Implementation of the Geneva Conventions Act

11. Appeals by protected prisoners of war and protected internees 12. 13. Protected prisoners of war in custody Reduction of sentence CHAPTER 5 USE AND PROTECTION OF EMBLEMS 14. Protection of flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia and uniforms Seizure of certain articles or things

15. Offences and penalties 16.

17. Use of Red Cross by South African National Defence Force 18. International Committee of the Red Cross and the International Federation of the Red Cross and Red Crescent Societies CHAPTER 6 GENERAL PROVISIONS 19. 20. 21. Regulations Effect of Act on Implementation of the Rome Statute of the International Criminal Court Act, 2002 Short title and commencement SCHEDULE 1 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (First Convention) SCHEDULE 2 5 10 15 20 Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949 (Second Convention) 25 SCHEDULE 3 Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949 (Third Convention) SCHEDULE 4 Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 30 12 August 1949 (Fourth Convention) SCHEDULE 5 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 5 Ino 8 ka 2012

16. The State may seize any article or thing used in contravention of this Act, and Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the changes required by the context in respect of any such article or thing. Use of Red Cross by South African National Defence Force 17. (1) Subject to the direction of the Minister, the Military Health Services of the South African National Defence Force must, both in peacetime and in time of armed conflict, use the Red Cross to mark its medical personnel, medical units and transports on the ground, at sea and in the air, and all other equipment in its use. (2) Personnel of the Military Health Services and Religious Personnel of the South African National Defence Force must wear armlets and carry identity cards issued by South African National Defence Force displaying the Red Cross. (3) The Minister may request the National Society referred to in section 2 of the South African Red Cross Society Act to place medical personnel and resources at the disposal of the Military Health Services of the South African National Defence Force. (4) The medical personnel and resources contemplated in subsection (3) are subject to military laws and regulations and may be authorised by the Minister of Defence to display the Red Cross as a protective device. International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies 18. (1) The International Committee of the Red Cross and the International Federation of the Red Cross and Red Crescent Societies may make use of the emblems contemplated in section 14(1)(a) and (b) at any time and for all their activities. (2) (a) The International Committee of the Red Cross and the International Federation of the Red Cross and Red Crescent Societies, and their duly authorised personnel, may make use of the red crystal to facilitate their work if there is sufficient reason for such use. (b) For the purposes of paragraph (a) the red crystal means the emblem in red on, and completely surrounded by, a white ground, that is to say, a red frame in the shape of a square on edge (whether or not incorporating within its centre another emblem or sign 5 10 15 20 25 30 35 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 21 Ino 8 ka 2012 Izenzo ezikukwaphul’ umthetho nezohlwayo 15. (1) Nawuphi na umntu owaphula isiqendu 13 okanye ongakwenziyo okufunwa siso waphul’ umthetho, kwaye esakufunyaniswa enetyala uya kugwetywa ifayini okanye ukuvalelwa entolongweni ixesha elingagqithiyo kwiminyaka emihlanu, okanye agwetywe kokubini ifayini nokuvalelwa entolongweni. (2) (a) Xa kwaphulwe umthetho njengoko kuxelwe kwisiqendwana (1) ekuthi ngenxa yoko kufuneke ukuba iqumrhu elithile labantu litshutshiswe, nawuphi na umntu, ngexesha lokwaphulwa komthetho, owayengumlawuli okanye elilungu lesigqeba esiphetheyo selo qumrhu, kwaye enolwazi ngoko kwaphulwa komthetho okanye ebenayo indlela yokukuthintela, waphul’umthetho, ekunye nequmrhu elo okanye eyedwa, kwaye esakufunyaniswa enetyala uya kufumana isohlwayo esixelwe kweso siqendwana (1). (b) Isiqendu 332 seCriminal Procedure Act 51 ka-1977, ngaphandle kwesiqendwana (2)(c), (5), (7), (8) nese-(9), siyasebenza, kubekho nje utshintsho olunokuthi lufuneke, mayela nokutshutshiswa kwequmrhu okanye komlawuli okanye kwelungu lesigqeba esiphetheyo sequmrhu ngokwaphulwa komthetho okuxelwe kwesi siqendu. 5 10 15 Ukuthathwa kwento ethile

10. Ukumelwa ligqwetha 11. Izibheno zamaxhoba athinjw’ emfazweni akhuselweyo nezamabanjwa akhuse- lweyo

12. Amaxhoba athinjw’ emfazweni akhuselweyo aseluvalelweni

13. Ukuncitshiswa kwesigwebo ISAHLUKO 5 UKUSETYENZISWA KWEMIFUZISELO NOKUKHUSELWA KWAYO

14. Ukukhuselwa kweeflegi, imifuziselo, amagama ewonga, imibhalo, imiqo- imiyilo, uyilo-magama, amakhadi ofaniso, amakhadi engcombolo, ndiso, iibheji neeyunifomu Izenzo ezikukona nezohlwayo 15.

16. Ukuthathwa kwempahla ethile okanye izinto ezithile

17. Ukusetyenziswa koMnqamlezo Obomvu nguMkhosi Wokhuselo weZwelonke 18. woMzantsi-Afrika IKomiti Yamazwe Ngamazwe yoMnqamlezo Obomvu kunye noMfelanda- wonye Wamazwe Ngamazwe woMnqamlezo Obomvu naMazwe eGophe Elibomvu ISAHLUKO 6 OKUTSHIWO NGULO MTHETHO NGOKUBANZI 5 10 15 19. 20. 21. Imimiselo Isiphumo onaso lo Mthetho kwi-Implementation of the Rome Statute of the International Criminal Court Act ka-2002 Igama lawo elifutshane nokuqalisa kwawo ukusebenza 20 ISIHLOMELO 1 ISivumelwano saseGeneva Sokuthonyalaliswa Kwemeko Yabangxwelerhekileyo Nabagulayo Kwimikhosi Exhobileyo Ethafeni Ledabi, somhla we-12 kuAgasti 1949 (iSivumelwano soKuqala) 25 ISIHLOMELO 2 ISivumelwano saseGeneva Sokuthonyalaliswa Kwemeko Yamalungu Angxwele- rhekileyo, Agulayo Naphukelwe Yinqanawa Kwimikhosi Exhobileyo Elwandle, somhla we-12 kuAgasti 1949 (iSivumelwano seSibini) 30 ISIHLOMELO 3 ISivumelwano saseGeneva Esiphathelele Kwimpatho Yamaxhoba Athinjw’ Emfa- zweni , somhla we-12 kuAgasti 1949 (iSivumelwano seSithathu) ISIHLOMELO 4 35 ISivumelwano saseGeneva Esiphathelele Ekukhuselweni Kwabantu Abange- ngomajoni Ngexesha Lemfazwe, somhla we-12 kuAgasti 1949 (iSivumelwano seSine) ISIHLOMELO 5 ISongezelelo kwiZivumelwano zaseGeneva zomhla we-12 kuAgasti 1949, Eziphathelele Ekukhuselweni Kwamaxhoba oNgquzulwano Lwamazwe Ngamazwe Kuxhotyiwe (iSongezelelo 1) ekwavunyelwana ngaso eGeneva ngomhla wesi-8 kuJuni 1977 40 6 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULE 6 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977 Definitions

1. In this Act, unless the context indicates otherwise— ‘‘Constitution’’ means the Constitution of the Republic of South Africa, 1996; ‘‘Conventions’’ means the First Convention, the Second Convention, the Third Convention, the Fourth Convention, Protocol I and Protocol II; ‘‘court’’— (a) means a provincial division of the High Court or a court of similar status; and in the case of a member of the South African National Defence Force who (b) contravenes or fails to comply with this Act while in service or on duty, includes a military court contemplated in section 1 of the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), but excludes an Officer Commanding disciplinary hearing; ‘‘First Convention’’ means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, which is set out in Schedule 1 and was signed by the Republic on 12 August 1949 and ratified by the Republic on 31 March 1952; ‘‘Fourth Convention’’ means the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, which is set out in Schedule 4 and was signed by the Republic on 12 August 1949 and ratified by the Republic on 31 March 1952; ‘‘Minister’’ means the Minister of Defence and Military Veterans; ‘‘National Director of Public Prosecutions’’ means the person contemplated in section 179 (1)(a) of the Constitution and appointed in terms of section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998); ‘‘prisoners’ representative’’, in relation to a particular protected prisoner of war, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a prisoner of war; ‘‘protected internee’’ means a person who is interned in the Republic and who is protected by the Fourth Convention; ‘‘protected prisoner of war’’ means a person protected by the Third Convention or a person who is protected as a prisoner of war under Protocol I; ‘‘protecting power’’, in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to protecting powers under the Third Convention or Protocol I, as the case may be; ‘‘Protocol I’’ means the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, adopted at Geneva on 10 June 1977, which is set out in Schedule 5 and was signed by the Republic on 8 June 1977 and ratified by the Republic on 21 November 1995; ‘‘Protocol II’’ means the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, adopted at Geneva on 8 June 1977, which is set out in Schedule 6 and was signed by the Republic on 8 June 1977 and ratified by the Republic on 21 November 1995; ‘‘Second Convention’’ means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 5 10 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 7 Ino 8 ka 2012 ISIHLOMELO 6 ISongezelelo kwiZivumelwano zaseGeneva zomhla we-12 kuAgasti 1949, Eziphathelele Ekukhuselweni Kwamaxhoba oNgquzulwano Olungelulo Olwamazwe Ngamazwe Kuxhotyiwe (iSongezelelo II), ekwavunyelwana ngaso eGeneva ngomhla wesi-8 kuJuni 1977 Ukuchazwa kwamagama

1. Kulo Mthetho, ngaphandle kokuba okunye okubhaliweyo kuwo kubonisa ngenye indlela— ‘‘uMgaqo-siseko’’ nguMgaqo-siseko weRiphablikhi yoMzantsi-Afrika ka-1996; ‘‘iZivumelwano’’ siSivumelwano Sokuqala, neSivumelwano seSibini, neSivume- lwano seSithathu, neSivumelwano seSine, neSongezelelo 1 neSongezelelo II; ‘‘inkundla’’— (a) licandelo elikwiphondo leNkundla Ephakamileyo okanye inkundla ekwi- nqanaba elilingana nale, egqitywe nguMlawuli-Jikelele Wokutshutshiswa Koluntu eZweni Lonke; kuze kuthi (b) xa kulilungu loMkhosi Wokhuselo woMzantsi-Afrika weZwelonke elithi laphule lo Mthetho okanye elingakwenziyo okufunwa nguwo kodwa libe lisemsebenzini, ‘‘inkundla’’ iquka inkundla yomkhosi exelwe kwisiqendu 1 seMilitary Discipline Supplementary Measures Act 16 ka-1999, kodwa ayiquki iGosa Elongamele ukuchotshelwa kwetyala loluleko; ‘‘iSivumelwano Sokuqala’’ siSivumelwano saseGeneva Sokuthonyalaliswa Kwemeko Yabangxwelerhekileyo Nabagulayo KwiMikhosi Exhobileyo Edabini, esathi samkelwa eGeneva ngomhla we-12 kuAgasti 1949, esichazwe kwi- Sihlomelo 1, nesatyikitywa yiRiphablikhi ngomhla we-12 kuAgasti 1949, saza savunywa yiRiphablikhi ngomhla wama-31 kuMatshi 1952; ‘‘iSivumelwano seSine’’ siSivumelwano saseGeneva esiphathelele Ekukhu- selweni Kwabantu Abangengomajoni Ngexesha Lemfazwe, esamkelwa eGeneva ngomhla we-12 kuAgasti 1949, esichazwe kwiSihlomelo 4, saza satyikitywa yiRiphablikhi ngomhla we-12 kuAgasti 1949, saza savunywa yiRiphablikhi ngomhla wama-31 kuMatshi 1952; ‘‘uMphathiswa’’ nguMphatiswa Wokhuselo namaGqala oMkhosi; ‘‘uMlawuli Wokutshutshiswa Koluntu eZweni Lonke’’ ngumntu oxelwe kwisiqendu 179(1)(a) soMgaqo-siseko nomiselwe ngokwesiqendu 10 seNational Prosecuting Authority Act 32 ka-1998; ‘‘ummeli wamabanjwa’’, ngokuphathelele kwixhoba elithile elikhuselweyo elithinjw’ emfazweni, ngumntu ebisenziwa nguye imisebenzi yommeli wama- banjwa ngokwentsingiselo yesiqendu 79 seSivumelwano seSithathu ngokupha- thelele kwelo banjwa enkampini okanye kwindawo elalivalelwe kuyo elo banjwa njengexhoba elithinjw’ emfazweni, ngelo xesha okanye ngaphambi kwelo xesha; ‘‘ibanjwa elikhuselweyo’’ ngumntu ovalelwe kwiRiphablikhi kwaye ekhuselwe siSivumelwano seSine; ‘‘ixhosa elithinjw’ emfazweni elikhuselweyo’’ ngumntu okhuselwe siSivu- melwano seSithathu okanye umntu okhuselweyo njengexhoba elithinjw’ emfa- zweni ngokweSongezelelo I; ‘‘igunya elikhuselayo’’, ngokuphathelele kwixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo, ligunya lombutho othi ulisebenzise, ngokwemisebenzi eyabelwe abasemagunyeni abakhuselayo ngokweSivumelwano seSithathu okanye ngokweSongezelelo I; ‘‘iSongezelelo I’’ siSongezelelo kwiZivumelwano zaseGeneva zomhla we-12 kuAgasti 1949, nesiphathelele kwiNkuselo yamaXhoba oNgquzulwano Lwa- mazwe Ngamazwe Kuxhotyiwe, esamkelwa eGeneva ngomhla we-10 kuJuni 177, esichazwe kwiSihlomelo 5, nesatyikitywa yiRiphablikhi ngomhla wesi-8 kuJuni 1977, saza savunywa yiRiphablikhi ngomhla wama-21 kuNovemba 1995; ‘‘iSongezelelo II’’ siSongezelelo kwiZivumelwano zaseGeneva zomhla we-12 kuAgasti 1949, Eziphathelele kwiNkuselo yamaXhoba oNgquzulwano Olungelulo Olwamazwe Ngamazwe Kuxhotyiwe, esamkelwa eGeneva ngomhla wesi-8 kuJuni 1977, esichazwe kwiSihlomelo 5, nesatyikitywa ngomhla wesi-8 kuJuni 1977, saza savunywa yiRiphablikhi ngomhla wama-21 kuNovemba 1995; ‘‘iSivumelwano seSibini’’ siSivumelwano saseGeneva Sokuthonyalaliswa Kwemeko Yamalungu Angxwelerhekileyo, Agulayo Naphukelwe Yinqanawa 5 10 15 20 25 30 35 40 45 50 55 60 8 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 adopted at Geneva on 12 August 1949, which is set out in Schedule 2 and was signed by the Republic on 12 August 1949 and ratified by the Republic on 31 March 1952; ‘‘South African Red Cross Society Act’’ means the South African Red Cross Society and Legal Protection of Certain Emblems Act, 2007 (Act No. 10 of 2007); ‘‘Third Convention’’ means the Geneva Convention Relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, which is set out in Schedule 3 and was signed by the Republic on 12 August 1949 and ratified by the Republic on 31 March 1952; ‘‘this Act’’ includes any regulation made in terms of section 19. 5 10 OBJECTS OF ACT AND ENACTMENT OF CONVENTIONS INTO LAW CHAPTER 1 Objects of Act

2. The objects of this Act are to— (a) enact the Conventions into law as is required by section 231(4) of the 15 Constitution; (b) ensure that the Republic complies with the Conventions; and (c) ensure prevention of, and punishment for, breaches of the Conventions. Applicable law

3. In addition to the Constitution and the law, any court in the Republic hearing any matter arising from the application of this Act must also consider and, where, appropriate, may apply— (a) conventional international law; (b) customary international law; and (c) comparable foreign law. Enactment of Conventions into law 20 25 4. (1) Subject to the Constitution and this Act, the Conventions have the force of law in the Republic. (2) The Minister may by notice in the Gazette amend any of the Conventions to reflect any changes made to the Convention in question if those changes are binding on the Republic in terms of section 231 of the Constitution. 30 CHAPTER 2 BREACHES OF CONVENTIONS Breach of Conventions and penalties 5. (1) Any person who, whether within or outside the Republic, commits a grave 35 breach of the Conventions, is guilty of an offence. (2) For the purposes of subsection (1), ‘‘a grave breach’’ means— (a) a grave breach referred to in Article 50 of the First Convention; (b) a grave breach referred to in Article 51 of the Second Convention; (c) a grave breach referred to in Article 130 of the Third Convention; (d) a grave breach referred to in Article 147 of the Fourth Convention; or (e) a grave breach referred to in Article 11 or 85 of Protocol I. 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 9 Ino 8 ka 2012 eMikhosi Exhobileyo eLwandle, esamkelwa eGeneva ngomhla we-12 kuAgasti 1949, esichazwe kwiSihlomelo 2, nesatyikitywa yiRiphablikhi ngomhla we-12 kuAgasti 1949, saza savunywa yiRiphablikhi ngomhla wama-31 kuMatshi 1952; ‘‘iSouth African Red Cross Society Act’’ yiSouth African Red Cross Society and Legal Protection of Certain Emblems Act 10 ka-2007; ‘‘iSivumelwano esiphathelele seSithathu’’ kwiMpatho Yamaxhoba Athinjw’ eMfazweni, esamkelwa eGeneva ngomhla we-12 kuAgasti 1949, esichazwe kwiSihlomelo 3 nesatyikitywa yiRiphablikhi ngomhla we-12 kuAgasti 1949, saza savunywa yiRiphablikhi ngomhla wama-31 kuMatshi 1952; elithi ‘‘lo Mthetho’’ liquka nawuphi na ummiselo owenziwe ngokwesiqendu 19. siSivumelwano saseGeneva ISAHLUKO 1 IINJONGO ZALO MTHETHO NOKWENZIWA KWEZIVUMELWANO ZIBE NGUMTHETHO Iinjongo zalo Mthetho

2. Iinjongo zalo Mthetho— (a) Kukuzenza ezi Zivumelwano zibe ngumthetho njengoko kufunwa sisiqendu 231(4) soMgaqo-siseko; (b) kukuqinisekisa ukuba iRiphablikhi iyakwenza okufunwa zezi Zivumelwano; kunye (c) nokuqinisekisa ukuba kuyathintelwa ukwaphulwa kwezi Zivumelwano kwaye bayohlwaywa abazaphulayo. Umthetho osebenzayo

3. Ukongezelela kuMgaqo-siseko nomthetho, nayiphi na inkundla kwiRiphablikhi ephulaphule nawuphi na umcimbi ozalwa kukusetyenziswa kwalo Mthetho, mayithi kananjalo iqwalasele imithetho elandelayo kwaye isenokuthi, apho kufanelekileyo, iyisebenzise: (a) umthetho wamazwe ngamazwe oqhelekileyo; (b) umthetho wamazwe ngamazwe olisiko; no (c) umthetho welinye ilizwe ofana nowethu. Ukwenziwa kweZivumelwano zibe ngumthetho 4. (1) Ngokulawulwa nguMgaqo-siseko nangulo Mthetho, ezi Zivumelwano zinegunya lomthetho kwiRiphablikhi. (2) UMphathiswa unokuthi ngokwenza isihlokomiso kuShicilelo-Mithetho enze utshintsho nakwesiphi na kwezi Zivumelwano ukuze sibe notshintsho olwenziweyo kwiSivumelwano esithile ukuba olo tshintsho luyayinkqamangela iRiphablikhi ngokwesiqendu 231 soMgaqo-siseko. ISAHLUKO 2 UKWAPHULWA KWEZIVUMELWANO Ukwaphulwa kweZivumelwano nezohlwayo zoko 5 10 15 20 25 30 35 40 5. (1) Nawuphi na umntu, engaphakathi okanye engaphandle kweRiphablikhi, owaphula ezi Zivumelwano kakubi kakhulu, waphul’ umthetho. (2) Ngenjongo yokusebenza kwesiqendwana (1), amagama athi ‘ukwaphulwa okubi kakhulu’ athetha— (a) ukwaphulwa okubi kakhulu ekuthethwe ngako kwisiqendu 50 seSivume- 45 lwano Sokuqala; (b) ukwaphulwa okubi kakhulu ekuthethwe ngako kwiSiqendu 51 seSivume- lwano seSibini; (c) ukwaphulwa okubi kakhulu ekuthethwe ngako kwisiqendu 130 seSivume- lwano seSithathu; 50 (d) ukwaphulwa okubi kakhulu ekuthethwe ngako kwiSiqendu 147 seSivume- lwano seSine; okanye (e) ukwaphulwa okubi kakhulu ekuthethwe ngako kwisiqendu 11 okanye 85 seSongezelelo I. 10 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (3) Any person who within the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence. (4) Any citizen of the Republic who outside the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence. (5) A person convicted of an offence contemplated in subsection (1), (3) or (4) is liable to a fine or to imprisonment, including imprisonment for life, or to such imprisonment without the option of a fine or to both a fine and such imprisonment. Failure to prevent breaches of Conventions 6. (1) A military superior officer is guilty of an offence if— (a) forces under his or her effective command, authority and control, whether within or outside the borders of the Republic, commit a grave breach contemplated in section 5(1) or commit an offence contemplated in section 5(3) or (4); (b) he or she knew, or in the circumstances ought to have reasonably known, that the forces contemplated in paragraph (a) were committing such a grave breach or offence; and (c) he or she failed— (i) (ii) (iii) to exercise effective command, authority and control over the forces contemplated in paragraph (a); to take all necessary and reasonable measures within his or her power to prevent or repress the commission of any breach or offence contemplated in paragraph (a); or to submit the commission of the breach or offence contemplated in investigation and paragraph (a) prosecution. to the competent authorities for (2) Any person, whether within or outside the borders of the Republic, who fails to act when under a duty to do so in order to prevent the commission of a grave breach contemplated in section 5(1) or an offence contemplated in section 5(3) or (4) by any other person, is guilty of an offence. (3) A military superior officer convicted of an offence in terms of subsection (1) or a person convicted of an offence in terms of subsection (2), is liable to a fine or to imprisonment, including imprisonment for life, or to such imprisonment without the option of a fine or to both a fine and such imprisonment. 5 10 15 20 25 30 (4) For the purposes of this section, a ‘‘military superior officer’’ includes any 35 person— (a) acting as a military superior officer; or (b) in a superior position, including a civilian position, in relation to those forces. CHAPTER 3 JURISDICTION AND STATUS Jurisdiction 7. (1) Any court in the Republic may try a person for any offence under this Act in the same manner as if the offence had been committed in the area of jurisdiction of that court, notwithstanding that the act or omission to which the charge relates was committed outside the Republic. (2) The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice of South Africa and after consultation with the National Director of Public Prosecutions, in writing designate an appropriate Court to try a person contemplated in subsection (1). 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 11 Ino 8 ka 2012 (3) Nawuphi na umntu othi engaphakathi kwiRiphablikhi aphule okutshiwo zezi Zivumelwano okanye angakwenzi okutshiwo zizo, okungakhankanywanga kwisiqe- ndwana (2), waphul’ umthetho. (4) Nawuphi na ummi weRiphablikhi othi engaphandle kweRiphablikhi aphule okutshiwo zezi Zivumelwano okanye angakwenzi okufunwa zizo, okungakha- nkanywanga sisiqendwana (2), waphul’ umthetho. (5) Umntu ofunyaniswe enetyala lokona okuxelwe kwisiqendwana (1), (3) okanye (4), uya kugwetywa ifayini okanye ukuvalelwa entolongweni, kuquka ukuvalelwa entolongweni ubomi bonke, okanye ukuvalelwa entolongweni kungabikho kukhethiswa ifayini, okanye agwetywe kokubini ifayini nokuvalelwa entolongweni. Ukoyisakala ukuthintela ukwaphulwa kweZivumelwano 6. (1) Igosa eliphezulu lomkhosi laphul’ umthetho ukuba— (a) imikhosi ephantsi kwalo, ephantsi kwegunya lalo nephantsi kolawulo lwalo, enoba kungaphakathi okanye kungaphandle kwemida yeRiphablikhi, yaphula kakubi kakhulu iSivumelwano njengoko kuxelwe kwisiqendu 5(1), okanye yaphul’ umthetho njengoko kuxelwe kwisiqendu 5(3) okanye (4); (c) (b) belisazi, okanye bekulindeleke ukuba lazi, ukuba imikhosi exelwe kwisi- qendu (a) yaphula kakubi kakhulu iSivumelwano okanye yaphul’ umthetho; no loyisakele— (i) ukuyilawula imikhosi exelwe kwisiqendu (a); (ii) ukuthabatha onke amanyathelo ayimfuneko nalindelekileyo ebeli- nokuthi liwathabathe ukuthintela nakuphi na ukwaphulwa kweSivume- lwano okanye ukwaphulwa komthetho okuxelwe kwisiqendu (a); okanye ukwaphulwa (iii) ukukuxela kweSivumelwano ukwaphulwa komthetho okuxelwe kwisiqendu (a) kwabasemagunyeni abafanele- kileyo ukuze kuphandwe, kutshutshiswe nokutshutshiswa. (2) Nawuphi na umntu, enoba ungaphakathi okanye ungaphandle kwemida yeRiphablikhi, othi angenzi nto, abe enyanzelekile ukuba enze into, ukuze athintele ukwaphulwa okubi kakhulu kweSivumelwano njengoko kuxelwe kwisiqendu 4(1), okanye athintele ukwaphulwa komthetho okuxelwe kwisiqendu 5(3) okanye (4), usaphulwa nguye nawuphi na umntu, waphul’ umthetho. okanye (3) Igosa eliphezulu lasemkhosini elifunyaniswe linetyala lokwaphul’ umthetho ngokwesiqendwana (1), okanye umntu ofunyaniswe enetyala lokwaphul’ umthetho ngokwesiqendwana (2), uya kugwetywa ifayini okanye ukuvalelwa entolongweni, kuquka nokuvalelwa entolongweni ubomi bonke, okanye agwetywe ukuvalelwa entolongweni angakhethiswa fayini, okanye agwetywe kokubini ifayini nokuvalelwa entolongweni. 5 10 15 20 25 30 35 (4) Ngenjongo yokusebenza kwesi siqendu, ‘‘igosa eliphezulu lasemkhosini’’ liquka 40 nawuphi na umntu— (a) obambeleyo njengegosa eliphezulu lasemkhosini; okanye (b) okwisikhundla esiphezulu, esiquka isikhundla esingesiso esasemkhosini, ngokuphathelele kuloo mikhosi. ISAHLUKO 3 UMMANDLA NOBUME Ummandla 7. (1) Nayiphi na inkundla ekwiRiphablikhi inokulixox’ ityala lomntu ize imgwebe ngako nakuphi na ukwaphul’ umthetho okungokwalo Mthetho kanye ngendlela ebiya kwenza ngayo ukuba bekwaphulwe umthetho kummandla ongaphantsi kwegunya laloo nkundla, kungakhathaliseki ukuba isenzo esenziweyo okanye ukungenziwa kwesenzo esifanele senziwe amangalelwe ngako umntu kwenzeke ngaphandle kwemida yeRipha- blikhi. (2) Ilungu leKhabhinethi eliphathiswe ukusingathwa kobulungisa malithi, ngoku- bonisana neJaji eyiNtloko yoMzantsi-Afrika, nasemva kokubonisana noMlawuli- Jikelele Wotshutshiso, ngokubhala lichonge inkundla efanelekileyo ukuba ixoxe ityala lomntu oxelwe kwisiqendwana (1). 45 50 55 12 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (3) Whenever this Act is enforced outside the Republic, any finding, sentence, penalty, fine or order made, pronounced or imposed in terms of its provisions is as valid and effectual, and must be carried into effect, as if it had been made, pronounced or imposed in the Republic. (4) Nothing in this Act must be construed as precluding the prosecution of any person accused of having committed a breach under customary international law before this Act took effect. Determination of status 8. (1) Any person charged with an offence in terms of this Act may apply to the court before which he or she has been arraigned for a declaration that he or she has the status of protected prisoner of war or protected internee. (2) When doubt exists as to whether or not a person charged with an offence in terms of this Act is a protected prisoner of war or a protected internee, the appropriate prosecuting authority may apply to the court before which that person has been arraigned for a declaration that that person does not have the status of protected prisoner of war or protected internee. CHAPTER 4 LEGAL PROCEEDINGS Notice to protecting power 9. (1) The court before which— (a) a protected prisoner of war is brought to trial for any offence in terms of this Act; or (b) a protected internee is brought to trial for an offence for which that court has the power to sentence him or her to imprisonment for a period of two years or more, may not proceed with the trial until the court is satisfied that a notice containing the particulars contemplated in subsection (2), in so far as they are known to the prosecutor, has been served not less than three weeks before the commencement of the trial on the protecting power and, if the accused is a protected prisoner of war, on the accused and the prisoners’ representative. (2) The particulars referred to in subsection (1) are as follows: (a) The full name, date of birth and description of the accused, including his or (b) (c) (d) (e) her profession or trade; if the accused is a protected prisoner of war, his or her rank and force of origin, regimental, personal or serial number; the place of detention, internment or residence of the accused; the offence with which the accused is charged; and the court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of subsection (1), a document purporting to be— (a) signed on behalf of the protecting power or by the prisoners’ representative or by the accused person, as the case may be; and (b) an acknowledgement of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section, is, in the absence of evidence to the contrary, sufficient evidence that the notice required by subsection (1) was served on that power, representative or person, as the case may be, on that day. 5 10 15 20 25 30 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 13 Ino 8 ka 2012 (3) Nanini na xa lo Mthetho unyanzeliswa ngaphandle kwemida yeRiphablikhi, nakuphi na okufunyanisiweyo yinkundla, okanye isigwebo, okanye isohlwayo, okanye ifayini okanye umyalelo okhutshiweyo ngokwalo Mthetho, kuyasebenza kwaye kumele kuphunyezwe, ngokungathi kwenziwe ngaphakathi kweRiphablikhi. (4) Akukho nto kulo Mthetho emayithathwe njengethintela ukutshutshiswa kwakhe nawuphi na umntu otyholwa ngokwaphula isivumelwano phantsi komthetho oqhele- kileyo wamazwe ngamazwe kwixesha elalingaphambi kokuqalisa kwalo Mthetho ukusebenza. Ukwenziwa kwesigqibo ngobume 8. (1) Nawuphi na umntu obekw’ ityala lokwaphul’ umthetho ngokwalo Mthetho unokwenz’ isicelo kwinkundla abizelwe ukuba avele phambi kwayo, enze isicelo sokuba avakaliswe njengomntu obume bakhe bubobexhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo. (2) Xa kukho amathandabuzo mayela nokuba umntu omangalelwe ngokwaphul’ umthetho ngokwesi siqendu ulilo kusini na ixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo, igunya lotshutshiso elifanelekileyo linokwenz’ isicelo enkundleni abizelwe phambi kwayo umntu lowo, isisicelo sokuba avakaliswe loo mntu engenabo ubume bokuba lixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo. ISAHLUKO 4 INKQUBO EMTHETHWENI Isaziso kwigunya elikhuselayo 9. (1) Inkundla— (a) elithi ixhoba elithinjw’ emfazweni elikhuselweyo liziswe phambi kwayo ngenjongo yokuxoxwa kwetyala lokwaphul’ umthetho ngokwalo Mthetho; okanye (b) elithi ibanjwa elikhuselweyo liziswe phambi kwayo ngenjongo yokuxoxwa ibe loo nkundla inegunya lokuligweba kwetyala lokwaphul’ umthetho, nelokulivalela entolongweni iminyaka emibini nangaphezulu ibanjwa elo, inkundla leyo ayivumelekanga ukuba iqhubeke nokulixoxa ityala de ibe yanelisekile kukuba isaziso esiqulethe iinkcukacha ezixelwe kwisiqendwana (2), njengoko zisaziwa ngumtshutshisi, zidluliselwe kwigunya elikhuselayo kwisithuba esingekho ngaphantsiu kweeveki ezintathu ngaphambi kokuba kuqalise ukuxoxwa kwetyala, kuze ukuba ummangalelwa ulixhoba elithinjw’ emfazweni elikhuselweyo, isaziso eso sibe sidluliselwe kummangalelwa nakummeli wamabanjwa. (2) Iinkcukacha ekuthethwe ngazo kwisiqendwana (1) zimi ngale ndlela ilandelayo: igama elipheleleyo lommangalelwa, umhla wokuzalwa kwakhe nokuchazwa kwakhe, kuquka nomsebenzi awenzayo okanye urhwebo akulo; (a) (b) ukuba umangalelwa ulixhoba elithinjw’ emfazweni elikhuselweyo, kunikwe nenqanaba akulo nemvelaphi yomkhosi wakhe, okanye inombo yakhe; indawo yokuvalelwa kwakhe, okanye indawo ahlala kuyo ummangalelwa lowo; (c) (d) ukwaphul’ umthetho amangalelwe ngako; no (e) weinkundla eliza kuxoxwa kuyo ityala, kunye nexesha nendawo elimiselwe ukuba lixoxwe kuyo. 5 10 15 20 25 30 35 40 45 (3) Ngokwenjongo yokusebenza kwesiqendwana (1), uxwebhu ekuthiwa— (a) lutyikitywe egameni wamabanjwa okanye ngumntu omangalelweyo; legunya elikhuselayo okanye lityikitywe ngummeli (b) nokuvuma kwelo gunya ukuba lilufumene uxwebhu olo, okanye kuvuma ummeli okanye umntu omangalelweyo ngomhla oxeliweyo kwisaziso, 50 oko kuya kuthi xa bungekho obunye ubungqina obuphikisana nobu, kube bubungqina obaneleyo bokuba isaziso esifunwa sisiqendwana (1) sidluliselwe kwelo gunya, kummeli okanye kumntu lowo, ngaloo mini. 14 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (4) A court that adjourns a trial in order that the requirements of this section could be complied with, may, notwithstanding anything to the contrary contained in any other law, remand the accused person in custody for the period of the adjournment. Legal representation 10. (1) (a) Subject to subsections (2) and (3), the court before which a person is brought for trial for an offence contemplated in section 5(1), (3) or (4) may not proceed with the trial unless— (i) (ii) the accused person is represented by a legal practitioner who is qualified to appear before the court; and the court is satisfied that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused. (b) If the court adjourns the trial for the purposes of enabling the requirements of this subsection to be complied with, then, notwithstanding anything to the contrary in any other law, the court may remand the accused person in custody for the period of the adjournment. (2) Every person contemplated in subsection (1) has the right to legal representation of his or her own choice at his or her own expense, or to be assigned a legal practitioner at state expense when he or she is to appear or to be tried by a court. (3) Where the accused person is a protected prisoner of war and in the absence of a legal practitioner accepted by the accused as representing him or her, a legal practitioner instructed by or on behalf of the protecting power must, without prejudice to the requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person. (4) Where the court adjourns a trial in terms of subsection (1) by reason that the accused person is not represented by a legal practitioner, the court must direct that a legal practitioner be assigned to watch over the interests of the accused person at any further proceedings, in the absence of a legal practitioner accepted by the accused as representing him or her or instructed in accordance with subsection (3), and a legal practitioner assigned in terms of this subsection must, without prejudice to the requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person. (5) The Legal Aid Act, 1969 (Act No. 22 of 1969), subject to the changes required by the context, applies in relation to the manner in which a legal practitioner is to be assigned to an accused person in terms of this section and in relation to the remuneration to be paid to such legal practitioner on the completion of his or her duties. Appeals by protected prisoners of war and protected internees 11. (1) (a) Notwithstanding anything to the contrary in any other law contained, a protected prisoner of war or a protected internee who has been convicted and sentenced to imprisonment for a period of two years or more, may give notice of appeal or notice of application for leave to appeal against such conviction or sentence up to a date 10 days after the date on which the protected prisoner of war or protected internee concerned receives notice that the protecting power has been notified of his or her conviction and sentence. (b) The notice referred to in paragraph (a) must be given— (i) in the case of a protected prisoner of war, by an officer of the South African National Defence Force; or in the case of a protected internee, by or on behalf of the head of the correctional centre in which the protected internee is detained. (ii) (2) Notwithstanding anything to the contrary in any other law contained, where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been determined, the sentence remains or has become a sentence of imprisonment for a period of two years or more, the time allowed within which the protected prisoner of war or protected internee concerned must apply to the court for a certificate authorising an appeal in respect of the conviction or sentence as 5 10 15 20 25 30 35 40 45 50 55 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 15 Ino 8 ka 2012 (4) Inkundla ethi ikumise ukuxoxwa kwetyala ngenjongo yokuba zenziwe izinto ezifunwa sesi siqendu inokuthi, kungakhathaliseki ukuba kuthini na okunye okubhaliweyo komnye umthetho okuchasene noku, imlindis’ ityala eseluvalelweni umntu lowo. Ukumelwa ligqwetha 5 10. (1) (a) Ngokulawulwa sisiqendwana (2) nesesi-(3), inkundla aziswe phambi kwayo umntu ukuze kuxoxw’ ityala lakhe ngokwaphul’ umthetho okuxelwe kwisiqendu 5(1), (3) okanye (4) ayivumelekanga ukuba iqhubeke nokuxox’ ityala ngaphandle kokuba— (i) umntu omangalelweyo umelwe ligqwetha elikufanelekeleyo ukuvela phambi 10 (ii) kwenkundla; no we nkundla yanelisekile kukuba kudlule ithuba elingekho ngaphantsi kweentsuku ezili-14 ukususela ekunikweni kokuqala kwegqwetha imiyalelo ngummanga- lelwa. (b) Ukuba inkundla iyakumisa ukuxoxwa kwetyala ngenjongo yokwenza ukuba okufunwa sesi siqendwana kwenziwe, xa kunjalo ke, kungakhathaliseki ukuba uthini na omnye umthetho otsho okuchasene noku, inkundla inokuthi imlindise ityala ummanga- lelwa eseluvalelweni kwelo xesha isalimisile. (2) Nawuphi na umntu oxelwe kwisiqendwana (1) unelungelo lokumelwa ligqwetha elithandwa nguye ngemali yakhe, okanye unelungelo lokunikwa igqwetha ngendleko karhulumente xa eza kuvela enkundleni okanye axoxisw’ ityala yiyo. (3) Xa umntu omangalelweyo elixhob’ elithinjw’emfazweni elikhuselweyo kwaye kungekho gqwetha elamkelwe ngummangalelwa njengelimmelayo, igqwetha eliya- lelwe ligunya elikhuselayo okanye eliyalelwe egameni legunya elikhuselayo malithi, lithathwe ngaphandle kokuzisingela phantsi njengelimela umntu omangalelweyo. iimfuneko zesiqendwana (1)(a)(ii), (4) Xa inkundla ikumisa ukuxoxwa kwetyala ngokwesiqendwana (1) ngesizathu sokuba umntu omangalelweyo akamelwanga ligqwetha, inkundla mayiyalele ukuba kwabelwe igqwetha libe liliso lommangalelwa lokondela ukuqhutywa kwetyala, xa lingekho igqwetha elamkelwe ngumntu omangalelweyo njengelimmelayo okanye eliyalelwe ngokwesiqendwana (3), kuya kuthi ke igqwetha elabelwe ngokwesi siqendwana, ngaphandle kokusingela phantsi iimfuneko zesiqendwana (1)(a)(ii), lithathwe njengelimela umntu omangalelweyo ngokwenjongo yesiqendwana (1)(a)(ii). (5) ILegal Aid Act 22 ka-1969 iyasebenza kwindlela umntu omangalelweyo amakalinikwe ngayo igwetha ngokwesi siqendu nakwindlela emalihlawulwe ngayo elo gqwetha lisakugqiba umsebenzi walo, kubekho nje utshintsho olunokuthi lufuneke. Izibheno zamaxhoba athinjw’ emfazweni akhuselweyo nezamabanjwa akhuse- lweyo 11. (1) (a) Kungakhathaliseki ukuba uthini na umthetho ongomnye otsho okuchasene nalo, ixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo eliye lafunyaniswa linetyala laza lagwetywa ukuvalelwa entolongweni iminyaka emibini okanye ngaphezulu linokukhupha isaziso sokubhena okanye isaziso sokuba liza kucel’ imvume yokubhena nxamnye noko kufunyaniswa linetyala okanye nxamnye nesigwebo ukusa kumhla oziintsuku ezili-10 emva komhla elithi ngawo elo xhoba elithinjw’ emfazweni okanye elo banjwa elikhuselweyo lifumane isaziso sokuba igunya elikhuselayo lazisiwe ngokufunyaniswa kwexhoba elo linetyala nangokugwetywa kwalo. (b) Isaziso ekuthethwe ngaso kwisiqendu (a) masinikwe— (i) xa kulixhoba elithinjw’ emfazweni elikhuselweyo, masinikwe ligosa loMkhosi Wokhuselo weZwelonke loMzantsi-Afrika; okanye (ii) xa kulibanjwa elikhuselweyo, masinikwe yintloko yeziko lolungiso-zimilo okanye sinikwe egameni laloo ntloko elivalelwe kwiziko layo ibanjwa elo likhuselweyo. (2) Kungakhathaliseki ukuba uthini na omnye umthetho otsho okuchasene nalo, xa, emva kokuba kwenziwe isigqibo ngesibheno nxamnye nokufunyanwa kwexhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo linetyala okanye nxamnye nokugwetywa kwalo yinkundla, eso sigwebo simile okanye sisisigwebo sokuvalelwa entolongweni ixesha eliyiminyaka emibini okanye ngaphezulu, ixesha elivunyelweyo elinokuthi ngalo ixhoba elithinjw’ emfazweni elikhuselweyo okanye 15 20 25 30 35 40 45 50 55 16 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 confirmed or varied upon the appeal contemplated in subsection (1) must be regarded as continuing to run until a date seven days after the date on which the protected prisoner of war or protected internee concerned receives a notice given by a person contemplated in subsection (1)(b)(i) or (ii), as the case may be, that the protecting power has been notified of the outcome of the decision on appeal. (3) Where subsection (1) or (2) applies in relation to a convicted protected prisoner of war or protected internee, then, unless the court orders otherwise, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person may not take effect, and a provision of a law relating to the re-vesting of property on conviction may not take effect in relation to the conviction, while an appeal by the convicted protected prisoner of war or protected internee against his or her conviction or sentence is possible. (4) Subsections (1) and (2) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power. 5 10 15 Protected prisoners of war in custody 12. (1) The court before which a protected prisoner of war is brought for trial for any offence— (a) may remand that protected prisoner into the custody of the South African 20 National Defence Force; (b) must remand that protected prisoner into the custody of the South African National Defence Force if that protected prisoner is in custody for a period of longer than three months; or (c) must order the protected prisoner to remain in custody of the South African National Defence Force if the prisoner is acquitted in order to ensure that such prisoner does not forfeit his or her rights in terms of the Third Convention, the Fourth Convention or Protocol I. (2) A protected prisoner of war who is in the custody of the South African National Defence Force must be granted the protection of the Third Convention or the Fourth Convention, as the case may be. Reduction of sentence 13. (1) Whenever a protected prisoner of war or a protected internee is convicted of an offence under this Act and is sentenced to imprisonment for a specified term, the period before sentence, if any, during which that protected prisoner of war or protected internee was in custody in connection with that offence, either on remand awaiting trial or during trial, must be deducted from that term. (2) For the purposes of subsection (1), deprivation of liberty of a protected prisoner of war or a protected internee required by his or her status as protected prisoner of war or protected internee must not be deducted from the term contemplated in that subsection. 25 30 35 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 17 Ino 8 ka 2012 ibanjwa elikhuselweyo lenze isicelo enkundleni sokufumana isiqinisekiso esigunyaza isibheno mayela nokufunyaniswa kwalo linetyala okanye ukugwetywa kwalo xa sithe saqinisekiswa okanye satshintshwa kusakwenziwa isibheno esixelwe kwisiqendwana (1), masithathwe njengesiqhubekayo kude kube ngumhla oziintsuku ezisixhenxe emva komhla elithi ngawo ixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo lifumane isaziso elisinikwe ngumntu oxelwe kwisiqendwana (1)(b)(i) okanye (ii) sokuba igunya elikhuselayo lazisiwe ngesiphumo sesigqibo sokubhena. (3) Xa isiqendwana (1) okanye (2) sisebenza ngokuphathelele kwixhoba elithinjw’ emfazweni elikhuselweyo okanye kwibanjwa elikhuselweyo, xa kunjalo ke, ngaphandle kokuba inkundla iyalela ngeny’ indlela, umyalelo wenkundla ophathelele ekubuyise- lweni kwempahla okanye ekuhlawulweni kwembuyekezo kumntu owoniweyo, awuvumelekanga ukuba uphunyezwe, kwaye okutshiwo ngumthetho mayela nokuba iya kubani impahla umntu esakufunyaniswa enetyala akuvumelekanga ukuba kwenzeke ngokuphathelele ekufunyanisweni komntu enetyala, ngoxa kusenokwenzela ukuba ixhoba elithinjw’ emfazweni elifunyaniswe linetyala okanye ibanjwa elifunyaniswe linetyala libhene nxamnye nokufunyaniswa kwalo linetyala okanye ukugwetywa kwalo. (4) Isiqendwana (1) nese-(2) azisebenzi kwisibheno esinxamnye nokufunyaniswa komntu enetyala okanye nxamnye nesigwebo, okanye nxamnye nesigqibo senkundla kwisibheno sangaphambili, ukuba, ngexesha lokufunyaniswa komntu enetyala okanye ngexesha lokugwetywa kwakhe, okanye ngexesha lesigqibo senkundla kwisigqibo sangaphambili, akukho gunya likhuselayo. 5 10 15 20 Amaxhoba athinjw’ emfazweni akhuselweyo aseluvalelweni 12. (1) Inkundla elithi ixhoba elithinjw’ emfazweni elikhuselweyo liziswe phambi kwayo ukuze kuxoxw’ ityala lokwaphul’ umthetho— (a) inokuthi ililindis’ umhla wetyala liseluvalelweni elo banjwa likhuselweyo, iligcinise kuMkhosi Wokhuselo weZwelonke woMzantsi-Afrika; 25 (b) mayililindis’ umhla wetyala liseluvalelweni elo banjwa likhuselweyo, iligc- inisa kuMkhosi Wokhuselo weZwelonke woMzantsi-Afrika, ukuba elo banjwa likhuselweyo liseluvalelweni ixesha elingaphezu kweenyanga ezinta- thu; okanye (c) mayiyalele ukuba ibanjwa elo likhuselweyo lihlale liselugcinweni loMkhosi Wokhuselo weZwelonke woMzantsi-Afrika ukuba ibanjwa elo lifunyaniswe lingenatyala ngenjongo yokuqinisekisa ukuba elo banjwa aliphulukani namalungelo alo ngokweSivumelwano seSithathu, nangokweSivumelwano seSine okanye ngokweSongezelelo I. (2) Ixhoba elithinjw’ emfazweni elikhuselweyo eliselugcinweni loMkhosi Wokhu- selo weZwelonke woMzantsi-Afrika malinikwe inkuselo yeSivumelwano seSithathu okanye yeSivumelwano seSine. Ukuncitshiswa kwesigwebo 13. (1) Nanini na xa ixhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo lifunyaniswe linetyala lokwaphul’ umthetho ngokwalo Mthetho laza lagwetywa ukuvalelwa entolongweni ixesha elithile, ithuba elingaphambi kwesigwebo, ukuba likho, elaliseluvalelweni ngalo elo xhoba elithinjw’ emfazweni elikhuselweyo okanye ibanjwa elikhuselweyo ngokunxulumene nokwaphul’ umthetho, nokuba lililinde ityala liseluvalelweni okanye kungexesha lokuxoxwa kwetyala, isigwebo masincitshiswe kuloo nto siyiyo. (2) Ngokwenjongo yokusebenza kwesiqendwana (1), ukohluthwa inkululeko kwexhoba elithinjw’ emfazweni elikhuselweyo okanye kwebanjwa elikhuselweyo okufunwa bubume balo njengexhoba elithinjw’ emfazweni elikhuselweyo okanye njengebanjwa elikhuselweyo makungaphungulwa kwixesha lesigwebo elixelwe kweso siqendwana. 30 35 40 45 50 18 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 CHAPTER 5 USE AND PROTECTION OF EMBLEMS Protection of flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia and uniforms 14. (1) Subject to Part 3 of the South African Red Cross Society Act, no person may, without the consent of the Minister, use or display for any purpose whatsoever any of the following: (a) The ‘‘red cross’’ contemplated in section 1 of the South African Red Cross (b) (c) (d) (e) (f) (g) (h) (i) (j) Society Act; the ‘‘red crescent’’ contemplated in section 1 of the South African Red Cross Society Act; the emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation ‘‘Red Lion and Sun’’; the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation; the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence; any of the distinctive signals specified in Chapter III of Annex I to Protocol I, being the signals of identification for medical units and transports; the sign consisting of a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, being the international special sign for works and installations containing dangerous forces; the distinctive emblem of protection of cultural property, namely a shield, pointed below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle); a design, wording or signal so nearly resembling any of the emblems, designations, signs or signals specified in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) as to be capable of being mistaken for or understood as referring to one of those emblems, designations, signs or signals, as the case may be; and such other flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia or uniforms as may be prescribed by regulation by the Minister for the purposes of giving effect to the Conventions. (2) The Minister must give the consent contemplated in subsection (1) in writing and may only give such consent for the purposes of giving effect to the provisions of this Act, the South African Red Cross Society Act and the Conventions. (3) Section 8 of the South African Red Cross Society Act applies to the Minister with the changes required by the context in respect of any flag, emblem, designation, sign, signal, design, wording, identity card, information card, insignia or uniform contem- plated in subsection (1)(c) to (j). (4) This section also applies to the use outside the Republic of an emblem, designation, sign, signal, design, wording, identity card, identification cards, insignia or uniform contemplated in subsection (1) on any ship or aircraft registered in the Republic. 5 10 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 19 Ino 8 ka 2012 ISAHLUKO 5 UKUSETYENZISWA KWEMIFUZISELO NOKUKHUSELWA KWAYO Ukukhuselwa kweeflegi, imifuziselo, amagama ewonga, imibhalo, imiqondiso, imiyilo, uyilo-magama, amakhadi ofaniso, amakhadi engcombolo, iibheji neeyunifomu 5 14. (1) Ngokulawulwa liCandelo 3 leSouth African Red Cross Society Act, akukho mntu uvumelekileyo, ngaphanlde kwemvume yoMphathiswa, ukuba asebenzise okanye abonakalise ngayo nayiphi na injongo enye yezi zinto zilandelayo: (a) (b) ‘‘umnqamlezo obomvu’’ (‘‘red cross’’) oxelwe kwisiqendu 1 seSouth African Red Cross Society Act; ‘‘igophe elibomvu’’ (‘‘red crescent’’) elixelwe kwisiqendu 1 seSouth African Red Cross Society Act; (c) umfuziselo obomvu okwindawo emhlophe, nongqongwe ngokupheleleyo yindawo emhlophe, oko kukuthi, ingonyama egqithayo ukusuka ngasekunene ukuya ngasekhohlo komntu oyondeleyo, nobuso bayo obujonge ngakumntu oyondeleyo, imise nkqo ikrele eligoso ngenqina layo langaphambili lase- kunene, kuvele ngentla kumqolo wengonyama isiqingatha esingentla selanga sinemitha yaso ilanga, okanye kukho umbhalo othi ‘‘Red Lion and Sun’’; (d) umfuziselo womnqamlezo omhlophe okanye osilivere oneengalo ezihlayo nezixwesayo ezibude bulinganayo kumhlaba obomvu, kwaye ujikelezwe ngokupheleleyo ngumhlaba obomvu, ongumfuziselo woMfelandawonye waseSwitzerland; (e) uphawu lonxantathu oluhlaza okwesibhakabhaka olingana macala, kumhlaba o-orenji, kwaye ujikelezwe ngokupheleleyo ngumhlaba o-orenji, uluphawu olungumahluko kumazwe ngamazwe lokuzikhusela koluntu olungengo- majoni; nawuphi na kwimiqondiso engumahluko exelwe kwiSahluko III seSihlomelo 1 seSongezelelo I, eyimiqondiso yofaniso yeendawo zonyango nezithuthi; (f) (g) uphawu ekukho kulo iqela lezangqa ezithathu eziqaqambileyo ezi-orenji ezilinganayo ngobukhulu, ezikwixhayi elinye, umgama phakathi kwesangqa ngasinye uyiradius enye, olo kuluphawu olukhethekileyo lwakumazwe ngamazwe lwemisebenzi nokufakelweyo okunezinto eziyingozi; (i) (h) umfuziselo ongumahluko wokukhuselwa kwempahla yenkcubeko, mfuziselo lowo olikhaka, owalathiweyo ngezantsi, ngombala ngamnye oluhlaza okwesibhakabhaka namhlophe (ikhaka elinesikweri esiluhlaza okwesibhaka- bhaka, enye yeekona zalo ziyincam yekhaka, lo nxantathu oluhlaza ongentla kwesikweri, isithuba esisemacaleni sithathwe ngunxantathu omhlophe); umyilo, indlela adweliswe ngayo amagama okanye umqondiso ophantse ufane nomnye wale mifuziselo, iimpawu okanye imiqondiso exelwe kwisiqendu (a), (b), (c), (d) (e), (f), (g) okanye (h) onokuthi ngempazamo uthathwe njengobhekisela kuloo mifuziselo, iimpawu okanye imiqondiso; kunye ezinye iiflegi, imifuziselo, imiyilo, iimpawu, imiqondiso, iindlela adweliswe ngayo amagama, amakhadi ofaniso, amakhadi engcombolo, iibheji okanye iiyunifomu ezinokuthi zifuneke ngenjongo yokuphumeza iZivumelwano. imiyilo, (j) (2) UMphathiswa makayinike imvume exelwe kwisiqendwana (1) ngokubhala, kwaye unokuyinika loo mvume kuphela ngenjongo yokuphumeza okutshiwo ngulo Mthetho, nakokutshiwo yiSouth African Red Cross Society Act, naziZivumelwano. (3) Isiqendu 8 seSouth African Red Cross Society Act siyasebenza kuMphathiswa, kubekho nje utshintsho olunokuthi lufuneke, ngokumayela neflegi, umfuziselo, umyilo, uphawu, umqondiso, ikhadi indlela adweliswe ngayo amagama, lengcombolo, iibheji okanye iyunifomu, okuxelwe kwisiqendwana (1)(c) ukuya ku-(j). (4) Esi siqendu siyasebenza naxa kusetyenziswa ngaphandle kwemida yeRiphablikhi umfuziselo, uphawu, umqondiso, umyilo, indlela adweliswe ngayo amagama, ikhadi lofaniso, amakhadi ofaniso, iibheji okanye iiyunifomu, ezixelwe kwisiqendwana (1) kuyo nayiphi na inqanawa okanye inqwelo-moya ebhaliswe kwiRiphablikhi. lofaniso, ikhadi 10 15 20 25 30 35 40 45 50 55 20 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Offences and penalties 15. (1) Any person who contravenes or fails to comply with section 14 is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. (2) (a) When an offence contemplated in subsection (1) has been committed for which any corporate body is or was liable to prosecution, any person who was, at the time of the commission of the offence, a director or member of the management of the corporate body and who knew of or could have prevented the commission of the offence, is guilty of the said offence, either jointly with the corporate body or apart therefrom, and on conviction liable to the punishment provided for in that subsection. (b) Section 332 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), with the exception of subsections (2)(c), (5), (7), (8) and (9) thereof, applies with the changes required by the context in respect of any prosecution of a corporate body or director or member of the management thereof for an offence contemplated in this section. Seizure of certain article or thing

16. URhulumente usenokuyithatha nayiphi na into esetyenziswa ekwaphuleni lo Mthetho, kwaye iSahluko 2 seCriminal Procedure Act 51 ka-1977 siyasebenza, kubekho nje utshintsho olunokuthi lufuneke, ngokumayela naloo nto. 20 Ukusetyenziswa koMnqamlezo Obomvu nguMkhosi Wokhuselo weZwelonke woMzantsi-Afrika 17. (1) Ngokulawulwa lulwalathiso loMphathiswa, abeeNkonzo zeMpilo base- Mkhosini boMkhosi Wokhuselo weZwelonke woMzantsi-Afrika mabathi, kokubini ngexesha loxolo nangexesha longquzulwano kuxhotyiwe, basebenzise uMnqamlezo Obomvu, ube luphawu kubasebenzi babo bonyango, kwizakhiwo zonyango nakwi- zithuthi ezihamba emhlabeni, elwandle nasemoyeni, nakuzo zonke ezinye izixhobo ezisetyenziswayo ngabo. (2) Abasebenzi beeNkonzo zeMpilo zaseMkhosini nabasebenzi kuNqulo boMkhosi Wokhuselo weZwelonke woMzantsi-Afrika mabanxibe izacholo baze baphathe amakhadi ofaniso akhutshwe nguMkhosi Wokhuselo weZwelonke woMzantsi-Afrika, kuzizacholo namakhadi ofaniso anoMnqamlezo Obomvu. (3) UMphathiswa usenokucela uMbutho weSizwe ekuthethwe ngawo kwisiqendu 2 seSouth African Red Cross Society Act ukuba wenze ukuba abasebenzi bonyango nobuncwane ababusebenzisayo bube nokusetyenziswa ngabeeNkonzo zeMpilo zaseMkhosini zoMkhosi Wokhuselo weZwelonke woMzantsi-Afrika. (4) Abasebenzi bonyango nobuncwane obuxelwe kwisiqendwana (3) balawulwa yimithetho nemimiselo yasemkhosini, kwaye banokugunyazwa nguMphathiswa Wokhuselo ukuba babonise uMnqamlezo Obomnvu njengecebo elilukhuselo. 25 30 35 IKomiti Yamazwe Ngamazwe YoMnqamlezo Obomvu noMfelandawonye Wamazwe Ngamazwe WoMnqamlezo Obomvu NeMibutho YeGophe Elibomvu 40 18. (1) IKomiti Yamazwe Ngamazwe YoMnqamlezo Obomvu noMfelandawonye Wamazwe Ngamazwe WoMnqamlezo Obomvu neMibutho YeGophe Elibomvu inokuyisebenzisa imifuziselo exelwe kwisiqendu 14(1)(a) no-(b) nangaliphi na ixesha, iyisebenzisela yonke imisebenzi yayo. (2) (a) IKomiti Yamazwe Ngamazwe YoMnqamlezo Obomvu noMfelandawonye Wamazwe Ngamazwe WoMnqamlezo Obomvu neMibutho YeGophe Elibomvu, kunye nabasebenzi babo abagunyazwe ngokufanelekileyo, banokuyisebenzisa ikristali ebomvu ukuwenza lula umsebenzi wabo ukuba kukho isizathu esaneleyo sokuyise- benzisa. (b) Ngokwenjongo yesiqendu (a), ikristali ebomvu ngumfuziselo okumhlaba omhlophe, nojikelezwe ngokupheleleyo ngumhlaba omhlophe, oko kukuthi, ifreyim ebomvu emi okwesikweri emphethweni (enoba kukho omnye umfuziselo ngaphakathi kwayo okanye uphawu okanye indibaniselwano yako ngokweSiqendu 3, isiqendu 1 seSongezelelo seZivumelwano zaseGeneva zomhla we-12 kuAgasti 1949, nezipha- 45 50 55 22 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 or combination thereof in accordance with Article 3, paragraph 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005), or the designation ‘‘Red Crystal’’, or the designation ‘‘third Protocol emblem’’. CHAPTER 6 5 GENERAL PROVISIONS Regulations

19. The Minister may make regulations regarding any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act. 10 Effect of Act on Implementation of the Rome Statute of the International Criminal Court Act, 2002

20. The provisions of this Act must not be construed as limiting, amending, repealing or otherwise altering any provision of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), or as exempting any person from any duty or obligation imposed by that Act or prohibiting any person from complying with any provision of that Act. 15 Short title and commencement

21. This Act is called the Implementation of the Geneva Conventions Act, 2012, and comes into operation on a date fixed by the President by proclamation in the Gazette. 20 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 23 Ino 8 ka 2012 thelele Ekwamkelweni Komnye Umfuziselo Onomahluko (iSongezelelo III), okwenziwe eGeneva ngomhla wesi-8 kuDisemba 2005, okanye umbhalo othi ‘‘iKristali Ebomvu’’ (‘‘Red Crystal), okanye umbhalo othi ‘‘umfuziselo wesithathu weSonge- zelelo’’ (‘‘third Protocol emblem’’). ISAHLUKO 6 5 OKUTSHIWO NGULO MTHETHO NGOKUBANZI Imimiselo

19. UMphathiswa usenokwenza ummiselo ngawo nawuphi na umcimbi ongowolawulo okanye ongowenkqubo onxuse kulo ekuyimfuneko ngawo ukuba enze imimiselo ukuze lo Mthetho wenziwe usebenze ngokufanelekileyo. 10 Isiphumo onaso lo Mthetho kwi-Implementation of the Rome Statute of the International Criminal Court Act, ka-2002

20. Okutshiwo ngulo Mthetho makungathathwa njengokukusikel’ umda, okanye njengokwenza utshintsho okanye njengokutshitshisa okutshiwo yi-Implementation of the Rome Statute of the International Criminal Court Act 27 ka-2002, kwaye makungathathwa njengokumkhululayo umntu kwimbopheleleko eziswa ngulo Mthetho uxeliweyo, kwaye mawungathathwa njengomthintelayo umntu ekwenzeni okufunwa ngulo Mthetho. 15 Igama lawo elifutshane nokuqalisa kwawo ukusebenza

21. Lo Mthetho ubizwa ngokuba nguMthetho Wokwenza iSivumelwano SaseGeneva Sisebenze, 2012, kwaye uqalisa ukusebenza ngomhla ogqitywe nguMongameli ngokwenza isihlokomiso kuShicilelo-Mithetho. 20 24 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULES (Section 1) SCHEDULE 1 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 5 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows: 10 CHAPTER I GENERAL PROVISIONS Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. 15 Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 20 25 Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 30 1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated 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; taking of hostages; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilized peoples. b) c) d) 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. 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 25 Ino 8 ka 2012 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. Article 4 Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found. Article 5 For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation. Article 6 In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, 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 the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded and sick, as well as medical personnel and chaplains, 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. Article 7 Wounded and sick, as well as members of the medical personnel and chaplains, 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. Article 8 The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate, to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities. Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief. 5 10 15 20 25 30 35 40 45 26 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. to the provisions of this Article, If protection cannot be arranged accordingly, the Detaining Power shall request or shall the offer of the services of a accept, subject humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. 5 10 15 20 Whenever in the present Convention mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. 25 Article 11 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. CHAPTER II WOUNDED AND SICK Article 12 Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances. They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 27 Ino 8 ka 2012 Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care. 5 Article 13 The Present Convention shall apply to the wounded and sick belonging to the following categories: 1) Members of the armed forces of a Party to the conflict, as well as members of 10 militias or volunteer corps forming part of such armed forces. 2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: a) b) c) d) that of being commanded by a person responsible for his subordinates; that of having a fixed distinctive sign recognizable at a distance; that of carrying arms openly; that of conducting their operations in accordance with the laws and customs of war. 3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power. 4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany. 5) Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law. 6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. 15 20 25 30 35 Article 14 Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. 40 Article 15 At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. 45 Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield. 28 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area. Article 16 Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. 5 These records should if possible include: a) b) c) d) e) f) g) h) designation of the Power on which he depends; army, regimental, personal or serial number; surname; first name or names; date of birth; any other particulars shown on his identity card or disc; date and place of capture or death; particulars concerning wounds or illness, or cause of death. As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. Article 17 Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. One half of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body. Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead. They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves, together with particulars of the dead interred therein. 10 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 29 Ino 8 ka 2012 Article 18 The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities. The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence. No one may ever be molested or convicted for having nursed the wounded or sick. The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick. CHAPTER III MEDICAL UNITS AND ESTABLISHMENTS Article 19 Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units. The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety. Article 20 Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land. Article 21 The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. Article 22 The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19: 5 10 15 20 25 30 35 1. 2. 3. 4. 5. That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge. That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort. 40 That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment. That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof. 45 That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. 30 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 23 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. 5 10 The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities. 15 CHAPTER IV Personnel Article 24 Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances. Article 25 Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands. Article 26 The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations. Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces. Article 27 A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict. 20 25 30 35 40 The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it. 45 In no circumstances shall this assistance be considered as interference in the conflict. The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 31 Ino 8 ka 2012 Article 28 Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require. Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties: b) a) They shall be authorized to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required. In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions. c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties. 5 10 15 20 25 During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief. None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war. 30 Article 29 Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises. 35 Article 30 Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit. Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong. 40 On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them. 45 Article 31 The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health. 50 As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps. 32 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 32 Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained. Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit. 5 Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects, personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them. 10 The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health. 15 CHAPTER V BUILDINGS AND MATERIAL Article 33 The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick. 20 The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as the long as they are required for the care of wounded and sick. Nevertheless, commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them. 25 The material and stores defined in the present Article shall not be intentionally destroyed. Article 34 The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property. 30 The right of requisition recognised for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured. CHAPTER VI MEDICAL TRANSPORTS Article 35 Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units. Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain. The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law. Article 36 Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 33 Ino 8 ka 2012 attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned. They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their national colours on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities. 5 Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following. 10 Article 37 Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. 15 The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict. 20 Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend. CHAPTER VII THE DISTINCTIVE EMBLEM Article 38 25 30 As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognised by the terms of the present Convention. 35 Article 39 Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. 40 Article 40 The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. Such personnel, in addition to wearing the identity disc mentioned in Article 16, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he 45 34 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority. The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country. 5 In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced. 10 Article 41 The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority. 15 Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet. Article 42 20 The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities. In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs. 25 Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. Article 43 The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42. Subject to orders to the contrary by the responsible military authorities, they may on all occasions fly their national flag, even if they fall into the hands of the adverse Party. Article 44 With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words ‘‘Red Cross’’ or ‘‘Geneva Cross’’ may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph. 30 35 40 45 Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their national legislation, make use of the name and 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 35 Ino 8 ka 2012 emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings. The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the red cross on a white ground. As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick. CHAPTER VIII EXECUTION OF THE CONVENTION Article 45 Each Party to the conflict, acting through its commanders-in-chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present Convention. Article 46 Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited. Article 47 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. Article 48 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. CHAPTER IX REPRESSION OF ABUSES AND INFRACTIONS 5 10 15 20 25 30 35 Article 49 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. 40 Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. 45 Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. 36 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 50 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. 5 10 Article 51 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. 15 Article 52 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. 20 Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. Article 53 The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation ‘‘Red Cross’’ or ‘‘Geneva Cross’’, or any sign or designation constituting an imitation thereof, whatever the object of such use, irrespective of the date of its adoption, shall be prohibited at all times. By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times. Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use, provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention. 25 30 35 40 The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38. 45 Article 54 The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 37 Ino 8 ka 2012 FINAL PROVISIONS Article 55 The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 5 Article 56 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference but which are Parties to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field. 10 Article 57 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. 15 A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 58 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. 20 Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 59 The present Convention replaces the Conventions of August 22, 1864, July 6, 1906, and July 27, 1929, in relations between the High Contracting Parties. 25 Article 60 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. Article 61 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 62 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Article 63 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. 30 35 40 The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect 45 38 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 64 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention. 5 10 DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. 15 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 39 Ino 8 ka 2012 ANNEX I DRAFT AGREEMENT RELATING TO HOSPITAL ZONES AND LOCALITIES Article 1 Hospital zones shall be strictly observed for the persons named in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field of August 12, 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled. 5 Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there. 10 Article 2 No persons residing, in whatever capacity, in a hospital zone shall perform any work, either within or without the zone, directly connected with military operations or the production of war material. Article 3 15 The Power establishing a hospital zone shall take all necessary measures to prohibit access to all persons who have no right of residence or entry therein. Article 4 Hospital zones shall fulfil the following conditions: a) They shall comprise only a small part of the territory governed by the Power 20 which has established them. b) They shall be thinly populated in relation to the possibilities of accommoda- c) tion. They shall be far removed and free from all military objectives, or large industrial or administrative establishments. 25 d) They shall not be situated in areas which, according to every probability, may become important for the conduct of the war. Article 5 Hospital zones shall be subject to the following obligations: a) The lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material, even in transit. 30 b) They shall in no case be defended by military means. Article 6 Hospital zones shall be marked by means of red crosses (red crescents, red lions and suns) on a white background placed on the outer precincts and on the buildings. They may be similarly marked at night by means of appropriate illumination. 35 Article 7 The Powers shall communicate to all High Contracting Parties in peacetime or on the outbreak of hostilities, a list of the hospital zones in the territories governed by them. They shall also give notice of any new zones set up during hostilities. 40 As soon as the adverse Party has receive the above-mentioned notification, the zone shall be regularly constituted. If, however, the adverse Party considers that the conditions of the present agreement have not been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8. Article 8 Any Power having recognized one of several hospital zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissioners, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement. 45 50 40 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 For this purpose, the members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection. Article 9 Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power who has recognized the zone. 5 If, when the time limit has expired, the Power governing the zone has not complied with the warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone. 10 Article 10 Any Power setting up one or more hospital zones and localities, and the adverse Parties to whom their existence has been notified, shall nominate or have nominated by neutral Powers, the persons who shall be members of the Special Commissions mentioned in Articles 8 and 9. 15 Article 11 In no circumstances may hospital zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict. 20 Article 12 In the case of occupation of a territory, the hospital zones therein shall continue to be respected and utilized as such. Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated. 25 Article 13 The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital zones. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 41 Ino 8 ka 2012 42 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULE 2 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF 12 AUGUST 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows: CHAPTER I GENERAL PROVISIONS Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. 5 10 15 The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. 20 Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated 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; taking of hostages; outrages upon personal dignity, in particular, humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. b) c) d) 25 30 35 40 2) The wounded, sick and shipwrecked shall be collected and cared for. 45 An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 43 Ino 8 ka 2012 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. Article 4 5 In case of hostilities between land and naval forces of Parties to the conflict, the provisions of the present Convention shall apply only to forces on board ship. Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 10 Article 5 Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found. Article 6 In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, 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 wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, 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. Article 7 Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, 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. Article 8 The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. 15 20 25 30 35 The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. 40 The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities. Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief. 45 50 44 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. 5 10 If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. to the provisions of this Article, Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. 15 20 No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. 25 Article 11 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. CHAPTER II WOUNDED, SICK AND SHIPWRECKED Article 12 Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term ‘‘shipwreck’’ means shipwreck from any cause and includes forced landings at sea by or from aircraft. Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 45 Ino 8 ka 2012 they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex. Article 13 The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: 1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. 2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: a) b) c) d) that of being commanded by a person responsible for his subordinates; that of having a fixed distinctive sign recognizable at a distance; that of carrying arms openly; that of conducting their operations in accordance with the laws and customs of war. 3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power. 4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany. 5) Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. 6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. Article 14 All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment. 5 10 15 20 25 30 35 40 Article 15 If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war. 45 Article 16 Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it is expedient to hold them, or to convey 50 46 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 them to a port in the captor’s own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war. Article 17 Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war. 5 The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend. 10 Article 18 After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. 15 Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area. Article 19 The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include: a) b) c) d) e) f) g) h) designation of the Power on which he depends; army, regimental, personal or serial number; surname; first name or names; date of birth; any other particulars shown on his identity card or disc; date and place of capture or death; particulars concerning wounds or illness, or cause of death. As soon as possible the above-mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. Article 20 Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body. 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 47 Ino 8 ka 2012 If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be applicable. Article 21 The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead. 5 Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance. 10 They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed. CHAPTER III HOSPITAL SHIPS Article 22 Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels. 15 20 Article 23 Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be protected from bombardment or attack from the sea. 25 Article 24 Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with. 30 These ships must be provided with certificates from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure. 35 Article 25 Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with. Article 26 The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross. 40 45 48 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 27 Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit. 5 The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions. Article 28 Should fighting occur on board a warship, the sick-bays shall be respected and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent military necessity. Article 29 Any hospital ship in a port which falls into the hands of the enemy shall be authorized to leave the said port. 10 15 Article 30 The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality. 20 The High Contracting Parties undertake not to use these vessels for any military purpose. Such vessels shall in no wise hamper the movements of the combatants. During and after an engagement, they will act at their own risk. Article 31 The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, if the gravity of the circumstances so requires. 25 30 They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the provisions of the preceding paragraph are carried out. As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he can understand, the orders they have given the captain of the vessel. Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention. 35 Article 32 Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay in a neutral port. 40 Article 33 Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities. Article 34 The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 49 Ino 8 ka 2012 In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication. Article 35 The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them: 5 1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded. 2) The presence on board of apparatus exclusively intended to facilitate navigation or communication. 3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service. 10 4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians. 5) The transport of equipment and of personnel intended exclusively for medical 15 duties, over and above the normal requirements. CHAPTER IV PERSONNEL Article 36 The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board. 20 Article 37 The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They may take with them, on leaving the ship, their personal property. 25 If, however, it prove necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing. 30 Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 35 CHAPTER V MEDICAL TRANSPORTS Article 38 Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right to board the carrier ships, but not to capture them or seize the equipment carried. 40 By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. For this purpose, free access to the equipment shall be given. 45 50 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 39 Medical aircraft, that is to say, aircraft exclusively employed for the removal of the wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routes specifically agreed upon between the Parties to the conflict concerned. They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities. Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. 5 10 Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to alight, the aircraft with its occupants may continue its flight after examination, if any. 15 In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Articles 36 and 37. Article 40 Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. 20 25 The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict. Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend. CHAPTER VI THE DISTINCTIVE EMBLEM Article 41 30 35 Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. 40 Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the present Convention. Article 42 The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. 45 Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 51 Ino 8 ka 2012 the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority. The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country. In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced. Article 43 The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows: a) All exterior surfaces shall be white. b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air. All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible. Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships. 5 10 15 20 25 The above-mentioned ships and craft, which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled, must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent. 30 Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted. 35 Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to fly their own national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned. All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41. 40 Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships. Article 44 45 The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned. 52 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 45 The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43. CHAPTER VII EXECUTION OF THE CONVENTION Article 46 5 Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles and provide for unforeseen cases, in conformity with the general principles of the present Convention. 10 Article 47 Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited. Article 48 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. 15 20 Article 49 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. 25 CHAPTER VIII REPRESSION OF ABUSES AND INFRACTIONS Article 50 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. 30 Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. 35 Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. 40 In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 51 45 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 53 Ino 8 ka 2012 appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article 52 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. 5 Article 53 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. 10 If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire, who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 15 FINAL PROVISIONS Article 54 The present Convention is established in English and in French. Both texts are equally authentic. 20 The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Article 55 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Convention of October 18, 1907 for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field. 25 30 Article 56 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 35 Article 57 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 40 Article 58 The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties. 45 Article 59 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. 54 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 60 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 5 Article 61 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. 10 Article 62 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. 15 The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 63 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention. DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. 20 25 30 35 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 55 Ino 8 ka 2012 56 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULE 3 GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF 12 AUGUST 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: 5 PART I GENERAL PROVISIONS Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 10 15 20 Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 25 1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated 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; taking of hostages; outrages upon personal dignity, in particular, humiliating and degrading treatment; 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. b) c) d) 30 35 40 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. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 57 Ino 8 ka 2012 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. Article 4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: 1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. 2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: a) b) c) d) that of being commanded by a person responsible for his subordinates; that of having a fixed distinctive sign recognizable at a distance; that of carrying arms openly; that of conducting their operations in accordance with the laws and customs of war. 5 10 15 3) Members of regular armed forces who profess allegiance to a government or an 20 authority not recognized by the Detaining Power. 4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. 5) Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. 6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. B. The following shall likewise be treated as prisoners of war under the present Convention: 1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment. 2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, 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 25 30 35 40 45 50 58 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 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. 5 Article 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. 10 Article 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. 15 20 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. Article 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. Article 8 The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. 25 30 35 The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. 40 Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and for their relief. 45 Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 59 Ino 8 ka 2012 When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. to the provisions of this Article, Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. 5 10 15 No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article. 20 Article 11 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. PART II GENERAL PROTECTION OF PRISONERS OF WAR 25 30 35 Article 12 Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them. 40 Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with. 45 50 60 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 13 Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited. 5 10 Article 14 Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. 15 Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. Article 15 The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. Article 16 Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. PART III CAPTIVITY SECTION 1 BEGINNING OF CAPTIVITY Article 17 20 25 30 Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. 35 If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 61 Ino 8 ka 2012 No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. 5 The questioning of prisoners of war shall be carried out in a language which they understand. 10 Article 18 All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. 15 At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. 20 Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply. Such objects, likewise the sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. 25 30 Article 19 Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. 35 Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. 40 Article 20 The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated. 45 If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. 50 62 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SECTION II INTERNMENT OF PRISONERS OF WAR CHAPTER I General Observations Article 21 The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary. Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise. Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given. Article 22 Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries. 5 10 15 20 25 Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate. 30 The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent. Article 23 No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations. Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favour of the population shall also apply to them. 35 40 Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful location of prisoner of war camps. information regarding the geographical 45 Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 63 Ino 8 ka 2012 Article 24 Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment as in other camps. CHAPTER II Quarters, Food and Clothing of Prisoners of War Article 25 Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health. The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets. 5 10 The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire. 15 In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. Article 26 20 The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners. The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed. 25 Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted. Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession. 30 Adequate premises shall be provided for messing. Collective disciplinary measures affecting food are prohibited. Article 27 Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war. 35 The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands. 40 Article 28 Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices. 45 64 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund. When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. CHAPTER III Hygiene and Medical Attention Article 29 The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics. Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them. Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose. 5 10 15 20 Article 30 Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease. 25 Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation. Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency. 30 35 The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. 40 Article 31 Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 65 Ino 8 ka 2012 Article 32 Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49. CHAPTER IV Medical Personnel and Chaplains Retained to Assist Prisoners of War Article 33 Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions: a) They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. 5 10 15 20 25 30 35 None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view. 40 CHAPTER V Religious, Intellectual and Physical Activities Article 34 Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. 45 Adequate premises shall be provided where religious services may be held. Article 35 Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in 50 66 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. Article 36 Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. Article 37 When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. Article 38 While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER VI Discipline Article 39 Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. 5 10 15 20 25 30 35 40 Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. 45 Article 40 The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 67 Ino 8 ka 2012 Article 41 In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. 5 10 Article 42 The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. 15 CHAPTER VII Rank of Prisoners of War Article 43 Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications. 20 The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend. 25 Article 44 Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work. Supervision of the mess by the officers themselves shall be facilitated in every way. Article 45 Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. Supervision of the mess by the prisoners themselves shall be facilitated in every way. CHAPTER VIII Transfer of Prisoners of War after their Arrival in Camp Article 46 The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. 30 35 40 45 68 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure. 5 Article 47 Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. 10 Article 48 In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. 15 They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms per head. Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article. 20 25 The costs of transfers shall be borne by the Detaining Power. SECTION III LABOUR OF PRISONERS OF WAR Article 49 The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. 30 Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. 35 If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. Article 50 Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: a) b) agriculture; industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; transport and handling of stores which are not military in character or purpose; commercial business, and arts and crafts; domestic service; public utility services having no military character or purpose. c) d) e) f) 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 69 Ino 8 ka 2012 Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. Article 51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 5 10 15 Article 52 Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. 20 No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power’s own forces. The removal of mines or similar devices shall be considered as dangerous labour. Article 53 The duration of the daily labour of prisoners of war, including the time of the journey to and from, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby. 25 30 35 Article 54 The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. 40 Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 45 Article 55 The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do. 50 70 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. Article 56 The organization and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments. The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. Article 57 The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend. SECTION IV FINANCIAL RESOURCES OF PRISONERS OF WAR Article 58 Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. Article 59 Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section. 5 10 15 20 25 30 35 40 The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 45 Article 60 The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts: Category I: Prisoners ranking below sergeants: eight Swiss francs. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 71 Ino 8 ka 2012 Category II: Sergeants and other non-commissioned officers, or prisoners of equiva- lent rank: twelve Swiss francs. Category III: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: 5 sixty Swiss francs. Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. 10 Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power: a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above; b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. Article 61 The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. Article 62 Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. Article 63 Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. 15 20 25 30 35 40 45 50 72 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners’ account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. 5 To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention. 10 Article 64 The Detaining Power shall hold an account for each prisoner of war, showing at least the following: 1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. 15 2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 20 Article 65 Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ representative acting on his behalf. Prisoners of war shall at all times be afforded reasonable facilities for consulting and their accounts, which may likewise be inspected by the obtaining copies of representatives of the Protecting Powers at the time of visits to the camp. 25 When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. 30 The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 35 Article 66 On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power. 40 Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict. 45 The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 73 Ino 8 ka 2012 Article 67 Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. Article 68 Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123. SECTION V RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR Article 69 Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. Article 70 Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. Article 71 Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons. 5 10 15 20 25 30 35 40 45 50 Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as 55 74 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. 5 Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to offices of destination. Article 72 Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examina- tion papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. 10 15 Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. Article 73 In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. 20 25 30 The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. 35 Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. Article 74 All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in their respective territories. 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 75 Ino 8 ka 2012 In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 5 Article 75 Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts. Such transport may also be used to convey: a) b) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122; correspondence and reports relating to prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict. 10 15 20 These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport. 25 In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby. Article 76 The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. 30 The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. 35 Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 40 Article 77 The Detaining Power shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. 45 In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. 76 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SECTION VI RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES CHAPTER I Complaints of Prisoners of War Respecting the Conditions of Captivity Article 78 Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. 5 10 These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment. 15 Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers. CHAPTER II Prisoner of War Representatives Article 79 In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners’ representa- tives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs. 20 25 30 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 77 Ino 8 ka 2012 Article 80 Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in addition to the special duties entrusted to him by other provisions of the present Convention. 5 Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. Article 81 Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult. Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative. All facilities shall likewise be accorded to the prisoners’ representatives for communi- cation by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER III Penal and Disciplinary Sanctions I. General Provisions Article 82 A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. Article 83 In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 10 15 20 25 30 35 40 45 78 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 84 A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. 5 In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105. Article 85 10 Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. Article 86 No prisoner of war may be punished more than once for the same act or on the same charge. 15 Article 87 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. 20 25 Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges. 30 Article 88 Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. 35 A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. 40 Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 79 Ino 8 ka 2012 II. Disciplinary Sanctions Article 89 The disciplinary punishments applicable to prisoners of war are the following: 1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days. 5 2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. 3) Fatigue duties not exceeding two hours daily. 4) Confinement. 10 The punishment referred to under 3) shall not be applied to officers. In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war. Article 90 The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. 15 The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. 20 The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. 25 Article 91 The escape of a prisoner of war shall be deemed to have succeeded when: 1) 2) 3) he has joined the armed forces of the Power on which he depends, or those of an allied Power; 30 he has left the territory under the control of the Detaining Power, or of an ally of the said Power; he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. 35 Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape. Article 92 A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence. 40 A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. 80 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. Article 93 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. 5 10 Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 15 Article 94 If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made. 20 Article 95 A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline. 25 Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 30 Article 96 Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. 35 In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative. 40 A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 45 Article 97 Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 81 Ino 8 ka 2012 All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men. 5 Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women. Article 98 A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126. 10 A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. 15 Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital. 20 They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to the infirmary the perishable goods contained in such parcels. 25 III. Judicial Proceedings Article 99 No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed. 30 No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 35 Article 100 Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. 40 The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. 45 82 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 101 If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the the detailed communication Protecting Power receives, at an indicated address, provided for in Article 107. Article 102 A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed. Article 103 Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months. 5 10 15 Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. 20 The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial. Article 104 In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. 25 The said notification shall contain the following information: 1) 2) 3) 4) surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; 30 place of internment or confinement; specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; designation of the court which will try the case, likewise the date and place fixed for the opening of the trial. 35 The same communication shall be made by the Detaining Power to the prisoners’ representative. If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. Article 105 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. 40 45 Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 83 Ino 8 ka 2012 Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. 5 10 Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. Article 106 Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. Article 107 Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. 15 20 25 30 Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: 35 1) 2) 3) the precise wording of the finding and sentence; a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence; 40 notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. Article 108 45 Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. 50 84 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. 5 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 85 Ino 8 ka 2012 PART IV TERMINATION OF CAPTIVITY SECTION I DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES Article 109 Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the co-operation of the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. the neutral Powers concerned, to make arrangements for 5 10 They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity. 15 No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities. Article 110 The following shall be repatriated direct; 20 1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished. 2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. 25 3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished. The following may be accommodated in a neutral country: 1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery. 30 2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: 35 1) 2) those whose state of health has deteriorated so as to fulfil the condition laid down for direct repatriation; 40 those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and 45 86 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Conven- tion. Article 111 The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. Article 112 Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. 5 10 However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. 15 Article 113 Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article: 1) Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp. 2) Wounded and sick proposed by their prisoners’ representative. 3) Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners. 20 25 Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories. 30 The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination. 35 Article 114 Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommoda- tion in a neutral country. Article 115 No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. 40 45 Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 87 Ino 8 ka 2012 Article 116 The cost of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend. Article 117 No repatriated person may be employed on active military service. SECTION II RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF HOSTILITIES Article 118 Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph. In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis: a) b) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power. If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. 5 10 15 20 25 30 Article 119 Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs. 35 On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122. Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms. The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends. 40 45 50 88 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence. Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed. 5 By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. 10 SECTION III DEATH OF PRISONERS OF WAR Article 120 Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. Article 121 Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 89 Ino 8 ka 2012 A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible. 5 PART V INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR Article 122 Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war. Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory. 10 15 20 The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123. 25 This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent. The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above. Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible. The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession. 30 35 40 All written communications made by the Bureau shall be authenticated by a signature or a seal. 45 The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of 50 90 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. Article 123 A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency. The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions. 5 10 The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require. 15 The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief societies provided for in Article 125. Article 124 The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 20 Article 125 Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war. The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times. As soon as relief supplies or material intended for the above-mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. 25 30 35 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 91 Ino 8 ka 2012 PART VI EXECUTION OF THE CONVENTION SECTION I GENERAL PROVISIONS Article 126 Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits. 5 10 15 The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited. 20 Article 127 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. 25 Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. 30 Article 128 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. 35 Article 129 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. 40 Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. 45 Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. 92 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. Article 130 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. 5 10 Article 131 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 132 15 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. 20 Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. SECTION II FINAL PROVISIONS Article 133 25 The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 30 Article 134 The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties. Article 135 In the relations between the Powers which are bound by the Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above-mentioned Conventions of the Hague. Article 136 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929. Article 137 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 93 Ino 8 ka 2012 A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 138 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. 5 Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 139 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. 10 Article 140 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 15 Article 141 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Article 142 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 143 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention. DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. 20 25 30 35 40 45 94 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 ANNEX I MODEL AGREEMENT CONCERNING DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR (see Article 110) 5 I. PRINCIPLES FOR DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES A. Direct Repatriation The following shall be repatriated direct: 1) All prisoners of war suffering from the following disabilities as the result of trauma: loss of a limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot. 10 Without prejudice to a more generous interpretation, the following shall be considered as equivalent to the loss of a hand or a foot: a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss of a foot, or of all the toes and metatarsals of one foot. b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the functioning of one of the large articulations or of all the digital joints of one hand. Pseudarthrosis of the long bones. c) d) Deformities due to fracture or other injury which seriously interfere with function and weight-bearing power. 2) All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude recovery—in spite of treatment—within one year from the date of the injury, as, for example, in case of: a) Projectile in the heart, even if the Mixed Medical Commission should fail, at the time of their examination, to detect any serious disorders. b) Metallic splinter in the brain or the lungs, even if the Mixed Medical Commission cannot, at the time of examination, detect any local or general reaction. c) Osteomyelitis, when recovery cannot be foreseen in the course of the year following the injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent to the loss of a hand or a foot. Perforating and suppurating injury to the large joints. Injury to the skull, with loss or shifting of bony tissue. Injury or burning of the face with loss of tissue and functional lesions. Injury to the spinal cord. d) e) f) g) h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of a hand or foot, and the cure of which requires more than a year from the date of injury, for example: injury to the brachial or lumbosacral plexus, the median or sciatic nerves, likewise combined injury to the radial and cubital nerves or to the lateral popliteal nerve (N. peroneous communis) and medial popliteal nerve (N. tibialis); etc. The separate injury of the radial (musculo- spiral), cubital, lateral or medial popliteal nerves shall not, however, warrant repatriation except in case of contractures or of serious neurotrophic disturbance. 3) All sick prisoners of war whose condition has become chronic to the extent that prognosis seems to exclude recovery—in spite of treatment—within one year from the inception of the disease, as, for example, in case of: a) Progressive tuberculosis of any organ which, according to medical prognosis, cannot be cured, or at least considerably improved by treatment in a neutral country. b) Exudate pleurisy. 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 95 Ino 8 ka 2012 c) d) e) f) g) h) i) of the the liver; general cirrhosis condition; Serious diseases of the respiratory organs of non-tubercular etiology, presumed incurable, for example: serious pulmonary emphysema, with or without bronchitis; chronic asthma;* chronic bronchitis* lasting more than one year in captivity; bronchiectasis;* etc. Serious chronic affections of the circulatory system, for example: valvular lesions and myocarditis,* which have shown signs of circulatory failure during captivity, even though the Mixed Medical Commission cannot detect any such signs at the time of examination; affections of the pericardium and the vessels (Buerger’s disease, aneurisms of the large vessels); etc. Serious chronic affections of the digestive organs, for example: gastric or duodenal ulcer; sequelae of gastric operations performed in captivity; chronic gastritis, enteritis or colitis, having lasted more than one year and seriously affecting chronic cholecystopathy;* etc. Serious chronic affections of the genito-urinary organs, for example: chronic diseases of the kidney with consequent disorders; nephrectomy because of a tubercular kidney; chronic pyelitis or chronic cystitis; hydronephrosis or pyonephrosis; chronic grave gynaecological conditions; normal pregnancy and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc. Serious chronic diseases of the central and peripheral nervous system, for example: all obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis, etc., duly verified by a specialist;* any epilepsy duly verified by the camp physician;* cerebral arteriosclerosis; chronic neuritis lasting more than one year; etc. Serious chronic diseases of the neuro-vegetative system, with considerable diminution of mental or physical fitness, noticeable loss of weight and general asthenia. Blindness of both eyes, or of one eye when the vision of the other is less than 1 in spite of the use of corrective glasses; diminution of visual acuity in cases where it is impossible to restore it by correction to an acuity of 1/2 in at least iritis, one eye;* other grave ocular affections, for example: glaucoma, choroiditis; trachoma; etc. k) Auditive disorders, such as total unilateral deafness, if the other ear does not discern the ordinary spoken word at a distance of one metre;* etc. (l) Serious affections of metabolism, for example: diabetes mellitus requiring insulin treatment; etc. m) Serious disorders of the endocrine glands, for example: thyrotoxicosis; hypothyrosis; Addison’s disease; Simmonds’ cachexia; tetany; etc. n) Grave and chronic disorders of the blood-forming organs. o) Serious cases of chronic intoxication, for example: lead poisoning, mercury poisoning, morphinism, cocainism, alcoholism; gas or radiation poisoning; etc. p) Chronic affections of locomotion, with obvious functional disorders, for example: arthritis deformans; primary and secondary progressive chronic polyarthritis; rheumatism with serious clinical symptoms; etc. Serious chronic skin diseases, not amenable to treatment. q) r) Any malignant growth. s) Serious chronic infectious diseases, persisting for one year after their inception, for example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave disorders; tertiary visceral syphilis resistant to treatment; leprosy; etc. Serious avitaminosis or serious inanition. t) 5 10 15 20 25 30 35 40 45 50 * The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical specialists of the Detaining Power. 96 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 B. Accommodation in neutral countries The following shall be eligible for accommodation in a neutral country: 1) All wounded prisoners of war who are not likely to recover in captivity, but who might be cured or whose condition might be considerably improved by accommodation in a neutral country. 5 2) 3) 4) Prisoners of war suffering from any form of tuberculosis, of whatever organ, and whose treatment in a neutral country would be likely to lead to recovery or at least to considerable improvement, with the exception of primary tuberculosis cured before captivity. Prisoners of war suffering from affections requiring treatment of the respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if such treatment would clearly have better results in a neutral country than in captivity. 10 Prisoners of war who have undergone a nephrectomy in captivity for a non-tubercular renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring insulin treatment; etc. 15 5) Prisoners of war suffering from war or captivity neuroses. Cases of captivity neurosis which are not cured after three months of accommo- dation in a neutral country, or which after that length of time are not clearly on the way to complete cure, shall be repatriated. 20 6) All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, etc.), for whom the prospects of cure in a neutral country are especially favourable. 7) All women prisoners of war who are pregnant or mothers with infants and small children. The following cases shall not be eligible for accommodation in a neutral country: 25 1) All duly verified chronic psychoses. 2) All organic or functional nervous affections considered to be incurable. 3) All contagious diseases during the period in which they are transmissible, with the exception of tuberculosis. II. GENERAL OBSERVATIONS 1) The conditions given shall, in a general way, be interpreted and applied in as broad a spirit as possible. Neuropathic and psychopathic conditions caused by war or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war who have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be examined in the same spirit, with due regard for the psychic traumatism due to the number of their wounds. 2) All unquestionable cases giving the right to direct repatriation (amputation, total blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be examined and repatriated as soon as possible by the camp physicians or by military medical commissions appointed by the Detaining Power. 3) Injuries and diseases which existed before the war and which have not become worse, as well as war injuries which have not prevented subsequent military service, shall not entitle to direct repatriation. 30 35 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 97 Ino 8 ka 2012 4) The provisions of this Annex shall be interpreted and applied in a similar manner in all countries party to the conflict. The Powers and authorities concerned shall grant the accomplishment of their task. to Mixed Medical Commissions all the facilities necessary for 5) The examples quoted under 1) above represent only typical cases. Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of the present Convention, and of the principles embodied in the present Agreement. 5 98 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 ANNEX II REGULATIONS CONCERNING MIXED MEDICAL COMMISSIONS (see Article 112) Article 1 The Mixed Medical Commissions provided for in Article 112 of the Convention shall be composed of three members, two of whom shall belong to a neutral country, the third being appointed by the Detaining Power. One of the neutral members shall take the chair. 5 Article 2 The two neutral members shall be appointed by the International Committee of the Red Cross, acting in agreement with the Protecting Power, at the request of the Detaining Power. They may be domiciled either in their country of origin, in any other neutral country, or in the territory of the Detaining Power. Article 3 The neutral members shall be approved by the Parties to the conflict concerned, who shall notify their approval to the International Committee of the Red Cross and to the Protecting Power. Upon such notification, the neutral members shall be considered as effectively appointed. 10 15 Article 4 Deputy members shall also be appointed in sufficient number to replace the regular members in case of need. They shall be appointed at the same time as the regular members or, at least, as soon as possible. 20 Article 5 If for any reason the International Committee of the Red Cross cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the prisoners of war to be examined. 25 Article 6 So far as possible, one of the two neutral members shall be a surgeon and the other a physician. Article 7 The neutral members shall be entirely independent of the Parties to the conflict, which shall grant them all facilities in the accomplishment of their duties. 30 Article 8 By agreement with the Detaining Power, the International Committee of the Red Cross, when making the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle the terms of service of the nominees. 35 Article 9 The Mixed Medical Commissions shall begin their work as soon as possible after the neutral members have been approved, and in any case within a period of three months from the date of such approval. Article 10 40 The Mixed Medical Commissions shall examine all the prisoners designated in Article 113 of the Convention. They shall propose repatriation, rejection, or reference to a later examination. Their decisions shall be made by a majority vote. Article 11 The decisions made by the Mixed Medical Commissions in each specific case shall be communicated, during the month following their visit, to the Detaining Power, the Protecting Power and the International Committee of the Red Cross. The Mixed Medical Commissions shall also inform each prisoner of war examined of the decision made, and shall issue to those whose repatriation has been proposed, certificates similar to the model appended to the present Convention. 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 99 Ino 8 ka 2012 Article 12 The Detaining Power shall be required to carry out the decisions of the Mixed Medical Commissions within three months of the time when it receives due notification of such decisions. Article 13 If there is no neutral physician in a country where the services of a Mixed Medical Commission seem to be required, and if it is for any reason impossible to appoint neutral doctors who are resident in another country, the Detaining Power, acting in agreement with the Protecting Power, shall set up a Medical Commission which shall undertake the same duties as a Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations. 5 10 Article 14 Mixed Medical Commissions shall function permanently and shall visit each camp at intervals of not more than six months. 100 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 ANNEX III REGULATIONS CONCERNING COLLECTIVE RELIEF (see Article 73) Article 1 Prisoners’ representatives shall be allowed to distribute collective relief shipments for which they are responsible, to all prisoners of war administered by their camp, including those who are in hospitals, or in prisons or other penal establishments. 5 Article 2 The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the prisoners’ representatives. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably. Article 3 The said prisoners’ representatives or their assistants shall be allowed to go to the points of arrival of relief supplies near their camps, so as to enable the prisoners’ representatives or their assistants to verify the quality as well as the quantity of the goods received, and to make out detailed reports thereon for the donors. Article 4 Prisoners’ representatives shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their camps has been carried out in accordance with their instructions. Article 5 Prisoners’ representatives shall be allowed to fill up, and cause to be filled up by the prisoners’ representatives of labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay. Article 6 In order to secure the regular issue of collective relief to the prisoners of war in their camp, and to meet any needs that may arise from the arrival of new contingents of prisoners, prisoners’ representatives shall be allowed to build up and maintain adequate reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the prisoners’ representative holding the keys of one lock and the camp commander the keys of the other. Article 7 When collective consignments of clothing are available, each prisoner of war shall retain in his possession at least one complete set of clothes. If a prisoner has more than one set of clothes, the prisoners’ representative shall be permitted to withdraw excess clothing from those with the largest number of sets, or particular articles in excess of one, if this is necessary in order to supply prisoners who are less well provided. He shall not, however, withdraw second sets of underclothing, socks or footwear, unless this is the only means of providing for prisoners of war with none. Article 8 The High Contracting Parties, and the Detaining Powers in particular, shall authorize, as far as possible and subject to the regulations governing the supply of the population, all purchases of goods made in their territories for the distribution of collective relief to prisoners of war. They shall similarly facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases. 10 15 20 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 101 Ino 8 ka 2012 Article 9 The foregoing provisions shall not constitute an obstacle to the right of prisoners of war to receive collective relief before their arrival in a camp or in the course of transfer, nor to the possibility of representatives of the Protecting Power, the International Committee of the Red Cross, or any other body giving assistance to prisoners which may be responsible for the forwarding of such supplies, ensuring the distribution thereof to the addressees by any other means that they may deem useful. 5 102 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 103 Ino 8 ka 2012 104 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 105 Ino 8 ka 2012 106 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 107 Ino 8 ka 2012 108 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 109 Ino 8 ka 2012 SCHEDULE 4 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention for the Protection of Civilian Persons in Time of War, have agreed as follows: PART I GENERAL PROVISIONS Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. 5 10 15 The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. 20 Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated 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; taking of hostages; outrages upon personal dignity, in particular humiliating and degrading treatment; 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. b) c) d) 25 30 35 40 45 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. 50 110 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 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 a Party to the conflict or Occupying Power of which they are not nationals. 5 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, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention. Article 5 Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State. Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be. Article 6 The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations. 10 15 20 25 30 35 In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143. 40 45 Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention. Article 7 In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 111 Ino 8 ka 2012 provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them. Protected persons 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. 5 Article 8 Protected persons 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. 10 Article 9 The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. 15 The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. 20 The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Article 10 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief. 25 Article 11 The High Contracting Parties may at any time agree to entrust to an international organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. 30 When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. to the provisions of this Article, Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. 35 40 45 50 112 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article. The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation. Article 12 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. 5 10 15 20 PART II GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR Article 13 The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war. 25 Article 14 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. 30 35 The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities. 40 Article 15 Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction: a) wounded and sick combatants or non-combatants; b) civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character. When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone. 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 113 Ino 8 ka 2012 Article 16 The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment. 5 Article 17 The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. 10 Article 18 Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict. 15 States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19. Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State. 20 The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. Article 19 The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded. 25 30 The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy. 35 Article 20 Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected. In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 40 45 Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided 50 114 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed. The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. Article 21 Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Article 22 Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 5 10 15 Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. 20 Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. Article 23 Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing: a) b) c) that the consignments may be diverted from their destination, that the control may not be effective, or that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods. 25 30 35 The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers. 40 Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. Article 24 The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 115 Ino 8 ka 2012 The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means. 5 Article 25 All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay. If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month. Article 26 Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. 10 15 20 25 PART III STATUS AND TREATMENT OF PROTECTED PERSONS SECTION I PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES 30 Article 27 Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. 35 Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. 40 Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. 45 Article 28 The presence of a protected person may not be used to render certain points or areas immune from military operations. 116 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 29 The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred. Article 30 5 Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them. These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations. 10 Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons. Article 31 No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. Article 32 The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. Article 33 No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited. Article 34 The taking of hostages is prohibited. SECTION II ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT Article 35 All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use. If any such person is refused permission to leave the territory, he shall be entitled to have refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. 15 20 25 30 35 40 45 Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 117 Ino 8 ka 2012 Article 36 Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. 5 The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. 10 Article 37 Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. 15 Article 38 With the exception of special measures authorized by the present Convention, in particularly by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them: 20 1) They shall be enabled to receive the individual or collective relief that may be sent to them. 2) They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned. 3) They shall be allowed to practise their religion and to receive spiritual assistance 25 from ministers of their faith. 4) If they reside in an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned. 5) Children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned. 30 Article 39 Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are. Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents. Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30. 35 40 Article 40 Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are. 45 If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and 118 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 health of human beings and which is not directly related to the conduct of military operations. In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. Article 41 Should the Power, in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43. In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention. 5 10 15 Article 42 The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. 20 If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be. Article 43 Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit. 25 30 Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or 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. 35 Article 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. 40 Article 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. 45 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 fails to carry out the provisions of the present 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 119 Ino 8 ka 2012 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. 5 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. Article 46 10 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. 15 SECTION III OCCUPIED TERRITORIES Article 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. 20 25 Article 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. 30 Article 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. 35 40 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. 45 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. 120 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Article 50 The Occupying Power shall, with the co-operation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. 5 The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. 10 A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available. 15 The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. 20 Article 51 The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted. 25 The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour. The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article. 30 35 40 In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. Article 52 No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention. All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 121 Ino 8 ka 2012 Article 53 Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. Article 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 Article

51. It does not affect the right of the Occupying Power to remove public officials from their posts. Article 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. 5 10 15 20 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. 25 Article 56 To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the co-operation 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 Article 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. 30 35 40 Article 57 The Occupying Power may requisition civilian hospitals of 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. 45 The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population. 50 Article 58 The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities. 122 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. Article 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. 5 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. 10 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. Article 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. Article 61 The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the co-operation 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. 15 20 25 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. 30 All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories. Article 62 35 Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. Article 63 Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power: 40 a) b) 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; 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. 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 123 Ino 8 ka 2012 Article 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. 5 10 Article 65 The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. 15 Article 66 In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. Article 67 The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact the accused is not a national of the Occupying Power. Article 68 Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period. The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty against a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began. 20 25 30 35 40 The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. 45 In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence. Article 69 50 In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment of awarded. 124 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 70 Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. Article 71 No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial. Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons. The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars: a) b) c) d) e) description of the accused; place of residence or detention; specification of the charge or charges (with mention of the penal provisions under which it is brought); designation of the court which will hear the case; place and date of the first hearing. Article 72 Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence. Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel. 5 10 15 20 25 30 35 40 Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement. 45 Article 73 A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 50 The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 125 Ino 8 ka 2012 Article 74 Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power. Any judgement involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71 and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgements other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgement has been received by the Protecting Power. Article 75 In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. 5 10 15 No death sentence shall be carried out before the expiration of a period of a least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve. 20 The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences. Article 76 Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country. They shall receive the medical attention required by their state of health. 25 30 They shall also have the right to receive any spiritual assistance which they may require. 35 Women shall be confined in separate quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors. Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143. 40 Such persons shall have the right to receive at least one relief parcel monthly. Article 77 Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory. 45 Article 78 If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment. 50 126 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power. Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention. SECTION IV REGULATIONS FOR THE TREATMENT OF INTERNEES 5 10 CHAPTER I General provisions Article 79 The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78. 15 Article 80 Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status. Article 81 20 Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health. No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs. 25 The Detaining Power shall provide for the support of those dependent on the internees, if such dependents are without adequate means of support or are unable to earn a living. Article 82 The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages. 30 Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them. 35 Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life. 40 CHAPTER II Places of Internment Article 83 The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 127 Ino 8 ka 2012 The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment. Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such. 5 Article 84 Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason. 10 Article 85 The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit. The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees. Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning. Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory. Article 86 The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services. Article 87 Canteens shall be installed in every place of internment, except where other suitable facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well-being and comfort. Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund. When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. 15 20 25 30 35 40 45 50 128 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 88 In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them. All due precautions must be taken in places of internment against the danger of fire. CHAPTER III Food and Clothing Article 89 5 10 Daily food rations for internees shall be sufficient in quantity, quality and variety to keep the development of nutritional internees in a good state of health and prevent deficiencies. Account shall also be taken of the customary diet of the internees. Internees shall also be given the means by which they can prepare for themselves any additional food in their possession. 15 Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted. Internees who work shall receive additional rations in proportion to the kind of labour which they perform. 20 Expectant and nursing mothers and children under fifteen years of age shall be given additional food, in proportion to their physiological needs. Article 90 When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power. 25 The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule. 30 Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires. CHAPTER IV Hygiene and Medical Attention Article 91 Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases. Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population. 35 40 Internees shall, for preference, have the attention of medical personnel of their own nationality. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 129 Ino 8 ka 2012 Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140. Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee. Article 92 Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination. 5 10 15 CHAPTER V Religious, Intellectual and Physical Activities Article 93 Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities. 20 Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112. When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security. Article 94 The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercice thereof, in particular by providing suitable premises. 25 30 35 40 45 All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside. Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people. 50 130 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 95 The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited. After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days’ notice. These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited. The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. Article 96 All labour detachments shall remain part of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment. CHAPTER VI Personal Property and Financial Resources Article 97 5 10 15 20 25 30 35 40 Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor. 45 The amounts shall be paid into the account of every internee as provided for in Article

2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation. Article 38 — Recognized emblems 1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property. 2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization. Article 39 — Emblems of nationality 10 15 20 1. 2. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations. 25

3. Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea. Article 40 — Quarter It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis. 30 Article 41 — Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances should be recognized to be hors de combat shall not be made the object of attack.

2. A person is hors de combat if: 35 (a) he is in the power of an adverse Party; (b) he clearly expresses an intention to surrender; or (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself, provided that in any of these cases he abstains from any hostile act and does not attempt to escape. 40 168 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012

3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety. Article 42 — Occupants of aircraft 5

1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act. 10

3. Airborne troops are not protected by this Article. SECTION II — COMBATANTS AND PRISONERS OF WAR STATUS Article 43 — Armed forces 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct or its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict. 15 20

2. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.

3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict. 25 Article 44 — Combatants and prisoners of war

1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

2. While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4. 3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly: 30 35 40 (a) during each military engagement, and (b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 169 Ino 8 ka 2012 Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1(c).

4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed. 5

5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities. 10 6. 7. 8. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention. This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict. 15 In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters. Article 45 — Protection of persons who have taken part in hostilities

1. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal. 2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly.

3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention. Article 46 — Spies

1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. 20 25 30 35 40 45 50 170 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012

2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.

3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs. 5 10 15 Article 47 — Mercenaries

1. A mercenary shall not have the right to be a combatant or a prisoner of war.

2. A mercenary is any person who: (a) is specially recruited locally or abroad in order to fight in an armed conflict; 20 (b) does, in fact, take a direct part in the hostilities; (c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; 25 (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict; (e) is not a member of the armed forces of a Party to the conflict; and (f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces. 30 PART IV CIVILIAN POPULATION SECTION I — GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES 35 CHAPTER I — BASIC RULE AND FIELD OF APPLICATION Article 48 — Basic rule In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives. 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 171 Ino 8 ka 2012 Article 49 — Definition of attacks and scope of application 1. 2. 3. 4. ‘‘Attacks’’ means acts of violence against the adversary, whether in offence or in defence. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party. 5 The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land. They further apply to all attacks from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities. 10 15 CHAPTER II — CIVILIANS AND CIVILIAN POPULATION Article 50 — Definition of civilians and civilian population

1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected. 2. In all circumstances they shall be treated humanely and shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones. Article 8 — Search Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them. 35 40 45 212 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 9 — Protection of medical and religious personnel

1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission. 5 2. In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds. Article 10 — General protection of medical duties

1. Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom. 10 2. 3. 4. Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol. 15 The professional obligations of persons engaged in medical activities regarding information which they may acquire concerning the wounded and sick under their care shall, subject to national law, be respected. Subject to national law, no person engaged in medical activities may be penalized in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care. 20 Article 11 — Protection of medical units and transports

1. Medical units and transports shall be respected and protected at all times and shall not be the object of attack. 2. The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given, setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. Article 12 — The distinctive emblem Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical transports. It shall be respected in all circumstances. It shall not be used improperly. PART IV CIVILIAN POPULATION Article 13 — Protection of the civilian population 25 30 35 1. 2. The civilian population and individual civilians shall enjoy general protection against to this the dangers arising from military operations. To give effect protection, the following rules shall be observed in all circumstances. 40 The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent. Articles which have above all a personal or sentimental value may not be taken away. 50 A woman internee shall not be searched except by a woman. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 131 Ino 8 ka 2012 On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt. Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment. 5 10 Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases. Article 98 All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons. 15 Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention. The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power, on request, and shall accompany the internee in case of transfer. CHAPTER VII Administration and Discipline Article 99 Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application. 20 25 30 35 40 The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee. 45 Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand. 50 Every order and command addressed to internees individually must, likewise, be given in a language which they understand. 132 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 100 The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited. 5 In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited. Article 101 Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the conditions of internment to which they are subjected. 10 They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment. Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment. 15 Periodic reports on the situation in places of internment and as to the needs of the internees may be sent by the Internee Committees to the representatives of the Protecting Powers. 20 Article 102 the members of a Committee empowered to represent In every place of internment, the internees shall freely elect by secret ballot every six months, them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election. Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. Article 103 The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees. In case the internees decide, in particular, to organize a system of mutual assistance amongst this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention. themselves, Article 104 Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby. Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.). All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107. 25 30 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 133 Ino 8 ka 2012 Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. CHAPTER VIII Relations with the Exterior Article 105 Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures. Article 106 As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way. Article 107 Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons. Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent. As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages. Article 108 Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments. The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. Article 109 In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations 5 10 15 20 25 30 35 40 45 50 134 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 concerning collective relief which are annexed to the present Convention shall be applied. The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients. 5 Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. Article 110 All relief shipments for internees shall be exempt from import, customs and other dues. All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances. The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories. Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders. 10 15 20 25 The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them. 30 Article 111 Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts. Such transport may also be used to convey: a) b) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136; correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict. 35 40 45 These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 135 Ino 8 ka 2012 The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby. Article 112 The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible. 5 The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible. Article 113 The Detaining Powers shall provide all reasonable execution facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or despatched by them. 10 15 In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer. 20 Article 114 The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow. Article 115 In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court. 25 30 Article 116 Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible. 35 As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives. CHAPTER IX Penal and Disciplinary Sanctions Article 117 40 Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment. If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only. 45 No internee may be punished more than once for the same act, or on the same count. 136 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 118 The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed. 5 Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. The duration of preventive detention undergone by an internee shall be deducted from to which he may be any disciplinary or judicial penalty involving confinement sentenced. 10 Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. Article 119 15 The disciplinary punishments applicable to internees shall be the following: 1) A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days. 2) Discontinuance of privileges granted over and above the treatment provided for by 20 the present Convention. 3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment. 4) Confinement. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health. 25 The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. Article 120 Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence. Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention. 30 35 Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. 40 Article 121 Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape. The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 137 Ino 8 ka 2012 Article 122 Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible. In case of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement. 5 The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline. Article 123 10 Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers. Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee. 15 20 The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month. When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. 25 A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power. Article 124 Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. 30 The premises in which disciplinary punishments are undergone shall conform to sanitary requirements: they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness. 35 Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. Article 125 Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. 40 They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels. 45 138 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention. Article 126 The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power. 5 CHAPTER X Transfers of Internees Article 127 The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue. The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred. 10 15 Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands. 20 If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes. Article 128 In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee. Mail and parcels addressed to their former place of internment shall be forwarded to them without delay. 25 30 35 The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph. 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 139 Ino 8 ka 2012 CHAPTER XI Deaths Article 129 The wills of internees shall be received for safekeeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated. 5 Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred. An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140 Article 130 The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized. Deceased internees shall be buried in individual graves unless unavoidable circum- stances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safekeeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request. As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom deceased internees depended, through the Information Bureaux provided for in Article

136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves. Article 131 Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible. 10 15 20 25 30 35 40 CHAPTER XII Release, Repatriation and Accommodation in Neutral Countries Article 132 Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist. 45 The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time. 50 140 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 133 Internment shall cease as soon as possible after the close of hostilities. Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty. 5 By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees. 10 Article 134 The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation. Article 135 The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure. Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request. 15 20 25 If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. 30 SECTION V INFORMATION BUREAUX AND CENTRAL AGENCY Article 136 Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power. Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths. Article 137 Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons. 35 40 45 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 141 Ino 8 ka 2012 Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140. All communications in writing made by any Bureau shall be authenticated by a signature or a seal. Article 138 The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed. Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week. Article 139 Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables. Article 140 A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions. 5 10 15 20 25 30 35 The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require. 40 The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief Societies described in Article 142. 45 Article 141 The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 142 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 PART IV EXECUTION OF THE CONVENTION SECTION I GENERAL PROVISIONS Article 142 Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons. 5 10 15 The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times. 20 Article 143 Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work. They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter. 25 Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted. Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits. 30 The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. 35 Article 144 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population. 40 Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions. 45 Article 145 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 143 Ino 8 ka 2012 Article 146 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. 5 10 Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 147 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experi- ments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. 15 20 25 Article 148 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. 30 Article 149 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. 35 If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 40 SECTION II FINAL PROVISIONS Article 150 The present Convention is established in English and in French. Both texts are equally authentic. 45 The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Article 151 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949. 50 144 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 152 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 5 Article 153 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 10 Article 154 In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague. 15 Article 155 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. 20 Article 156 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 25 Article 157 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. 30 Article 158 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. 35 The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 159 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 145 Ino 8 ka 2012 United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention. DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. 5 146 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 ANNEX I DRAFT AGREEMENT RELATING TO HOSPITAL AND SAFETY ZONES AND LOCALITIES Article 1 Hospital and safety zones shall be strictly reserved for the persons mentioned in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, and in Article 14 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled. 5 10 Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there. Article 2 No persons residing, in whatever capacity, in a hospital and safety zone shall perform any work, either within or without the zone, directly connected with military operations or the production of war material. 15 Article 3 The Power establishing a hospital and safety zone shall take all necessary measures to prohibit access to all persons who have no right of residence or entry therein. 20 Article 4 Hospital and safety zones shall fulfil the following conditions: a) They shall comprise only a small part of the territory governed by the Power which has established them. b) They shall be thinly populated in relation to the possibilities of accommoda- 25 c) tion. They shall be far removed and free from all military objectives, or large industrial or administrative establishments. d) They shall not be situated in areas which, according to every probability, may become important for the conduct of the war. Article 5 Hospital and safety zones shall be subject to the following obligations: a) The lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material, even in transit. b) They shall in no case be defended by military means. Article 6 Hospital and safety zones shall be marked by means of oblique red bands on a white ground, placed on the buildings and outer precincts. 30 35 Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground. 40 They may be similarly marked at night by means of appropriate illumination. Article 7 The Powers shall communicate to all the High Contracting Parties in peacetime or on the outbreak of hostilities, a list of the hospital and safety zones in the territories governed by them. They shall also give notice of any new zones set up during hostilities. 45 As soon as the adverse party has received the above-mentioned notification, the zone shall be regularly established. If, however, the adverse Party considers that the conditions of the present agreement have not been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 147 Ino 8 ka 2012 Article 8 Any Power having recognized one or several hospital and safety zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement. 5 For this purpose, members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection. Article 9 Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power which has recognized the zone. 10 If, when the time limit has expired, the Power governing the zone has not complied with the warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone. 15 Article 10 Any Power setting up one or more hospital and safety zones, and the adverse Parties to whom their existence has been notified, shall nominate or have nominated by the Protecting Powers or by other neutral Powers, persons eligible to be members of the Special Commissions mentioned in Articles 8 and 9. 20 Article 11 In no circumstances may hospital and safety zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict. 25 Article 12 In the case of occupation of a territory, the hospital and safety zones therein shall continue to be respected and utilized as such. Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated. 30 Article 13 The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital and safety zones. 148 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 ANNEX II DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF Article 1 The Internee Committees shall be allowed to distribute collective relief shipments for which they are responsible, to all internees who are dependent for administration on the said Committee’s place of internment, including those internees who are in hospitals, or in prison or other penitentiary establishments. Article 2 The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably. Article 3 Members of Internee Committees shall be allowed to go to the railway stations or other points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as the quality of the goods received and to make out detailed reports thereon for the donors. Article 4 Internee Committees shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their places of internment has been carried out in accordance with their instructions. 5 10 15 20 Article 5 Internee Committees shall be allowed to complete, and to cause to be completed by members of the Internee Committees in labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay. 25 30 Article 6 In order to secure the regular distribution of collective relief supplies to the internees in their place of internment, and to meet any needs that may arise through the arrival of fresh parties of internees, the Internee Committees shall be allowed to create and maintain sufficient reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock, and the commandant of the place of internment the keys of the other. 35 Article 7 The High Contracting Parties, and the Detaining Powers in particular, shall, so far as is in any way possible and subject to the regulations governing the food supply of the population, authorize purchases of goods to be made in their territories for the distribution of collective relief to the internees. They shall likewise facilitate the transfer of funds and other financial measures of technical or administrative nature taken for the purpose of making such purchases. 40 45 Article 8 The foregoing provisions shall not constitute an obstacle to the right of internees to receive collective relief before their arrival in a place of internment or in the course of their transfer, nor to the possibility of representatives of the Protecting Power, or of the International Committee of the Red Cross or any other humanitarian organization giving assistance to internees and responsible for forwarding such supplies, ensuring the distribution thereof to the recipients by any other means they may deem suitable. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 149 Ino 8 ka 2012 150 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 151 Ino 8 ka 2012 152 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULE 5 PROTOCOL I PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I), OF 8 JUNE 1977 5 PREAMBLE The High Contracting Parties, Proclaiming their earnest wish to see peace prevail among peoples, Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, 10 Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application, 15 Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations, Reaffırming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict, Have agreed on the following: PART I GENERAL PROVISIONS Article 1 — General principles and scope of application 20 25 30 1. 2. 3. 4. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience. 35 This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 153 Ino 8 ka 2012 Article 2 — Definitions For the purposes of this Protocol: (a) (b) (c) ‘‘Second Convention’’, ‘‘First Convention’’, ‘‘Third Convention’’ and ‘‘Fourth Convention’’ mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; ‘‘the Conventions’’ means the four Geneva Conventions of 12 August 1949 for the protection of war victims; ‘‘rules of international law applicable in armed conflict’’ means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict; ‘‘Protecting Power’’ means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol; (d) ‘‘substitute’’ means an organization acting in place of a Protecting Power in accordance with Article 5. Article 3 — Beginning and end of application Without prejudice to the provisions which are applicable at all times: (a) (b) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol; the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release, repatriation or re-establishment. Article 4 — Legal status of the Parties to the conflict The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question. Article 5 — Appointment of Protecting Powers and of their substitute 1. 2. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict. From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same 50 5 10 15 20 25 30 35 40 45 154 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 3. 4. 5. 6. purpose, permit the activities or a Protecting Power which has been accepted by it as such after designation by the adverse Party. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may, inter alia, ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party and ask each adverse Party to provide a list or at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt or the request; it shall compare them and seek the agreement of any proposed State named on both lists. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol. In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory. The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a Party’s interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol.

7. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute. Article 6 — Qualified persons 5 10 15 20 25 30 35 1. 2. 3. 4. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers. The recruitment and training of such personnel are within domestic jurisdiction. 40 The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose. The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned. 45 Article 7 — Meetings The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems concerning the application of the Conventions and of the Protocol. 50 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 155 Ino 8 ka 2012 PART II WOUNDED, SICK AND SHIPWRECKED SECTION I — GENERAL PROTECTION Article 8 — Terminology For the purposes of this Protocol: (a) (b) (c) ‘‘wounded’’ and ‘‘sick’’ mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility; ‘‘shipwrecked’’ means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol; ‘‘medical personnel’’ means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes: 5 10 15 20 (i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations; 25 (ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict; (iii) medical personnel or medical units or medical transports described in Article 9, paragraph 2. 30 (d) ‘‘religious personnel’’ means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached: (i) to the armed forces of a Party to the conflict; (ii) to medical units or medical transports of a Party to the conflict; (iii) to medical units or medical transports described in Article 9, Paragraph 2; or 35 (iv) to civil defence organizations of a Party to the conflict. The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under subparagraph (k) apply to them; (e) ‘‘medical units’’ means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment — of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary; 40 45 156 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (f) ‘‘medical transportation’’ means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol; (g) ‘‘medical transports’’ means any means of transportation, whether military or civilian, permanent or temporary, assigned exclusively to medical transporta- tion and under the control of a competent authority of a Party to the conflict; 5 (h) ‘‘medical vehicles’’ means any medical transports by land; (i) (j) (k) ‘‘medical ships and craft’’ means any medical transports by water; ‘‘medical aircraft’’ means any medical transports by air; ‘‘permanent medical personnel’’, ‘‘permanent medical units’’ and ‘‘permanent medical transports’’ mean those assigned exclusively to medical purposes for an indeterminate period. ‘‘Temporary medical personnel’’, ‘‘temporary medical units’’ and ‘‘temporary medical transports’’ mean those devoted exclusively to medical purposes for limited periods during the whole of such periods. Unless otherwise specified, the terms ‘‘medical personnel’’, ‘‘medi- cal units’’ and ‘‘medical transports’’ cover both permanent and temporary categories; (l) ‘‘distinctive emblem’’ means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies; 10 15 20 (m) ‘‘distinctive signal’’ means any signal or message specified for the identifica- tion exclusively of medical units or transports in Chapter III of Annex I to this Protocol. 25 Article 9 — Field of application 1. 2. This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. The relevant provisions of Articles 27 and 32 of the First Convention shall apply to permanent medical units and transports (other than hospital ships, to which Article 25 of the Second Convention applies) and their personnel made available to a Party to the conflict for humanitarian purposes: 30 35 (a) by a neutral or other State which is not a Party to that conflict; (b) by a recognized and authorized aid society of such a State; (c) by an impartial international humanitarian organization. Article 10 — Protection and care

2. At the end of the armed conflict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty. 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 209 Ino 8 ka 2012 Article 3 — Non-intervention

1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State. 5

2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs. PART II HUMANE TREATMENT Article 4 — Fundamental guarantees

1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be 40 respected and protected. 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones. 45 Article 11 — Protection of persons GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 157 Ino 8 ka 2012 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty. 5 2. It is, in particular, prohibited to carry out on such persons, even with their consent: 10 (a) physical mutilations; (b) medical or scientific experiments; (c) removal of tissue or organs for transplantation, except where these acts are justified in conformity with the conditions provided for in paragraph 1. 15 3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the benefit of both the donor and the recipient.

4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol. 5. 6. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient. Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. These records shall be available at all times for inspection by the Protecting Power. Article 12 — Protection of medical units

1. Medical units shall be respected and protected at all times and shall not be the object of attack. 2. Paragraph 1 shall apply to civilian medical units, provided that they: (a) belong to one of the Parties to the conflict; (b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or (c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention. 20 25 30 35 40 3. The Parties to the conflict are invited to notify each other of the location of their fixed medical units. The absence of such notification shall not exempt any of the Parties from the obligation to comply with the provisions of paragraph 1. 45 158 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012

4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety. Article 13 — Discontinuance of protection of civilian medical units 1. The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. 2. The following shall not be considered as acts harmful to the enemy: 5 10 (a) that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge; (b) that the unit is guarded by a picket or by sentries or by an escort; (c) (d) that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units; 15 that members of the armed forces or other combatants are in the unit for medical reasons. Article 14 — Limitations on requisition of civilian medical units 1. 2. 3. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied. 20 The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their materiel or the services of their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment. 25 Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said resources, subject to the following particular conditions: (a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members of the armed forces of the Occupying Power or of prisoners of war; 30 (b) that the requisition continues only while such necessity exists; and (c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied. 35 Article 15 — Protection of civilian medical and religious personnel

1. Civilian medical personnel shall be respected and protected. 2. 3. If needed, all available help shall be afforded to civilian medical personnel in an area where civilian medical services are disrupted by reason of combat activity. 40 The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance of those functions, such personnel shall give priority to the treatment GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 159 Ino 8 ka 2012 of any person except on medical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

4. Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary. 5

5. Civilian religious personnel shall be respected and protected. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons. Article 16 — General protection of medical duties

1. Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting there from. 10 2. Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.

3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected. Article 17 — Role of the civilian population and of aid societies 1. 2. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant both protection and the necessary facilities to those who respond to this appeal. If the adverse Party gains or regains control of the area, that Party also shall afford the same protection and facilities for as long as they are needed. 15 20 25 30 35 Article 18 — Identification 1. 2. 3. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable. 40 Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card certifying their status. 45

4. With the consent of the competent authority, medical units and transports shall be marked by the distinctive emblem. The ships and craft referred to in Article 22 of 160 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 this Protocol shall be marked in accordance with the provisions of the Second Convention. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem. The application of the provisions of paragraphs 1 to 5 of this article is governed by Chapters I to III of Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and transports specified in that Chapter. This Article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention. 5 10 The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals. 15 5. 6. 7. 8. Article 19 — Neutral and other States not Parties to the conflict Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find. 20 Article 20 — Prohibition of reprisals Reprisals against the persons and objects protected by this Part are prohibited. SECTION II — MEDICAL TRANSPORTATION Article 21 — Medical vehicles Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Article 22 — Hospital ships and coastal rescue craft 1. The provisions of the Conventions relating to: (a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention, 25 30 (b) their lifeboats and small craft, (c) their personnel and crews, and (d) the wounded; sick and shipwrecked on board, shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol. 35 40 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 161 Ino 8 ka 2012 2. The protection provided by the Conventions to vessels described in Article 25 of the Second Convention shall extend to hospital ships made available for humanitarian purposes to a Party to the conflict: (a) by a neutral or other State which is not a Party to that conflict; or (b) by an impartial international humanitarian organization, 5 provided that, in either case, the requirements set out in that Article are complied with. 3. Small craft described in Article 27 of the Second Convention shall be protected, even if the notification envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each other of any details of such craft which will facilitate their identification and recognition. 10 Article 23 — Other medical ships and craft

1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors. 10 15

2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever: 20 (a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments; (c) taking of hostages; (d) acts of terrorism; (e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; (f) slavery and the slave trade in all their forms; (g) pillage; (h) threats to commit any or the foregoing acts. 25 30

3. Children shall be provided with the care and aid they require, and in particular: (a) they shall receive an education, including religious and moral education, in keeping with the wishes of their parents, or in the absence of parents, of those responsible for their care; 35 (b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated; (c) (d) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities; the special protection provided by this Article to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the provisions of sub-paragraph (c) and are captured; 40 210 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being. 5 Article 5 — Persons whose liberty has been restricted 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained: (a) the wounded and the sick shall be treated in accordance with Article 7; 10 (b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conflict; (c) they shall be allowed to receive individual or collective relief; 15 (d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions; (e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the local civilian population. 20 2. Those who are responsible for the internment or detention of the persons referred to in paragraph 1 shall also, within the limits of their capabilities, respect the following provisions relating to such persons: (a) except when men and women of a family are accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women; 25 (b) they shall be allowed to send and receive letters and cards, the number of which may be limited by competent authority if it deems necessary; (c) places of internment and detention shall not be located close to the combat zone. The persons referred to in paragraph 1 shall be evacuated when the places where they are interned or detained become particularly exposed to danger arising out of the armed conflict, if their evacuation can be carried out under adequate conditions of safety; 30 (d) they shall have the benefit of medical examinations; (e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned, and which is not consistent with the generally accepted medical standards applied to free persons under similar medical circumstances. 35 40 3. 4. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with Article 4 and with paragraphs 1(a), (c) and (d), and 2(b) of this Article. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 211 Ino 8 ka 2012 Article 6 — Penal prosecutions 1. This Article applies to the prosecution and punishment of criminal offences related to the armed conflict.

2. No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality. In particular: 5 (a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; (b) no one shall be convicted of an offence except on the basis of individual penal 10 responsibility; (c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby; 15 (d) anyone charged with an offence is presumed innocent until proved guilty according to law; (e) anyone charged with an offence shall have the right to be tried in his presence; 20 (f) no one shall be compelled to testify against himself or to confess guilt.

3. A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised. 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children. 25

5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained. 30 PART III WOUNDED, SICK AND SHIPWRECKED Article 7 — Protection and care

1. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention. 15 2. 3. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board. 20 25 The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.

4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information. 30 35 5. 6. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked civilians who do not belong to any or the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol. 40 45 Article 24 — Protection of medical aircraft Medical aircraft shall be respected and protected, subject to the provisions of this Part. 162 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 25 — Medical aircraft in areas not controlled by an adverse Party In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conflict is not dependent on any agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making flights bringing them within range of surface-to-air weapons systems of the adverse Party. Article 26 — Medical aircraft in contact or similar zones 1. In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognized as such. 2. ‘‘Contact zone’’ means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground. Article 27 — Medical aircraft in areas controlled by an adverse Party 1. The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party.

2. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft. Article 28 — Restrictions on operations of medical aircraft 1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack.

2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition in Article 8(6). The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited.

3. Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge. 5 10 15 20 25 30 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 163 Ino 8 ka 2012

4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked. Article 29 — Notifications and agreements concerning medical aircraft

1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means of identification, and shall be understood to mean that every flight will be carried out in compliance with Article 28.

2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification.

3. A Party which receives a request for prior agreement under Articles 25, 27, 28 (paragraph 4), or 31 shall, as rapidly as possible, notify the requesting Party: 5 10 (a) that the request is agreed to; (b) that the request is denied; or (c) of reasonable alternative proposals to the request. It may also propose prohibition or restriction of other flights in the area during the time involved. If the Party which submitted the request accepts the alternative proposals, it shall notify the other Party of such acceptance. 15 The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly. 20 The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements to the military units concerned and shall instruct those units regarding the means of identification that will be used by the medical aircraft in question. 4. 5. Article 30 — Landing and inspection of medical aircraft

1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order. 2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick to be removed from the aircraft unless their removal is essential for the inspection. That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or by the removal. 25 30 35 3. If the inspection discloses that the aircraft: (a) is a medical aircraft within the meaning of Article 8, subparagraph (j), (b) is not in violation of the conditions prescribed in Article 28, and 40 (c) has not flown without or in breach of a prior agreement where such agreement is required, the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be authorized to continue the flight without delay. 45 164 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 4. If the inspection discloses that the aircraft: (a) is not a medical aircraft within the meaning of Article 8, subparagraph (j), (b) is in violation or the conditions prescribed in Article 28, or (c) has flown without or in breach of a prior agreement where such agreement is required, the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be used thereafter only as a medical aircraft. Article 31 — Neutral or other States not Parties to the conflict 1. 2. 3. 4. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. However, with such an agreement, they shall be respected throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate. Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either through navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized and the occupants treated in accordance with paragraph 4. The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party to the conflict shall, unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in the hostilities. The cost of hospital treatment and internment shall be borne by the State to which those persons belong.

5. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the conflict. 5 10 15 20 25 30 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 165 Ino 8 ka 2012 SECTION III — MISSING AND DEAD PERSONS Article 32 — General principle In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives. 5 Article 33 — Missing persons

1. As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches. 2. In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol: (a) record the information specified in Article 138 of the Fourth Convention in respect of such persons who have been detained, imprisoned or otherwise held in captivity for more than two weeks as a result of hostilities or occupation, or who have died during any period of detention; 10 15 (b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation. 20 3. 4. Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, including identify and recover the dead from battlefield areas, arrangements, if appropriate, for such teams to be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected while exclusively carrying out these duties. Article 34 — Remains of deceased 1. The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those or persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.

2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result of hostilities or during occupation or in detention are situated, shall conclude agreements in order: (a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves registration services and to regulate the practical arrangements for such access; 25 30 35 40 45 166 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (b) to protect and maintain such gravesites permanently; (c) to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin. 3. In the absence of the agreements provided for in paragraph 2(b) or (c) and if the home country or such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves.

4. A High Contracting Party in whose territory the grave sites referred to in this Article are situated shall be permitted to exhume the remains only: (a) in accordance with paragraphs 2(c) and 3, or (b) where exhumation is a matter or overriding public necessity, including cases of medical and investigative necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country or its intention to exhume the remains together with details of the intended place of reinterment. 5 10 15 20 PART III METHODS AND MEANS OF WARFARE COMBATANT AND PRISONERS-OF-WAR STATUS SECTION I — METHODS AND MEANS OF WARFARE 25 Article 35 — Basic rules 1. 2. 3. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. 30 It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment. Article 36 — New weapons In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this law applicable to the High Protocol or by any other rule of international Contracting Party. Article 37 — Prohibition of perfidy 1. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy: 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 167 Ino 8 ka 2012 (a) the feigning of an intent to negotiate under a flag of truce or of a surrender; (b) the feigning of an incapacitation by wounds or sickness; (c) the feigning of civilian, non-combatant status; and (d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict. 5

1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4(A) (1); (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian. 20 2. 3. The civilian population comprises all persons who are civilians. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character. 25 Article 51 — Protection of the civilian population 1. 2. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances. 30 The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such 35 time as they take a direct part in hostilities. 4. Indiscriminate attacks are prohibited. Indiscriminate attacks are: (a) those which are not directed at a specific military objective; (b) (c) those which employ a method or means of combat which cannot be directed at a specific military objective; or 40 those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction. 172 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012

5. Among others, the following types of attacks are to be considered as indiscrimi- nate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited. 7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57. CHAPTER III — CIVILIAN OBJECTS Article 52 — General protection of civilian objects

1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2

2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. 3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used. Article 53 — Protection of cultural objects and of places of worship 5 10 15 20 25 30 35 Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited: 40 (a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of the military effort; (c) to make such objects the object of reprisals. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 173 Ino 8 ka 2012 Article 54 — Protection of objects indispensable to the survival of population the civilian 1. 2. Starvation of civilians as a method of warfare is prohibited. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive. 5 10 3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party: (a) as sustenance solely for the members of its armed forces, or (b) if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement. 15 4. 5. These objects shall not be made the object of reprisals. In recognition of the vital requirements of any Party to the conflict in the defence invasion, derogation from the prohibitions of its national contained in paragraph 2 may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity. territory against 20 Article 55 — Protection of the natural environment

1. Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population. 25

2. Attacks against the natural environment by way of reprisals are prohibited. Article 56 — Protection of works and installations containing dangerous forces 30

1. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population. 35 2. The special protection against attack provided by paragraph 1 shall cease: (a) (b) (c) for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; 40 for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; 45 for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support. 174 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 3. 4. 5. 6. 7. In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57. If the protection ceases and any of the works, installations or military objectives mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces. It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals. The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of defending the protected works or installations from attack are permissible and shall not themselves be made the object of attack, provided that they are not used in hostilities except for defensive actions necessary to respond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against the protected works or installations. The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements among themselves to provide additional protection for objects containing dangerous forces. In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article. CHAPTER IV — PRECAUTIONARY MEASURES Article 57 — Precautions in attack 1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken: (a) those who plan or decide upon an attack shall: (i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them; (ii) (iii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss or civilian life, injury to civilians and damage to civilian objects; refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; (b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; 5 10 15 20 25 30 35 40 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 175 Ino 8 ka 2012 (c) effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit.

3. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects. 4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.

5. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects. 5 10 Article 58 — Precautions against the effects of attacks The Parties to the conflict shall, to the maximum extent feasible: (a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives; 15 (b) avoid locating military objectives within or near densely populated areas; (c) the civilian population, take the other necessary precautions to protect individual civilians and civilian objects under their control against the dangers resulting from military operations. 20 CHAPTER V — LOCALITIES AND ZONES UNDER SPECIAL PROTECTION Article 59 — Non-defended localities 1. 2. 3. 4. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities. 25 The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a locality shall fulfil the following conditions: 30 (a) all combatants, as well as mobile weapons and mobile military equipment must have been evacuated; (b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and 35 (d) no activities in support of military operations shall be undertaken. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if the 40 45 176 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. 5. 6. The Parties to the conflict may agree on the establishment of non-defended localities even if such localities do not fulfil the conditions laid down in paragraph

2. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; it may lay down the methods of supervision. if necessary, The Party which is in control of a locality governed by such an agreement shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways.

7. A locality loses its status as a non-defended locality when its ceases to fulfil the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. 5 10 15 Article 60 — Demilitarized zones 1. 2. It is prohibited for the Parties to the conflict to extend their military operations to zones on which they have conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement. 20 The agreement shall be an express agreement, may be concluded verbally or in writing, either directly or through a Protecting Power or any impartial humanitarian organization, and may consist of reciprocal and concordant declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should define and describe, as precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the methods of supervision. 25 3. The subject of such an agreement shall normally be any zone which fulfils the following conditions: (a) all combatants, as well as mobile weapons and mobile military equipment, 30 must have been evacuated; (b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and (d) any activity linked to the military effort must have ceased. 35 The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in sub-paragraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4. The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3. 40 The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status. 45 4. 5. 6. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 177 Ino 8 ka 2012 7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. CHAPTER VI — CIVIL DEFENCE Article 61 — Definitions and scope For the purpose of this Protocol: (a) ‘‘civil defence’’ means the performance of some or all of the under-mentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are: (i) warning; (ii) evacuation; (iii) management of shelters; (iv) management of blackout measures; (v) rescue; 5 10 15 (vi) medical services, including first aid, and religious assistance; 20 (vii) fire-fighting; (viii) detection and marking of danger areas; (ix) decontamination and similar protective measures; (x) provision of emergency accommodation and supplies; (xi) emergency assistance in the restoration and maintenance of order in 25 distressed areas; (xii) emergency repair of indispensable public utilities; (xiii) emergency disposal of the dead; (xiv) assistance in the preservation of objects essential for survival; (xv) complementary activities necessary to carry out any of the tasks mentioned 30 above, including, but not limited to, planning and organization; ‘‘civil defence organizations’’ means those establishments and other units which are organized or authorized by the competent authorities of a Party to the conflict to perform any of the tasks mentioned under sub-paragraph (a), and which are assigned and devoted exclusively to such tasks; 35 ‘‘personnel’’ of civil defence organizations means those persons assigned by a Party to the conflict exclusively to the performance of the tasks mentioned under sub-paragraph (a), including personnel assigned by the competent authority of that Party exclusively to the administration of these organizations; (b) (c) (d) ‘‘matériel’’ of civil defence organizations means equipment, supplies and transports used by these organizations for the performance of the tasks mentioned under sub-paragraph (a). 40 10 15 20 178 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 62 — General protection

1. Civilian civil defence organizations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this section. They shall be entitled to perform their civil defence tasks except in case of imperative military necessity. 5 2. The provisions of paragraph 1 shall also apply to civilians who, although not members of civilian civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under their control.

3. Buildings and matériel used for civil defence purposes and shelters provided for the civilian population are covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong. Article 63 — Civil defence in occupied territories 1. 2. 3. 4. 5. In occupied territories, civilian civil defence organizations shall receive from the authorities the facilities necessary for the performance of their tasks. In no circumstances shall their personnel be compelled to perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not change the structure or personnel of such organizations in any way which might jeopardize the efficient performance of their mission. These organizations shall not be required to give priority to the nationals or interests of that Power. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their tasks in any manner prejudicial to the interests of the civilian population. The Occupying Power may disarm civil defence personnel for reasons of security. The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population. 25 Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or divert to the following particular conditions: these resources, subject 30 (a) that the buildings or matériel are necessary for other needs of the civilian population; and (b) that the requisition or diversion continues only while such necessity exists. 6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population. 35 Article 64 — Civilian civil defence organizations of neutral or other States not Parties to the conflict and international co-ordinating organizations

1. Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned. 40 45 2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co-ordination of GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 179 Ino 8 ka 2012 such civil defence actions when appropriate. In such cases the relevant interna- tional organizations are covered by the provisions of this Chapter. 3. In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence organizations of neutral or other States not Parties to the conflict and of international co-ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory. Article 65 — Cessation of protection 1. The protection to which civilian civil defence organizations, their personnel, buildings, shelters and matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. 2. The following shall not be considered as acts harmful to the enemy: 5 10 15 (a) (b) that civil defence tasks are carried out under the direction or control of military authorities; that civilian civil defence personnel co-operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence organizations; 20 (c) that the performance of civil defence tasks may incidentally benefit military victims, particularly those who are hors de combat. 3. It shall also not be considered as an act harmful to the enemy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order or for self-defence. However, in areas where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols or revolvers, in order in distinguishing between civil defence personnel and combatants. to assist Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such. 4. The formation of civilian civil defence organizations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter. Article 66 — Identification 25 30 35 1. 2. 3. 4. Each Party to the conflict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and matériel, are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel, buildings and matériel on which the international distinctive sign of civil defence is displayed. 40 In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil defence personnel should be recognizable by the international distinctive sign of civil defence and by an identity card certifying their status. 45 The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and matériel and for civilian shelters. 180 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 5. 6. 7. 8. 9. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol. In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes. 5 The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof. The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18. 10 Article 67 — Members of the armed forces and military units assigned to civil defence organizations

1. Members of the armed forces and military units assigned to civil defence organizations shall be respected and protected, provided that: 15 20 (a) (b) (c) (d) (e) such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61; if so assigned, such personnel do not perform any other military duties during the conflict; such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status; such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also apply in this case; 25 such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party; 30 (f) such personnel and such units perform their civil defence tasks only within the national territory of their Party. The non-observance of the conditions stated in (e) above by any member of the armed forces who is bound by the conditions prescribed in (a) and (b) above is prohibited. 35

2. Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks. 40 3. The buildings and major items of equipment and transports of military units assigned to civil defence organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign shall be as large as appropriate. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 181 Ino 8 ka 2012 4. The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population. 5 SECTION II — RELIEF IN FAVOUR OF THE CIVILIAN POPULATION Article 68 — Field of application The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention. 10 15 20 25 30 35 Article 69 — Basic needs in occupied territories 1. In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship.

2. Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay. Article 70 — Relief actions 1. 2. 3. If the civilian population of any territory under the control of a Party to the conflict, is not adequately provided with the supplies other than occupied territory, mentioned in Article 69, relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party. The Parties to the conflict and each High Contracting Party which allow the passage of relief consignments, equipment and personnel in accordance with paragraph 2: 40 (a) shall have the right to prescribe the technical arrangements, including search, under which such passage is permitted; (b) may make such permission conditional on the distribution of this assistance being made under the local supervision of a Protecting Power; 45 (c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned. 182 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 4. 5. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective international co-ordination of the relief actions referred to in paragraph 1. 5 Article 71 — Personnel participating in relief actions

1. Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties. 10 2. 3. Such personnel shall be respected and protected. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements temporarily restricted.

4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated. SECTION III — TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT CHAPTER I — FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS Article 72 — Field of application The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict. Article 73 — Refugees and stateless persons Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse distinction. Article 74 — Reunion of dispersed families The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations. Article 75 — Fundamental guarantees 15 20 25 30 35 40 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 183 Ino 8 ka 2012 more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons. 5 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental well-being of persons, in 10 particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d) collective punishments; and (e) threats to commit any of the foregoing acts.

3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.

4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conflict except pursuant to a conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include the following: 15 20 25 30 (a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; (b) no one shall be convicted of an offence except on the basis of individual penal 35 responsibility; (c) no one shall be accused or convicted of a criminal offence on account or any act or omission which did not constitute a criminal offence under the national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby; (d) anyone charged with an offence is presumed innocent until proved guilty according to law; 40 45 (e) anyone charged with an offence shall have the right to be tried in his presence; (f) no one shall be compelled to testify against himself or to confess guilt; 184 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (h) no one shall be prosecuted or punished by the same Party for an offence in respect of which a final judgement acquitting or convicting that person has been previously pronounced under the same law and judicial procedure; 5 (i) (j) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and a convicted person shall be advised on conviction or his judicial and other remedies and of the time limits within which they may be exercised. 10

5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units. 15 6. 7. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply: 20 (a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of interna- tional law; and (b) any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol. 25

8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1. 30 CHAPTER II — MEASURES IN FAVOUR OF WOMEN AND CHILDREN Article 76 — Protection of women

1. Women shall be the object of special respect and shall be protected in particular 35 against rape, forced prostitution and any other form of indecent assault. 2. 3. Pregnant women and mothers having dependent infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their cases considered with the utmost priority. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The death penalty for such offences shall not be executed on such women. 40 Article 77 — Protection of children

1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 185 Ino 8 ka 2012 2. 3. 4. 5. The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war. If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units as provided in Article 75, paragraph 5. 5 10 The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed. 15 Article 78 — Evacuation of children

1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found, their written consent to such evacuation is required. If these persons cannot be found, the written consent to such evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation. 20 25

2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity. 30

3. With a view to facilitating the return to their families and country of children evacuated pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the receiving country shall establish for each child a card with photographs, which they shall send to the Central Tracing Agency of the International Committee of the Red Cross. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information: (a) surname(s) of the child; (b) the child’s first-name(s); (c) the child’s sex; (d) the place and date of birth (or, if that date is not known, the approximate age); (e) the father’s full name; (f) the mother’s full name and her maiden name; (g) the child’s next-of-kin; (h) the child’s nationality; 35 40 45 186 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 (i) (j) the child’s native language, and any other languages he speaks; the address of the child’s family; (k) any identification number for the child; (l) the child’s state of health; (m) the child’s blood group; (n) any distinguishing features; (o) the date on which and the place where the child was found; (p) the date on which and the place from which the child left the country; (q) the child’s religion, if any; (r) the child’s present address in the receiving country; (s) should the child die before his return, the date, place and circumstances of death and place of interment. CHAPTER III — JOURNALISTS Article 79 — Measures of protection for journalists 1. 2. 3. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1. They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4(A) (4) of the Third Convention. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist. 5 10 15 20 25 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 187 Ino 8 ka 2012 EXECUTION OF THE CONVENTIONS AND OF THÍS PROTOCOL PART V SECTION I — GENERAL PROVISIONS Article 80 — Measures for execution 1. 2. The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol. 5 The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution. 10 Article 81 — Activities of the Red Cross and other humanitarian organizations 1. 2. 3. 4. The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross. The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the assistance which Red Cross (Red Crescent, Red Lion and Sun) organizations and the League of Red Cross Societies extend to the victims of conflicts in accordance with the provisions of the Conventions and this Protocol and with the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizations referred to in the Conventions and this Protocol which are duly authorized by the respective Parties to the conflict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol. Article 82 — Legal advisers in armed forces The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject. Article 83 — Dissemination 1. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population. 15 20 25 30 35 40 45 188 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012

2. Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof. Article 84 — Rules of application The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application. 5 SECTION II — REPRESSION OF BREACHES OF THE CONVEN- TIONS AND OF THIS PROTOCOL 10 Article 85 — Repression of breaches of this Protocol 1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.

2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol. 15 20 3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health: (a) making the civilian population or individual civilians the object of attack; 25 (b) (c) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii); launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2(a)(iii); 30 (d) making non-defended localities and demilitarized zones the object of attack; (e) making a person the object of attack in the knowledge that he is hors de 35 combat; (f) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol. 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol: 40 (a) the transfer by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention; 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 189 Ino 8 ka 2012 (b) unjustifiable delay in the repatriation of prisoners of war or civilians; (c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination; (d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, sub-paragraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives; (e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial.

5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes. Article 86 — Failure to act 1. 2. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibil- ity, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach. Article 87 — Duty of commanders 1. 2. 3. The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action against violators thereof. Article 88 — Mutual assistance in criminal matters 5 10 15 20 25 30 35 40 1. 2. The High Contracting Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol. 45 Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in the matter of extradition. They shall give 190 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 due consideration to the request of the State in whose territory the alleged offence has occurred. 3. The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal matters. 5 Article 89 — Co-operation In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter. 10 Article 90 — International Fact-Finding Commission 1. (a) An International Fact-Finding Commission (hereinafter referred to as ‘‘the Commission’’) consisting of fifteen members of high moral standing and acknowledged impartiality shall be established. 15 (b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which each of those High Contracting Parties may nominate one person. (c) The members of the Commission shall serve in their personal capacity and shall hold office until the election of new members at the ensuing meeting. (d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured. 20 25 (e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding sub-paragraphs. 30 (f) The depositary shall make available to the Commission the necessary administrative facilities for the performance of its functions. 2. (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to inquire into allegations by such other Party, as authorized by this Article. 35 (b) The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties. 40 (c) The Commission shall be competent to: (i) inquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol, (ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 191 Ino 8 ka 2012 (d) In other situations, the Commission shall institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned. (e) Subject to the foregoing provisions or this paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 or the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol. 5 3. (a) Unless otherwise agreed by the Parties concerned, all inquiries shall be undertaken by a Chamber consisting of seven members appointed as follows: 10 (i) five members of the Commission, not nationals of any Party to the conflict, appointed by the President of the Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to the conflict; (ii) two ad hoc members, not nationals of any Party to the conflict, one to be appointed by each side. 15 (b) Upon receipt of the request for an inquiry, the President of the Commission shall specify an appropriate time limit for setting up a Chamber. If any ad hoc member has not been appointed within the time limit, the President shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber. 4. (a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties to the conflict to assist it and to present evidence. The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situation in loco. (b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission. (c) Each Party shall have the right to challenge such evidence. 20 25 5. (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate. 30 6. 7. (b) If the Chamber is unable to secure sufficient evidence for factual and impartial findings, the Commission shall state the reasons for that inability. (c) The Commission shall not report its findings publicly, unless all the Parties to the conflict have requested the Commission to do so. The Commission shall establish its own rules, including rules for the presidency or the Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an inquiry, they are exercised by a person who is not a national of a Party to the conflict. The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an inquiry shall advance the necessary funds for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations are made to the extent of fifty per cent of the Chamber. Where there are counter-allegations before the Chamber each side shall advance fifty per cent of the necessary funds. the costs of 35 40 45 192 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 91 — Responsibility A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces. PART VI FINAL PROVISIONS 5 Article 92 — Signature This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months. 10 Article 93 — Ratification This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions. Article 94 — Accession 15 This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary. Article 95 — Entry into force 1. 2. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited. 20 For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession. Article 96 — Treaty relations upon entry into force of this Protocol

1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary which shall decide, after consultation with all the High Contracting Parties and the Interna- tional Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment. 15 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol. 20 Article 25 — Denunciation 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six months after receipt of the instrument of denunciation. If, however, on the expiry of six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release. 25 30 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties. Article 26 — Notifications The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: 35 (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21 and 22; (b) the date of entry into force of this Protocol under Article 23; and (c) communications and declarations received under Article 24. Article 27 — Registration 40

1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 215 Ino 8 ka 2012 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions received by it with respect to this Protocol. Article 28 — Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions. 5

1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof. 3. The authority representing a people engaged against a High Contracting Party in an armed conflict of the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions and this Protocol in relation to that conflict by means of a unilateral declaration addressed to the depositary. Such declaration shall, upon its receipt by the depositary, have in relation to that conflict the following effects: 25 30 35 (a) (b) the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with immediate effect; the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Conventions and this Protocol; and 40 (c) the Conventions and this Protocol are equally binding upon all Parties to the conflict. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 193 Ino 8 ka 2012 Article 97 — Amendment

1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties and the Interna- tional Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment. 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories or this Protocol. Article 98 — Revision of Annex I

1. Not later than four years after the entry into force of this Protocol and thereafter at intervals of not less than four years, the International Committee of the Red Cross shall consult the High Contracting Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex I and to propose such amendments to it as may appear to be desirable. Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organizations. Such a meeting shall also be convened by the International Committee of the Red Cross at any time at the request of one third of the High Contracting Parties. 2. The depositary shall convene a conference of the High Contracting Parties and the Parties to the Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the International Committee of the Red Cross or one third of the High Contracting Parties so request.

3. Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting. 4. The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. The amendment shall be considered to have been accepted at the end of a period of one year after it has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been communicated to the depositary by not less than one third of the High Contracting Parties.

5. An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months after its acceptance for all High Contracting Parties other than those which have made a declaration of non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and the amendment shall then enter into force for that Party three months thereafter. 6. The depositary shall notify the High Contracting Parties and the Parties to the Conventions of the entry into force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations. Article 99 — Denunciation 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in one of the situations referred to in Article I, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case, before operations connected with the final release, repatriation or re-establishment of the persons protected by the Convention or this Protocol have been terminated. 5 10 15 20 25 30 35 40 45 50 194 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties. 3. The denunciation shall have effect only in respect of the denouncing Party.

4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective. 5 Article 100 — Notifications The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93 and 94; 10 (b) the date of entry into force of this Protocol under Article 95; (c) communications and declarations received under Articles 84, 90 and 97; (d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and 15 (e) denunciations under Article 99. Article 101 — Registration

1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. 20 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol. Article 102 — Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions. 25 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 195 Ino 8 ka 2012 ANNEX I REGULATIONS CONCERNING IDENTITIFICATION Article 1 — General provisions 1. 2. 3. 4. The regulations concerning identification in this Annex implement the relevant provisions of the Geneva Conventions and the Protocol; they are intended to facilitate the identification of personnel, material, units, transports and installations protected under the Geneva Conventions and the Protocol. 5 These rules do not in and of themselves establish the right to protection. This right is governed by the relevant articles in the Conventions and the Protocol. The competent authorities may, subject to the relevant provisions of the Geneva Conventions and the Protocol, at all times regulate the use, display, illumination and detectability of the distinctive emblems and signals. 10 The High Contracting Parties and in particular the Parties to the conflict are invited at all times to agree upon additional or other signals, means or systems which enhance the possibility of identification and take full advantage of technological developments in this field. 15 CHAPTER I — IDENTITY CARDS Article 2 — Identity card for permanent civilian medical and religious personnel 1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3, of the Protocol should: 20 (a) bear the distinctive emblem and be of such size that it can be carried in the pocket; (b) be as durable as practicable; (c) be worded in the national or official language and, in addition and when 25 appropriate, in the local language of the region concerned; (d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the identity number, if any, of the holder; (e) (f) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol; 30 bear the photograph of the holder as well as his signature or his thumbprint, or both; (g) bear the stamp and signature of the competent authority; (h) state the date of issue and date of expire of the card; (i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card. 35 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen of the model they are using, if such model differs from that show in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards which it has issued. 40 196 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy. Article 3 — Identity card for temporary civilian medical and religious personnel 1. The identity card for temporary civilian medical and religious personnel should, whenever possible, be similar to that provided for in Article 1 of these Regulations. The Parties to the conflict may be guided by the model shown in Figure 1. 5

2. When circumstances preclude the provision to temporary civilian medical and religious personnel of identity cards similar to those described in Article 3 of these Regulations, the said personnel may be provided with a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as temporary personnel and stating, the duration of such assignment and his right to wear the distinctive emblem. The certificate should mention the holder’s name and date of birth (or, if that is not available, his age at the time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his thumbprint, or both. if possible, 10 15 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 197 Ino 8 ka 2012 198 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 CHAPTER II — THE DISTINCTIVE EMBLEM Article 4 — Shape The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting Parties may be guided by the models shown in Figure 2. 5 Article 5 — Use 1. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or in any other way appropriate to the lay of the land, so that it is visible from as many directions and from as far away as possible, and in particular from the air. 10

2. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated. 3. The distinctive emblem may be made of materials which make it recognizable by technical means of detection. The red part should be painted on top of black primer paint in order to facilitate its identification, in particular by infrared instruments. 15

4. Medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear headgear and clothing bearing the distinctive emblem. CHAPTER III — DISTINCTIVE SIGNALS Article 6 — Use 20

1. All distinctive signals specified in this Chapter may be used by medical units or transports. 2. 3. 4. These signals, at the exclusive disposal of medical units and transports, shall not be used for any other purpose, the use of the light signal being reserved (see paragraph 3 below). 25 In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue lights for the identification of medical vehicles, ships and craft, the use of such signals for other vehicles, ships and craft is not prohibited. Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorized in this Chapter. 30 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 199 Ino 8 ka 2012 Article 7 — Light signal 1. 2. The light signal, consisting of a flashing blue light as defined in the Airworthiness Technical Manual of the International Civil Aviation Organization (ICAO), Doc. 9051, is established for the use of medical aircraft to signal their identity. No other aircraft shall use this signal. Medical aircraft using the flashing blue light should exhibit such lights as may be necessary to make the light signal visible from as many directions as possible. In accordance with the provisions of Chapter XIV, para. 4 of the International Maritime Organization (IMO) International Code of Signals, vessels protected by the Geneva Conventions of 1949 and the Protocol should exhibit one or more flashing blue lights visible from any direction. 5 10

3. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as possible. The High Contracting Parties and, in particular, the Parties to the conflict which use lights of other colours should give notification of this. 4. The recommended blue colour is obtained when its chromaticity is within the boundaries of the International Commission on Illumination (ICI) chromaticity diagram defined by the following equations: 15 green boundary white boundary purple boundary y = 0.065 + 0.805 x y = 0.400 − x x = 0.133 + 0.600 y 20 The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute. Article 8 — Radio signal 1. 2. 3. The radio signal shall consist of the urgency signal and the distinctive signal as described in the International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40). 25 The radio message preceded by the urgency and distinctive signals mentioned in paragraph 1 shall be transmitted in English at appropriate intervals on a frequency or frequencies specified for this purpose in the Radio Regulations, and shall convey the following data relating to the medical transports concerned: 30 (a) call sign or other recognized means of identification; (b) position; (c) number and type of vehicles; (d) intended route; (e) estimated time en route and of departure and arrival, as appropriate; 35 (f) any other information, such as flight altitude, guarded radio frequencies, languages used and secondary surveillance radar modes and codes. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to the International Telecommunication Convention, and publish selected national frequencies to be used by them for such communications. The International Telecommunication Union shall be notified of these frequencies in accordance with procedures approved by a World Administrative Radio Conference. 40 45 200 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 9 — Electronic identification 1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organization. 5 2. Protected medical transports may, for their identification and location, use standard aeronautical radar transponders and/or maritime search and rescue radar transpon- ders. 10 It should be possible for protected medical transports to be identified by other vessels or aircraft equipped with secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the medical transports. 15 The code transmitted by the medical transport transponder should be assigned to that transport by the competent authorities and notified to all the Parties to the conflict. 3. It should be possible for medical transports to be identified by submarines by the appropriate underwater acoustic signals transmitted by the medical transports. 20 The underwater acoustic signal shall consist of the call sign (or any other recognized means of identification of medical transport) of the ship preceded by the single group YYY transmitted in morse on an appropriate acoustic frequency, e.g. 5 kHz. 25 Parties to a conflict wishing to use the underwater acoustic identification signal described above shall inform the Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm the frequency to be employed. 4. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic system for the identification of medical vehicles, and medical ships and craft. 30 CHAPTER IV — COMMUNICATIONS Article 10 — Radiocommunications 35 1. 2. The urgency signal and the distinctive signal provided for in Article 8 may precede appropriate radiocommunications by medical units and transports in the applica- tion of the procedures carried out under Articles 22, 23 and 25 to 31 of the Protocol. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Section III, No. 3214) of the ITU Radio Regulations may also transmit their communications by satellite systems, in accordance with the provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite Services. 40 Article 11 — Use of international codes Medical units and transports may also use the codes and signals laid down by the International Telecommunication Union, the International Civil Aviation Organi- zation and the International Maritime Organization. These codes and signals shall be used in accordance with the standards, practices and procedures established by these Organizations. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 201 Ino 8 ka 2012 Article 12 — Other means of communication When two-way radiocommunication is not possible, the signals provided for in the International Code of Signals adopted by the International Maritime Organization or in the appropriate Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used. 5 Article 13 — Flight plans The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization. Article 14 — Signals and procedures for the interception of medical aircraft 10 If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting and the medical aircraft. 15 CHAPTER V — CIVIL DEFENCE Article 15 — Identity card 1. 2. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is governed by the relevant provisions of Article 2 of these Regulations. 20 The identity card for civil defence personnel may follow the model shown in Figure 3. 202 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 203 Ino 8 ka 2012 3. If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned. Article 16 — International distinctive sign 1. The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4: 5 Fig. 4: Blue triangle on an orange ground. 2. It is recommended that: (a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange flag, armlet or tabard; 10 (b) one of the angles of the triangle be pointed vertically upwards; (c) no angle of the triangle touch the edge of the orange ground. 3. The international distinctive sign shall be as large as appropriate under the circumstances. The distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection. CHAPTER VI — WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES Article 17 — International special sign 1. The international special sign for works and installations containing dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below. 2. The sign shall be as large as appropriate under the circumstances. When displayed over an extended surface it may be repeated as often as appropriate under the 15 20 25 30 204 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 circumstances. It shall, whenever possible, be displayed on flat surfaces or on flags so as to be visible from as many directions and from as far away as possible.

3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one radius of a circle. The flag shall be rectangular and shall have a white ground. 5

4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials rendering it recognizable by technical means of detection. GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 205 Ino 8 ka 2012 206 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 207 Ino 8 ka 2012 208 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 SCHEDULE 6 PROTOCOL II PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II), OF 8 JUNE 1977 5 PREAMBLE The High Contracting Parties, Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of armed conflict not of an international character, 10 Recalling furthermore that international instruments relating to human rights offer a basic protection to the human person, Emphasizing the need to ensure a better protection for the victims of those armed conflicts, Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience, Have agreed on the following: PART I SCOPE OF THIS PROTOCOL Article 1 — Material field of application 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. 15 20 25 30 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts. 35 Article 2 — Personal field of application 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter referred to as ‘‘adverse distinction’’) to all persons affected by an armed conflict as defined in Article 1.

3. Civilians shall enjoy the protection afforded by this part, unless and for such time as they take a direct part in hostilities. 45 GOVERNMENT GAZETTE, 12 JULY 2012 uMthetho wokwenza isivumelwano sase-Geneva sisebenze, 2012 No. 35513 213 Ino 8 ka 2012 Article 14 — Protection of objects indispensable to the survival of population the civilian Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless for that purpose, objects indispensable to the survival of the civilian population such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works. Article 15 — Protection of works and installations containing dangerous forces Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Article 16 — Protection of cultural objects and of places of worship Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort. Article 17 — Prohibition of forced movement of civilians 1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition. 5 10 15 20

2. Civilians shall not be compelled to leave their own territory for reasons connected 25 with the conflict. Article 18 — Relief societies and relief actions

1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organizations, may offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked. 2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned. PART V FINAL PROVISIONS Article 19 — Dissemination This Protocol shall be disseminated as widely as possible. Article 20 — Signature 30 35 40 This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months. 45 214 No. 35513 Act No. 8 of 2012 GOVERNMENT GAZETTE, 12 JULY 2012 Implementation of the Geneva Conventions Act, 2012 Article 21 — Ratification This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions. Article 22 — Accession This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary. 5 Article 23 — Entry into force 1. 2. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited. 10 For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession. Article 24 — Amendment