0031-0330 irl.qxd
2.3.2009
14:19
Page 67
WOUNDED, SICK AND SHIPWRECKED
67
concerned, undertake for the protection of wounded, sick and
shipwrecked persons, medical personnel and chaplains, and for
their relief.
ART. 10. — The High Contracting Parties may at any time agree
to entrust to an organization which offers all guarantees of
impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and
chaplains do not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an organization
provided for in the first paragraph above, the Detaining Power shall
request a neutral State, or such an organization, to undertake the
functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power, or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the whole,
or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a
Protecting Power, such mention also applies to substitute
organizations in the sense of the present Article.
Substitutes
for Protecting
Powers
ART. 11. — In cases where they deem it advisable in the interest
of protected persons, particularly in cases of disagreement between
the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
Conciliation
procedure