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SECOND GENEVA CONVENTION OF 1949
prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
II.
Grave
breaches
ART. 51. — 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 Convention: wilful
killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of
property, not justified by military necessity and carried out
unlawfully and wantonly.
III.
Responsibilities of the
Contracting
Parties
ART. 52. — No High Contracting Party shall be allowed to
absolve itself or any other High Contracting Party of any liability
incurred by itself or by another High Contracting Party in respect
of breaches referred to in the preceding Article.
Enquiry
procedure
ART. 53. — At the request of a Party to the conflict, an enquiry
shall be instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire,
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the
conflict shall put an end to it and shall repress it with the least
possible delay.
Final Provisions
Languages
ART. 54. — The present Convention is established in English and
in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of
the Convention to be made in the Russian and Spanish languages.