Search Tips
sorted by
30 shown of 84 entities
The Arms Trade Treaty 2013, para. 7
- Paragraph text
- The respect for the legitimate interests of States to acquire conventional arms to exercise their right to self-defence and for peacekeeping operations; and to produce, export, import and transfer conventional arms;
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Mar 10, 2020
Paragraph
The Arms Trade Treaty 2013, para. k
- Paragraph text
- Recognizing also the challenges faced by victims of armed conflict and their need for adequate care, rehabilitation and social and economic inclusion,
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Mar 10, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: (c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 10. The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 13. The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: (i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (iii) Taking of hostages; (iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Date modified
- Mar 10, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; (vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army; (xii) Declaring that no quarter will be given; (xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war; (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war; (xvi) Pillaging a town or place, even when taken by assault; (xvii) Employing poison or poisoned weapons; (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123; (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 28. The presence of a protected person may not be used to render certain points or areas immune from military operations.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2e
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (v) Pillaging a town or place, even when taken by assault; (vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions; (vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities; (viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand; (ix) Killing or wounding treacherously a combatant adversary; (x) Declaring that no quarter will be given; (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 1998
- Date modified
- Mar 10, 2020
Paragraph
ICCPR - International Covenant on Civil and Political Rights 1966, para. 1
- Paragraph text
- 1. Any propaganda for war shall be prohibited by law.
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 1966
- Date modified
- Mar 10, 2020
Paragraph
ICCPR - International Covenant on Civil and Political Rights 1966, para. 1
- Paragraph text
- 1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1966
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 22. Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949. Unless agreed otherwise, flights over enemy or enemy occupied territory are prohibited. Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 39. Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are. Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents. Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 59. If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection. A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 75. In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. No death sentence shall be carried out before the expiration of a period of a least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve. The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 55. To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 70. Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 15. Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction: (a) wounded and sick combatants or non-combatants; (b) civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character. When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 19. The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 68. Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period. The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty against a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began. The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 73. A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 105. The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 36. Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. 1 (c)
- Paragraph text
- Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 40. Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are. If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations. In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 121. Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 84. A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph