IV.Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949

By José Manuel Ferro Veiga

Approved on August 12, 1949 by the Diplomatic Conference to Develop International Conventions for the Protection of War Victims, held in Geneva from April 12 to August 12, 1949. Entry into force: October 21, 1950.

• Language: English
• Publisher: Lulu.com
• Release date: Oct 2, 2020
• ISBN: 9781716537929

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IV. Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949

TITLE I: GENERAL PROVISIONS

Article 1 - Respect for the Convention

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

Article 2 - Application of the Convention

Apart from the provisions that must enter into force already in time of peace, this Convention shall apply, in the event of a declared war or any other armed conflict arising between two or more of the High Contracting Parties, even if one of them has not recognized state of war.

The Convention shall also apply in all cases of total or partial occupation of the territory of a High Contracting Party, even if such occupation does not meet with military resistance.

If one of the Powers in conflict is not a party to this Convention, the Powers that are Parties to it shall, however, be bound by it in their reciprocal relations. They shall also be bound by the Convention with respect to said Power, if it accepts and applies its provisions.

Article 3 - Non-international conflicts

In the event of an armed conflict that is not of an international nature and that arises in the territory of one of the High Contracting Parties, each of the Parties to the conflict shall have the obligation to apply, as a minimum, the following provisions:

1) Persons who do not participate directly in hostilities, including members of the armed forces who have laid down their arms and persons put out of action due to illness, injury, detention or for any other reason, will be, in all circumstances, treated humanely, without any unfavorable distinction, based on race, color, religion or belief, sex, birth or fortune, or any other similar criteria.

In this regard, the following are prohibited, at any time and place, as regards the persons mentioned above:

a) Attempts against life and bodily integrity, especially homicide in all its forms, mutilations, cruel treatment, torture and torture;

b) the taking of hostages;

c) attacks against personal dignity, especially humiliating and degrading treatment;

d) Convictions handed down and executions without prior trial before a legitimately constituted court, with judicial guarantees recognized as indispensable by civilized peoples.

2) The wounded and sick will be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

Furthermore, the Parties to the conflict shall endeavor to enforce, through special agreements, all or part of the other provisions of this Agreement.

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

Article 4 - Definition of protected persons

This Convention protects persons who, at any time and in whatever manner, are, in the event of conflict or occupation, in the power of a Party to the conflict or of an occupying Power of which they are not subjects.

The Convention does not protect the subjects of a State that is not a party to it. The subjects of a neutral State who are in the territory of a belligerent State and the subjects of a co-belligerent State shall not be considered as protected persons, as long as the State of which they are subjects has normal diplomatic representation before the State in whose power they are.

However, the provisions of Title II have a broader scope of application, defined in Article 13.

Persons protected by the Geneva Convention of August 12, 1949 for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field or by the Geneva Convention of August 12, 1949 for the Amelioration of the Condition of Workers wounded, sick and shipwrecked in the armed forces at sea or by the Geneva Convention of August 12, 1949 relative to the treatment of prisoners of war, shall not be considered to be protected persons within the meaning of this Convention.

Article 5 - Repeals

If, in the territory of a Party to the conflict, the latter has serious reasons to consider that a person protected by this Convention is reasonably suspected of engaging in activities prejudicial to the security of the State, or if it is shown that he is engaged, in fact, to said activities, such person may not be protected by the rights and privileges conferred by this Agreement which, if applied in their favor, could cause damage to the security of the State.

If, in an occupied territory, a person protected by the Convention is captured as a spy or saboteur, or because it is reasonably suspected that he is engaged in activities harmful to the security of the occupying Power, that person may be deprived of the rights of communication provided in this Convention, in the cases in which military security requires it.

However, in each of these cases, such persons will always be treated humanely and, in the case of judicial proceedings, they will not be deprived of their right to a fair and legitimate process, as provided in this Agreement. They shall likewise regain the benefit of all the rights and privileges of a protected person, in the sense of this Convention, as soon as possible, taking into account the security of the State or the occupying Power, as the case may be.

Article 6 - Beginning and end of application

This Convention shall apply from the beginning of any conflict or occupation mentioned in article 2.

In the territory of the Parties to the conflict, the application of the Convention shall end with the general cessation of military operations.

In occupied territory, the application of the Convention will end one year after the general cessation of military operations; however, the occupying Power shall be bound for the duration of the occupation - if this Power exercises the functions of government in the territory in question - by the provisions of the following articles of this Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77 and 143.

Protected persons, whose release, repatriation or resettlement takes place after these periods, will enjoy, in the interval, the benefits of this Agreement.

Article 7 - Special agreements

Apart from the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements on any matter that