0031-0330 irl.qxd
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Page 184
FOURTH GENEVA CONVENTION OF 1949
boards mentioned in the first paragraph of the present Article shall
also, subject to the same conditions, be notified as rapidly as
possible to the Protecting Power.
VII.
Refugees
ART. 44. — In applying the measures of control mentioned in the
present Convention, the Detaining Power shall not treat as enemy
aliens exclusively on the basis of their nationality de jure of an
enemy State, refugees who do not, in fact, enjoy the protection of
any government.
VIII.
Transfer to
another
Power
ART. 45. — Protected persons shall not be transferred to a Power
which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the
repatriation of protected persons, or to their return to their country
of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power
only to a Power which is a party to the present Convention and after
the Detaining Power has satisfied itself of the willingness and ability
of such transferee Power to apply the present Convention. If
protected persons are transferred under such circumstances,
responsibility for the application of the present Convention rests on
the Power accepting them, while they are in its custody.
Nevertheless, if that Power falls to carry out the provisions of the
present Convention in any important respect, the Power by which
the protected persons were transferred shall, upon being so notified
by the Protecting Power, take effective measures to correct the
situation or shall request the return of the protected persons. Such
request must be complied with.
In no circumstances shall a protected person be transferred to a
country where he or she may have reason to fear persecution for his
or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before
the outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.
Cancellation
of restrictive
measures
ART. 46. — In so far as they have not been previously withdrawn,
restrictive measures taken regarding protected persons shall be
cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled,
in accordance with the law of the Detaining Power, as soon as
possible after the close of hostilities.