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Persons protected under the Fourth Geneva
Convention are:
Art. 3.
In the case of armed conflict not of an
international character occurring in the
territory of one of the High Contracting
Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following
provisions:
(1)
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, colour, 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;
(c)
outrages upon personal dignity, in
particular humiliating and degrading
treatment;
(d)
the passing of sentences and the
carrying out of executions without
previous judgment pronounced by a
regularly constituted court, affording
all the judicial guarantees which are
recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall 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.
The Parties to the conflict should further
endeavour to bring into force, by means of
special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions
shall not affect the legal status of the
Parties to the conflict.
Art. 4.
Persons protected by the Convention are those
who, at a given moment and in any manner
whatsoever, find themselves, in case of a
conflict or occupation, in the hands of a Party
to the conflict or Occupying Power of which they
are not nationals.
Nationals of a State which is not bound by the
Convention are not protected by it. Nationals of
a neutral State who find themselves in the
territory of a belligerent State, and nationals
of a co-belligerent State, shall not be regarded
as protected persons while the State of which
they are nationals has normal diplomatic
representation in the State in whose hands they
are.
The
provisions of Part II are, however, wider in
application, as defined in Article 13.
Persons protected by the Geneva Convention for
the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of 12
August 1949, or by the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea
of 12 August 1949, or by the Geneva Convention
relative to the Treatment of Prisoners of War of
12 August 1949, shall not be considered as
protected persons within the meaning of the
present Convention.
Art. 5.
Where in the territory of a Party to the
conflict, the latter is satisfied that an
individual protected person is definitely
suspected of or engaged in activities hostile to
the security of the State, such individual
person shall not be entitled to claim such
rights and privileges under the present
Convention as would, if exercised in the favour
of such individual person, be prejudicial to the
security of such State.
Where
in occupied territory an individual protected
person is detained as a spy or saboteur, or as a
person under definite suspicion of activity
hostile to the security of the Occupying Power,
such person shall, in those cases where absolute
military security so requires, be regarded as
having forfeited rights of communication under
the present Convention.
In
each case, such persons shall nevertheless be
treated with humanity and, in case of trial,
shall not be deprived of the rights of fair and
regular trial prescribed by the present
Convention. They shall also be granted the full
rights and privileges of a protected person
under the present Convention at the earliest
date consistent with the security of the State
or Occupying Power, as the case may be.
Art. 6.
The present Convention shall apply from the
outset of any conflict or occupation mentioned
in Article 2.
In the
territory of Parties to the conflict, the
application of the present Convention shall
cease on the general close of military
operations.
In the
case of occupied territory, the application of
the present Convention shall cease one year
after the general close of military operations;
however, the Occupying Power shall be bound, for
the duration of the occupation, to the extent
that such Power exercises the functions of
government in such territory, by the provisions
of the following Articles of the present
Convention: 1 to 12, 27, 29 to 34, 47, 49, 51,
52, 53, 59, 61 to 77, 143.
Protected persons
whose release, repatriation or re-establishment
may take place after such dates shall meanwhile
continue to benefit by the present Convention.
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