Legal Encyclopedia. Letter F

Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949

The Convention shall apply to the following cases:

1) a declaration of war or any other armed conflict which may arise between two or more High Contracting Parties (hereinafter -Storonami);

2) the occupation of the whole or part of the territory of a party.

Application of the Convention of the Parties to cease on the general close of military operations (in the occupied territory - a year later).

The main principles of the Convention are:

1) non-discrimination on grounds of race, color, religion or faith, sex, birth or wealth, to persons who are not directly taking

participation in hostilities. In connection with this principle prohibited

violence to life and physical integrity of the person, the taking of hostages, outrages upon personal dignity, sentences and the carrying out of executions without previous judgment;

2) provision of the International Society of the Red Cross humanitarian aid to the wounded and sick.

Convention guarantees the protection of persons who are in the case of a conflict or occupation, in the power of the conflicting parties or Occupying Power of which they are not.

Section 2 of the Convention contains provisions of a general nature of the protection of the population from certain consequences of war. Parties are encouraged to create on its own territory or in occupied territories sanitary and safety zones and localities for the wounded and sick, the disabled, the elderly, children under 15 years of age, pregnant women and mothers with children up to 7 years of age.

In addition, the parties may conclude local agreements for the evacuation of the besieged

or encircled areas of wounded and sick, the disabled, the elderly, children and pregnant women, to place them in civilian hospitals.

Further, the Convention established the status of the so-called protected persons.

Protected persons are entitled to respect for their persons, their honor, their family rights, their religious beliefs and rituals, habits and customs. They should not apply measures of physical or moral coercion. These persons enjoy the same rights as nationals of the Parties, except in cases envisaged by the Convention. So,

protected person has no right to leave the territory of the conflict, unless such departure is contrary to the national interests of the country.

At the internment of protected persons The Parties shall ensure that their content (Ch. 3, Sec. 4), as well as to provide them with medical care required by their state of health. Internees persons authorized to communicate with the outside world by sending and receiving emails, postcards, individual and collective parcels. In this correspondence imposed censorship.

The Convention contains general provisions on criminal and disciplinary sanctions.

In accordance with Art. 117 Convention if laws, regulations or orders stated that the acts committed by internees, punishable, whereas the same actions do not entail penalties for non-internees, they may result in disciplinary action only.

On interned following disciplinary sanctions may be imposed:

1) fine;

2) Loss of privileges granted over and above that provided by the Convention;

3) Fatigue duties not exceeding two hours a day, and work-related content of the camp;

4) arrest.

For serving disciplinary internees can not be sent to correctional institutions.

On the basis of Art. 129 Convention mentioned persons may transfer their wills to the authorities responsible for storage.

In the case of the death of an internee his will immediately transferred to the persons specified in the will.

Deaths internees shall be buried in individual graves, except when they need to be buried in a mass grave. The bodies may be burned only if it is necessary based on the health requirements or the requirements of the religion to which the deceased belonged, or if the latter so wish.

In the event of termination of the reasons for the internment of persons, as well it should be released after the end of hostilities. Parties at the end of hostilities or occupation should endeavor to facilitate the return of all internees in their place of residence, or to facilitate their repatriation.