Legal encyclopedia. Letter F

THE GENEVA CONVENTION ON IMPROVING THE PARTICIPATION OF FELLOW AND PATIENTS WITH ACTUAL ARMY

The Convention was signed in Geneva on August 12, 1949.

The Convention applies in such cases as:

1) declaration of war or any other armed conflict arising between two or more High Contracting Parties (hereinafter "the Parties"), even if one of them does not recognize the state of war;

2) the occupation of all or part of the territory of the Party, even if this occupation does not meet with any armed resistance.

The Convention establishes and guarantees the protection of persons who do not directly take part in hostilities, including those members of the armed forces who lay down their arms, as well as those who ceased to take part in hostilities due to illness, injury,

Detention or for any other reason. This category of persons must be treated humanely without any discrimination based on race, color, religion or belief, sex, origin. In this regard, it is forbidden:

1) encroachment on life and physical integrity;

2) taking of hostages;

3) encroachment on human dignity;

4) conviction and application of punishment without a preliminary court decision rendered by a properly established court, with judicial guarantees deemed necessary by civilized nations.

The Convention extends to protected persons who have fallen into the hands of the enemy, until their final repatriation.

It is used when acting under the control and supervision of the Protecting Powers, which are entrusted with the protection of the interests of the parties in conflict.

The Convention applies to injured and sick persons belonging to the following

Categories:

1) the personnel of the armed forces of the Party in conflict, as well as the personnel of the militia and the volunteer detachments forming part of these armed forces;

2) the personnel of other militias and volunteer detachments, including the personnel of organized resistance movements belonging to the Party in conflict and operating on their own territory or outside it, if these militias and volunteer detachments are headed by the person responsible for their subordinates, Have a distinctive sign, openly carry arms, observe the laws and customs of war;

3) the personnel of the regular armed forces, who consider themselves subordinate to the government or the authorities, not recognized as captive Powers.

4) persons following the armed forces, but not directly part of them (for example, civilians entering into the crews of military aircraft, military correspondents, etc.), provided that they have received permission from the armed forces that they Accompany;

5) crew members of merchant marine vessels,

Including captains, pilots and young men, and civil aviation crews of Parties to the conflict who do not enjoy more concessional;

6) the population of unoccupied territory, which, when the enemy approaches, spontaneously takes up arms to fight invading forces, without having had time to form regular troops, if it has open arms and observes the laws and customs of war.

The wounded and sick of the belligerent party, who are in the power of the enemy, are considered prisoners of war, and the norms of international law on prisoners of war are applied to them.

The Convention recommends that Parties to the conflict establish sanitary zones and terrains on their own territory and, if necessary, in the occupied territory. The draft agreement on sanitary zones and localities is contained in Annex 1 of the Convention.

According to Art. 24 The following persons enjoy protection and protection:

1) Sanitary personnel intended solely for the purpose of tracing and picking up, transporting or treating the wounded and sick or for preventing

Diseases, belonging exclusively to the administration of sanitary units and institutions;

2) priests, who are members of the armed forces.

This staff is equated with the personnel of national Red Cross Societies and other voluntary aid societies, subject to the subordination of the personnel of these societies to military laws and orders.

The property of mobile medical units of the armed forces, as well as transport with the wounded and sick, who fall into the hands of the enemy, are protected and protected. This property is used to care for the wounded and sick.