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FOURTH GENEVA CONVENTION OF 1949
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:
a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.
Definition of
protected
persons
ART. 4. — Persons protected by the Convention are those who at
a given moment and in any manner whatsoever, find themselves, in
case of a conflict or occupation, in the hands of persons a Party to
the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not
protected by it. Nationals of a neutral State who find themselves in
the territory of a belligerent State, and nationals of a co-belligerent
State, shall not be regarded as protected persons while the State of
which they are nationals has normal diplomatic representation in
the State in whose hands they are.
The provisions of Part II are, however, wider in application, as
defined in Article 13.
Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, or by the Geneva Convention
for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea of August 12, 1949,