Annex A
1949 GENEVA CONVENTION
IV
Articles 54-64
Art 54. The Occupying Power may not alter
the status of public officials or judges in the occupied territories,
or in any way apply sanctions to or take any measures of coercion
or discrimination against them, should they abstain from fulfilling
their functions for reasons of conscience.
This prohibition does not prejudice the application
of the second paragraph of Art 51. It does not affect the right
of the Occupying Power to remove public officials from their posts.
Art 55. To the fullest extent of the means
available to it, the Occupying Power has the duty of ensuring
the food and medical supplies of the population; it should, in
particular, bring in the necessary foodstuffs, medical stores
and other articles if the resources of the occupied territory
are inadequate.
The Occupying Power may not requisition foodstuffs,
articles or medical supplies available in the occupied territory,
except for use by the occupation forces and administration personnel,
and then only if the requirements of the civilian population have
been taken into account. Subject to the provisions of other international
Conventions, the Occupying Power shall make arrangements to ensure
that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be
at liberty to verify the state of the food and medical supplies
in occupied territories, except where temporary restrictions are
made necessary by imperative military requirements.
Art 56. To the fullest extent of the means
available to it, the Occupying Power has the duty of ensuring
and maintaining, with the cooperation of national and local authorities,
the medical and hospital establishments and services, public health
and hygiene in the occupied territory, with particular reference
to the adoption and application of the prophylactic and preventive
measures necessary to combat the spread of contagious diseases
and epidemics. Medical personnel of all categories shall be allowed
to carry out their duties.
If new hospitals are set up in occupied territory
and if the competent organs of the occupied State are not operating
there, the occupying authorities shall, if necessary, grant them
the recognition provided for in Art 18. In similar circumstances,
the occupying authorities shall also grant recognition to hospital
personnel and transport vehicles under the provisions of Articles
20 and 21.
In adopting measures of health and hygiene and
in their implementation, the Occupying Power shall take into consideration
the moral and ethical susceptibilities of the population of the
occupied territory.
Art 57. The Occupying Power may requisition
civilian hospitals only temporarily and only in cases of urgent
necessity for the care of military wounded and sick, and then
on condition that suitable arrangements are made in due time for
the care and treatment of the patients and for the needs of the
civilian population for hospital accommodation.
The material and stores of civilian hospitals
cannot be requisitioned so long as they are necessary for the
needs of the civilian population.
Art 58. The Occupying Power shall permit
ministers of religion to give spiritual assistance to the members
of their religious communities.
The Occupying Power shall also accept consignments
of books and articles required for religious needs and shall facilitate
their distribution in occupied territory.
Art 59. If the whole or part of the population
of an occupied territory is inadequately supplied, the Occupying
Power shall agree to relief schemes on behalf of the said population,
and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either
by States or by impartial humanitarian organizations such as the
International Committee of the Red Cross, shall consist, in particular,
of the provision of consignments of foodstuffs, medical supplies
and clothing.
All Contracting Parties shall permit the free
passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments
on their way to territory occupied by an adverse Party to the
conflict shall, however, have the right to search the consignments,
to regulate their passage according to prescribed times and routes,
and to be reasonably satisfied through the Protecting Power that
these consignments are to be used for the relief of the needy
population and are not to be used for the benefit of the-Occupying
Power.
Art 60. Relief consignments shall in no
way relieve the Occupying Power of any of its responsibilities
under Articles 55, 56 and 59. The Occupying Power shall in no
way whatsoever divert relief consignments from the purpose for
which they are intended, except in cases of urgent necessity,
in the interests of the population of the occupied territory and
with the consent of the Protecting Power.
Art 61. The distribution of the relief consignments
referred to in the foregoing Articles shall be carried out with
the cooperation and under the supervision of the Protecting Power.
This duty may also be delegated, by agreement between the Occupying
Power and the Protecting Power, to a neutral Power, to the International
Committee of the Red Cross or to any other impartial humanitarian
body.
Such consignments shall be exempt in occupied
territory from all charges, taxes or customs duties unless these
are necessary in the interests of the economy of the territory.
The Occupying Power shall facilitate the rapid distribution of
these consignments.
All Contracting Parties shall endeavour to permit
the transit and transport, free of charge, of such relief consignments
on their way to occupied territories.
Art 62. Subject to imperative reasons of
security, protected persons in occupied territories shall be permitted
to receive the individual relief consignments sent to them.
Art 63. Subject to temporary and exceptional
measures imposed for urgent reasons of security by the Occupying
Power:
(a) recognized National Red Cross (Red Crescent,
Red Lion and Sun) Societies shall be able to pursue their activities
in accordance with Red Cross principles, as defined by the International
Red Cross Conferences. Other relief societies shall be permitted
to continue their humanitarian activities under similar conditions;
(b) the Occupying Power may not require
any changes in the personnel or structure of these societies,
which would prejudice the aforesaid activities.
The same principles shall apply to the activities
and personnel of special organizations of a non-military character
which already exist or which may be established, for the purpose
of ensuring the living conditions of the civilian population by
the maintenance of the essential public utility services, by the
distribution of relief and by the organization of rescues.
Art 64. The penal laws of the occupied territory
shall remain in force, with the exception that they may be repealed
or suspended by the Occupying Power in cases where they constitute
a threat to its security or an obstacle to the application of
the present Convention. Subject to the latter consideration and
to the necessity for ensuring the effective administration of
justice, the tribunals of the occupied territory shall continue
to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the
population of the occupied territory to provisions which are essential;
to enable the Occupying Power to fulfil its obligations under
the present Convention, to maintain the orderly government of
the territory, and to ensure the security of the Occupying Power,
of the members and property of the occupying forces or administration,
and likewise of the establishments and lines of communication
used by them.
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