0031-0330 irl.qxd
2.3.2009
14:19
Page 39
WOUNDED AND SICK
39
When wounded and sick, 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.
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 Parties
to the conflict a meeting of their representatives, in particular of the
authorities responsible for the wounded and sick, members of medical
personnel and chaplains, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers may,
if necessary, propose for approval by the Parties to the conflict a
person belonging to a neutral Power or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such
a meeting.
Conciliation
procedure