0031-0330 irl.qxd
2.3.2009
14:20
Page 173
PROTECTION OF CIVILIAN PERSONS
173
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 applies to substitute organizations
in the sense of the present Article.
The provisions of this Article shall extend and be adapted to
cases of nationals of a neutral State who are in occupied territory or
who find themselves in the territory of a belligerent State in which
the State of which they are nationals has not normal diplomatic
representation.
ART. 12. — 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, and in
particular of the authorities responsible for protected persons,
possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them
Conciliation
procedure