0031-0330 irl.qxd
94
2.3.2009
14:19
Page 94
THIRD GENEVA CONVENTION OF 1949
where diplomatic relations exist between the Parties to the
conflict and the neutral or non-belligerent Power concerned,
those Articles concerning the Protecting Power. Where such
diplomatic relations exist, the Parties to a conflict on whom
these persons depend shall be allowed to perform towards
them the functions of a Protecting Power as provided in the
present Convention, without prejudice to the functions which
these Parties normally exercise in conformity with diplomatic
and consular usage and treaties.
C. This Article shall in no way affect the status of medical
personnel and chaplains as provided for in Article 33 of the present
Convention.
Beginning
and end of
application
ART. 5. — The present Convention shall apply to the persons
referred to in Article 4 from the time they fall into the power of the
enemy and until their final release and repatriation.
Should any doubt arise as to whether persons having committed
a belligerent act and having fallen into the hands of the enemy
belong to any of the categories enumerated in Article 4, such
persons shall enjoy the protection of the present Convention until
such time as their status has been determined by a competent
tribunal.
Special
agreements
ART. 6. — In addition to the agreements expressly provided for in
Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122
and 132, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall
adversely affect the situation of prisoners of war, as defined by the
present Convention, nor restrict the rights which it confers upon
them.
Prisoners of war shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of
the Parties to the conflict.
Nonrenunciation
of rights
ART. 7. — Prisoners of war may in no circumstances renounce in
part or in entirety the rights secured to them by the present
Convention, and by the special agreements referred to in the
foregoing Article, if such there be.
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