exceptional cases, when required by the nature of the hostilities, a combatant can be released from
the
obligation to distinguish himself from the civilian population by wearing a uniform or distinctive sign
recognizable at
a distance during military operations. However, in such situations, these combatants must distinguish
themselves
by carrying arms openly during the engagement and during such time as they are visible to the adversary
while
engaged in a military deployment preceding the launching of an attack in which they are to participate. Even
failing
to comply with the obligation of carrying arms openly can deprive a combatant of his status, but not of the
guarantees relating to it, in the case of his being prosecuted for carrying arms illegally either with or
without other
offences. (2)
These provisions are not intended to modify the generally accepted practice of uniforms being worn by
members of regular armed units of the Parties to conflicts.
To avoid uncertainty and prevent any arbitrary measures at the time of capture, the Protocol specifies that
any person taking part in hostilities and captured is presumed to be a prisoner of war and is treated as a
prisoner of war, even in case of doubt as to his status. In the latter case, the question will be decided by a
tribunal at a later date. A person who, having taken part in hostilities, is eventually deprived of his right to
the status of prisoner of war, benefits not only from the provisions of the Fourth Convention applicable in his
case but also from the fundamental guarantees laid down in article 75 of the Protocol (see Section Ill, point
6 at end, below page 31).[III, 5; P. I, 45]
Spies and mercenaries are not entitled to the status of prisoner of war. Children under the age of fifteen
shall not be recruited into the armed forces.(3) [P. I, 46, 47]
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Children under the age of fifteen shall not be recruited into the armed forces.[P. I, 77]
Section II
Rules relating to the conduct of combatants
Part III of the Protocol does not confine itself to stating the rules relating to the status and treatment of
prisoners of war. It also recalls the correct conduct of combatants in the course of hostilities. The
fundamental principle forming the basis of these rules is that the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited.[P. I, 35]
For example, it is prohibited to employ weapons, projectiles and methods and materials of warfare of a
nature to cause superfluous injury, particularly those which are intended to cause, or can be expected to
cause widespread, long-term and severe damage to the natural environment. Neither may the presence of
civilian persons be used to render certain points or areas immune from military operations.[P. I, 51; IV, 28]
It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an
adversary to lead him to believe that he is entitled to receive, or is obliged to accord protection under the
rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute
perfidy. The recognized emblems (the white flag, the emblem of cultural property, other recognized
protective signs) and in particular the sign of the red cross or red crescent must not be used improperly.
The use of the national insignia of States not Parties to the conflict is forbidden. The national insignia of the
adverse Party must not be used during attacks or in order to shield, favour, protect or impede military
operations.[P. I, 37; P. I, 38; P, I, 39]
The Protocol thus asserts that the law of armed conflicts demands a minimum of honesty on the part of the
combatants. Other rules of conduct of combatants are summarized either in Section I of this chapter or in
the relevant chapters of this manual (see in particular Chapter 1, points 2 and 5, Chapter 11, points 3-4 and
7-11 and Chapter IV, Section 1). But it should be stressed here, once again, that it is prohibited to declare
that no quarter will be given, to threaten the adversary with this and to conduct hostilities in such a way
that there are no survivors. The enemy who is hors de combat, or who has surrendered, or who shows his
intention to surrender, or who has parachuted from an aircraft in distress, shall not be made the object of
attack. If the capturing Party is unable to evacuate its prisoners from the fighting zone, it must release
them and take all feasible precautions to ensure their safety.[P. I, 40, 41, 42]
Section III
Protection of prisoners of war
1. Rights and obligations
Regarding the rights of prisoners of war, the principle specifying that prisoners of war are in the hands of
the enemy Power, but not of the individuals or military units who have captured them, should be borne in
mind. Prisoners of war are entitled in all circumstances to respect for their persons and their honour. [III,
12, 14]
Women must be treated with all the regard due to their sex and shall in all cases benefit from treatment at
least as favourable as that granted to men. Finally, it should be noted that prisoners of war retain the full
civil capacity they had at the time of their capture. Within the limits imposed by captivity, they therefore
continue to enjoy their civil rights according to the law of their country of origin. In particular, they can
marry by proxy.[III, 14]
As for the duties of prisoners, they are generally derived from the laws of war and the rules of military
discipline.
Some of these duties are formally stated in the Convention; thus article 17, relating to questioning of the
prisoner, specifies that he is bound to give his name, first names and rank, date of birth and army,
regimental, personal or serial number or, failing this, equivalent information.(4) However, the same article
adds that no physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war
to obtain from them information of any kind whatever.[III, 17]
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The Convention also provides for the case – which is not excluded, if the laws of the Power on which
prisoners depend allow it – for the release on parole or promise. Article 21 states that prisoners released
under these conditions will be bound, on their personal honour, scrupulously to fulfil, both towards the
Power on which they depend and the Power which has captured them, the engagements of their paroles or
promises.[III, 21]
This mention is important for it shows that honesty is essential to the successful application of humanitarian
rules.
2. Protection and treatment
The Protocol prohibits declaring that no quarter will be given, threatening the adversary with this, and
conducting hostilities in such a way that there are no survivors. The enemy who is hors de combat, who has
surrendered or who shows his intention of surrendering, or who has parachuted from an aircraft in distress
shall not be the object of attack.[P. I, 40, 41, 42]
In these articles, the Convention states that prisoners of war must at all times be treated humanely and
that subject to any privileged treatment on account of rank, sex, state of health, age or professional
qualifications, all prisoners of war shall be treated alike. The Protocol specifies that no prisoner may be
subjected to physical mutilation or to medical and scientific experiments of any nature whatever, which are
not justified by the medical treatment of the prisoner concerned and which are not in his interest. It
nevertheless allows for exceptions in the case of donations of blood for transfusion or of skin for grafting,
providing that these are voluntary.[III, 13, 16; P. I, 11]
Among the general principles protecting prisoners of war, the following should also be mentioned: they shall
not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. When they have
been captured under unusual conditions of combat which prevent their being evacuated in the normal way,
they shall be released and all feasible precautions shall be taken to ensure their safety.[III, 19; P. I, 41]
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene
and wholesomeness. No prisoner of war may at any time be sent to or detained in an area where he may be
exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas
immune from military operations.[III, 22,23]
Prisoners without the recognized status of prisoner of war are at all times entitled to the fundamental
guarantees (see Chapter IV, Section II, Point 2, letter g, page 43 and point 6 below, guarantees of judicial
procedure).
3. Physical conditions of internment
The Detaining Power assumes general responsibility for the life and welfare of prisoners of war, who must be
kept in good health. Women and children under the age of fifteen becoming prisoners of war must be
treated with special respect and protected against any form of indecent assault. Other information
concerning the application of these principles can be found under the following headings: [P. I 76, 77]
Quarters [III, 25]
Food [III, 26, 28]
Clothing [III, 27]
Hygiene and medical attention [III, 29, 30, 31]
Under all circumstances, prisoners of war will receive any medical care they may need and will preferably be
treated by medical personnel of the Power on which they depend and, if possible, of their nationality.
Transfers [III, 12, 46, 48]
Prisoners of war may only be transferred to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself that the Power in question is willing and able to apply the Convention.
Transfer within the territory of the Detaining Power will always be carried out humanely and in conditions no
less favourable than those enjoyed by the troops of the Detaining Power during their movements.
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4. Moral and psychological conditions of internment
The Convention is not only concerned with the physical conditions of internment. A great number of articles
are devoted to moral and psychological conditions. They deal not only with religion, intellectual and sports
activities but also with the kind of work considered suitable to maintain prisoners’ self-respect and mental
well-being and protect them from boredom and idleness. In application of these principles, the Convention
includes a number of provisions on the following matters:
Religion [III, 34, 35]
Intellectual and sports activities [III, 38]
Work [III, 49, 50, 51, 57]
In order to prevent the work carried out by prisoners from degenerating into inhumane exploitation or
participation in the war effort of the Detaining Power, such work is limited by a series of very strict rules.
Property and working pay [III, 18, 28, 59, 60, 61, 62]
Correspondence [III, 71, 74, 76]
Prisoners of war shall be allowed to send and receive letters and cards free of postage.(5)
5. Aid
The Convention affirms the right of prisoners of war to receive relief.
Relief supplies may be individual or collective but the Convention indicates a preference to relief parcels of a
standard model, intended for all the prisoners in a camp and shared out among them by prisoners’
representatives.(6) [III, 72]
All relief shipments are exempt from import, customs and other dues and the experience acquired by the
ICRC and National Red Cross Societies in the course of the two World Wars is implicitly recognized.[III, 74,
75]
6. Discipline
a) General observations
To ensure discipline in accordance with military honour, every prisoner of war camp is placed under the
immediate authority responsible commissioned officer belonging to the regular at forces of the Detaining
Power.[III, 39]
This officer must be fully acquainted with the text of the Convention and the relevant provisions of the
Protocol. These texts must also be posted in each camp, in the prisoners’ own language, in places where all
may read them. The wearing of badges of rank and nationality, as well as decorations, shall be permitted, in
due respect for the dignity of the persons concerned.[III, 41; P. I, 83; III, 40]
Military commanders must ensure that members of the armed forces under their command are aware of
their obligations under the Conventions and the Protocol. They are responsible for preventing any breaches
of these provisions, for suppressing them and, if necessary, reporting them to the competent authorities.[P.
I, 87]
b) Escapes or attempts to escape
The Convention has several provisions relating to escapes or attempts to escape. These are accepted as
being consistent with military honour and patriotic courage. Punishments incurred in cases of escape are
consequently limited. Weapons may be used against prisoners who escape or attempt to escape, but such
use should only be made as a last resort and must always be preceded by warnings appropriate to the
circumstances.[III, 91, 92, 93; III, 42]
c) Prisoners’ representatives
Article 79 stipulates that in all places where there are prisoners of war, except in those where there are
officers, the prisoners shall freely elect by secret ballot, every six months, and in case of vacancies,
representatives entrusted with representing them before the military authorities, the Protecting Powers, the
ICRC and any other organization which may assist them. These prisoners’ representatives shall be eligible
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for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior-ranking
officer among the prisoners of war shall be recognized as the camp prisoners’ representative.[III, 79]
This institution is very important. Benefiting from various prerogatives and facilities enumerated in article
81, the prisoners’ representative is the intermediary qualified to further the physical, spiritual and
intellectual well-being of prisoners of war.[III, 80, 81]
He not only supervises the distribution of relief supplies but also does all he can to mitigate the severities of
discipline, to help prisoners in their difficulties with the detaining authority.
Finally, it should be stressed that prisoners must have the unrestricted right to apply to the representatives
of the Protecting Powers, either through their prisoners’ representative or, if they consider it necessary,
direct, in order to draw their attention to any points on which they may have complaints about their
conditions of captivity.[III, 78]
d) Sanctions
The Convention specifies that prisoners of war shall be subject to the laws, regulations and orders in force in
the armed forces of the Detaining Power.[III, 82]
A general leniency clause protects prisoners of war against excessively severe interpretation of the laws and
regulations. In deciding whether an offence committed by a prisoner of war should be subject to disciplinary
or judicial punishment, the Detaining Power shall ensure that the competent authorities exercise the
greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.[III, 83]
Disciplinary sanctions may only be ordered by the camp commander or an officer appointed by him, and in
no case by a prisoner of war. Moreover, certain concessions are granted to prisoners undergoing disciplinary
punishment: permission to take exercise and to be in the open air for at least two hours daily, permission to
read and write, as well as to send and receive letters.[III, 96, 98]
Finally, in no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners
of war and the duration of any single punishment shall never exceed thirty days.[III, 89, 90]
As far as judicial sanctions are concerned, a prisoner of war may only be tried by a military court, except
under specified circumstances. Furthermore, prisoners of war may not be sentenced to any penalties other
than those imposed for the same acts committed by members of the armed forces of the Detaining Power.
Collective punishment for individual acts is forbidden, as are corporal punishment, imprisonment in premises
without daylight and, in general, torture or cruelty in any form whatsoever.[III, 84, 87]
It is important to note that prisoners who are prosecuted shall still benefit from the Convention, even if they
are convicted.[III,85]
The death penalty can be imposed, in principle, for offences liable to capital punishment in the armed forces
of the Detaining Power. Since the accused is not a national of the Detaining Power, owes it no allegiance,
and is in its power as a result of circumstances beyond his control, the court must take these facts into
account before pronouncing a death sentence.[III, 100]
As far as possible, the death penalty shall not be pronounced on pregnant women or mothers having
dependent infants. If it is pronounced, it will not be carried out. The same will apply to prisoners under the
age of eighteen at the time the offence was committed.[P. I, 76; P. I, 77]
Article 101 extends to at least six months the period that must elapse between the time the death penalty
is pronounced and the time the sentence is executed. Furthermore, Article 107 provides an opportunity for
the Protecting Power to intervene in the case of a death sentence being pronounced.[III, 101, 107]
The guarantees of judicial procedure form part of the fundamental guarantees, which means that they must
be accorded even to prisoners whose status of prisoner of war is not recognized.
Judicial procedure must be regular, i.e. it must include at least the following guarantees: the accused to be
informed without delay of the particulars of the offence he is alleged to have committed, which must have
constituted an offence at the time it was committed; presumption of innocence; no coercion on a prisoner to
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force him to confess judgement to be pronounced in the presence of the accused and, in principle, publicly.
The prisoner cannot be punished more than once for the same act or on the same charge if it is based on
the same law and the same judicial procedure.[III, 86, 99; P. I, 75]
The rights of defence are recognized and guaranteed and, accordingly, the prisoner of war shall be entitled
to be assisted by one of his fellow prisoners, to be defended by a qualified attorney of his own choice, to
call witnesses and, if he thinks it necessary, to employ the services of a competent interpreter. On the same
conditions as members of the armed forces of the Detaining Power, he will have the right of appeal with a
view to quashing or revising the sentence pronounced on him; any judgement and sentence shall be
immediately reported to the Protecting Power.[III, 105,106; P. I, 75]
7. Repatriation
a) Direct repatriation and hospitalization in a neutral country
Even during hostilities, the Convention prescribes the direct return to their own countries of the wounded
and sick
whose mental or physical fitness seems to have been seriously impaired, and hospitalization in neutral
countries of
specific categories of those less seriously sick or wounded.[III, 109]
A model agreement, annexed to Convention 111 (Annex 1, referred to in Article I 10) cites numerous cases
which
can give rise to application of this principle. Mixed Medical Commissions, set up at the outbreak of
hostilities, are
called upon to decide what prisoners are to be repatriated. The Parties to the conflict must send back to
their own
country, regardless of number or rank, seriously wounded and sick prisoners of war, after caring for them
until they
are able to travel.[III, 112]
No sick or injured prisoner of war may be repatriated against his will during hostilities.
No repatriated person may be employed on active military service.[III, 117]
b) Release and repatriation at the end of hostilities
Situations which can arise at the end of a war have shown that the way in which the principle of the Code
for
prisoners of war of 1929 was worded, requiring the repatriation of prisoners on the conclusion of peace,
could be
detrimental to them, because experience has shown that a very long time can elapse between the time
hostilities
cease and the time peace is concluded. To remedy this, the Convention states that repatriation will take
place
“without delay after the cessation of active hostilities”, i.e. after the cease-fire.[III, 118]
One exception to immediate repatriation is provided in the case of prisoners convicted or prosecuted for
criminal
offences, who may be detained until the end of legal proceedings and, if necessary, until they have
completed their
sentences.[III, 119]
8. Death
Prisoners of war are entitled to make wills. The Convention prescribes that wills of prisoners of war shall be
drawn up so as to satisfy the conditions of validity required by legislation in their countries of origin, which
will take the necessary steps to inform the Detaining Power of its requirements in this respect.[III, 120]
The Convention specifies the conditions of burial (or, in certain cases cremation) appropriate to ensure
respect for the dead and to safeguard the interests of their families. The Protocol supplements these
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provisions.[III, 120; P. I, 35]
In case of death from suspicious causes, an enquiry is opened in order to determine responsibility,
particularly with a view to possible compensation for beneficiaries.[III, 121]
Death certificates must be forwarded as rapidly as possible to the Prisoner of War Information Bureaux.
9. Information bureaux and Central Tracing Agency
The services rendered to prisoners and their families by the Central Prisoner of War Agency (now known as
the Central Tracing Agency) during the two World Wars and the numerous conflicts since 1945 are well
known.
Created under the auspices of the ICRC, this Agency keeps in its archives over fifty million cards which
constitute a unique information system to establish the rights of prisoners or their families. In particular, it
contains all the information it can obtain through private or official sources concerning prisoners of war with
a view to determining their identity, and any particulars about them relating to transfers, releases,
repatriations, escapes, hospitalization and death.
These results have been consolidated by the Convention, which not only requires Governments to set up
official bureaux to collect and transmit information about prisoners of war, but provides for establishment of
a Central Prisoner of War Information Agency in a neutral country.[III, 122, 123; P. I, 34]
To facilitate the work of the national Bureaux and the Central Information Agency, States must grant them
free postage for mail, as well as all exemptions provided for in Article 74 and, as far as possible, exemption
from telegraphic charges or, at least, greatly reduced rates.(7) [III, 124]
Families have the right to know what has become of their relatives. As soon as circumstances permit and, at
the latest, from the end of hostilities, the Parties to the conflict should therefore search for persons reported
missing by an adverse Party and transmit all relevant information concerning such persons in order to
facilitate the search.[P. I, 33; III, 119]
10. Assistance by relief societies and the ICRC
Relief societies, the ICRC and the Red Cross and Red Crescent Societies have played such an important role
in helping prisoners of war during the two World Wars that the Convention devotes an article to them, to
facilitate and encourage their activity.
This provision requires the Powers to grant them and their duly accredited delegates, all the necessary
facilitates to visit prisoners, distribute relief supplies and material from any source, for religious, educational
or recreative purposes, and help them organize their leisure activities within camps. The special status of
the ICRC in this sphere must be recognized and respected.[III, 125]
11. The right of Protecting Powers and the ICRC to visit
Furthermore, the Convention provides that representatives 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.