0031-0330 irl.qxd
2.3.2009
14:20
Page 185
PROTECTION OF CIVILIAN PERSONS
185
SECTION III
OCCUPIED TERRITORIES
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.
Inviolability
of rights
ART. 48. — Protected persons who are not nationals of the Power
whose territory is occupied, may avail themselves of the right to leave
the territory subject to the provisions of Article 35, and decisions
thereon shall be taken according to the procedure which the
Occupying Power shall establish in accordance with the said Article.
Special
cases of
repatriation
ART. 49. — Individual or mass forcible transfers, as well as
deportations of protected persons from occupied territory to the
territory of the Occupying Power or to that of any other country,
occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or
partial evacuation of a given area if the security of the population or
imperative military reasons so demand. Such evacuations may not
involve the displacement of protected persons outside the bounds of
the occupied territory except when for material reasons it is
impossible to avoid such displacement. Persons thus evacuated shall
be transferred back to their homes as soon as hostilities in the area
in question have ceased.
The Occupying Power undertaking such transfers or evacuations
shall ensure, to the greatest practicable extent, that proper
accommodation is provided to receive the protected persons, that
the removals are effected in satisfactory conditions of hygiene,
health, safety and nutrition, and that members of the same family
are not separated.
The Protecting Power shall be informed of any transfers and
evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an
area particularly exposed to the dangers of war unless the security
of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its
own civilian population into the territory it occupies.
Deportations,
transfers,
evacuations