ICRC databases on international humanitarian law
Photo
of
Previous photo
Next photo
CLOSE
x
ICRC
Skip navigation
Home
|
What's new
|
Contacts
Language
Select one
Francais
Search
International Committee of the Red Cross
Treaties and States parties to such Treaties
Who we are
Who we are - International Committee of the Red Cross
Mandate and mission
Structure
Finances
Working for the ICRC
The Movement
History
Funds and medals
Contacts
What we do
What we do - ICRC activities on behalf of people affected by war
Visiting detainees
Protecting civilians
Reuniting families
Ensuring economic security
Water and habitat
Health
Cooperation with National Societies
Building respect for IHL
Safeguarding health care
Other activities
Where we work
Where we work - the ICRC worldwide
Africa
Americas
Asia & Pacific
Europe & Central Asia
Middle East
War & Law
War & Law - the legal basis for our action
Treaties and customary law
Contemporary challenges for IHL
Protected persons
Conduct of hostilities
Weapons
Emblem
IHL in domestic law
International criminal jurisdiction
IHL and other legal regimes
Resource centre
Resource centre - Search
Publications and films
Photos
Maps
International review
Annual report
IHL databases
Library and research services
ICRC Archives
Events
Other sites
Gift shop
Video newsroom
Search
Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Commentary -
Art. 131. Part III : Status and treatment of protected persons #Section IV : Regulations for the treatment of internees #Chapter XI : Deaths
ARTICLE 131
. -- INTERNEES KILLED OR INJURED
IN SPECIAL CIRCUMSTANCES
During the Second World War there were cases of prisoners of war being killed during disturbances which had led to the guards losing their composure. Some governments as a result even concluded agreements to make guards and sentinels more careful by threatening them with prosecution.
The experts consulted in 1947 by the International Committee of the Red Cross, decided to recommend the adoption of a special clause in the draft Conventions in order to protect the internees against this danger (1). Their solicitude for the internees' welfare even extended to cases of brawls between the detainees themselves or to any death or [p.509] serious injury suspect in origin. The Diplomatic Conference made no difficulty about adopting the provisions inserted in the Stockholm Draft at the suggestion of the experts (2).
PARAGRAPH 1. -- OFFICIAL ENQUIRY
This text obliges the Detaining Power to open an official enquiry in case of death or serious injury of unknown cause.
What is meant by "serious injury"? During the discussion of the corresponding text concerning prisoners of war, one delegation suggested that it should be made clear that what was referred to was a wound as a result of which a prisoner required in-patient treatment in a hospital or an infirmary (3). This definition was considered too rigid and was therefore not inserted in the Convention, but it could usefully be adopted in most cases.
As has already been stated, this text protects internees not only against the misuse of authority by agents of the Detaining Power (guards or sentinels) but also against violence from any other person, particularly their companions in internment. It therefore opens the way for the Detaining Power to repress disturbances which might arise in places of internment as a result of political or other divisions. The maintenance of order and the protection of the life and limb of the internees is thus dealt with at one and the same time.
An official enquiry will also be opened in the case of death from unknown causes. This may refer to an unexplained illness as well as to violent death.
In what should the enquiry consist? Since its object is to discover who was responsible with a view to punishing the crime, the victim must be very thoroughly examined, if necessary by an expert in forensic medicine, and all witnesses must be heard.
PARAGRAPH 2. -- COMMUNICATION TO THE PROTECTING POWER
As soon as the enquiry is opened and before the results are even known, the Detaining Power must advise the Protecting Power to enable it to follow the enquiry and perhaps to ask for permission to be present at the cross-examination of witnesses. Among these, fellow-internees are not specially mentioned, as are fellow-prisoners in the corresponding provision of the Third Convention, but the [p.510] expression evidence of any witnesses obviously covers the other internees.
The Article does not oblige the Detaining Power to send the files on the case to the Protecting Power, although the latter should receive a circumstantial report concerning the results of the enquiry and it is stated that this report must contain the evidence of any witnesses.
PARAGRAPH 3. -- PROSECUTION
If the enquiry leads to responsibility being laid at the door of one or more persons, whoever they may be, they must be prosecuted before a court of law. If they are nationals of the Detaining Power, that Power will not be able to exempt them from prosecution before its own civil or military courts. In the case of internees, they will be prosecuted in accordance with the laws in force in the territory where they happen to be (Article 117, paragraph 1
).
Although it is not expressly stipulated, it is reasonable to suppose that the Detaining Power must inform the Protecting Power of the punishments inflicted on the guilty.
Notes: (1) [(2) p.508] See ' Report on the Work of the Conference of
Government Experts, ' p. 249;
(2) [(1) p.509] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, p. 377;
(3) [(2) p.509] See ibid., Vol. II-A, p. 298;