ARTICLE 40 Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. ARTICLE 41 A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders and, if necessary, compensation for the losses sustained. SECTION III.-ON MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE ARTICLE 42 Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. ARTICLE 43 The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. ARTICLE 44 It is forbidden to force the population of occupied territory to take part in military operations against its own country. ARTICLE 45 It is forbidden to compel the population of occupied territory to swear allegiance to the hostile Power. Family honor and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated. Pillage is formally forbidden. ARTICLE 47 ARTICLE 48 If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. ARTICLE 49 If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question. ARTICLE 50 No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible. ARTICLE 51 No contribution shall be collected except under a written order, and on the responsibility of a commander in chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors. ARTICLE 52 Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in the operations of the war against their country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall, as far as possible, be paid for in cash; if not, a receipt shall be given. ARTICLE 53 An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for the operations of the war. Railway plant, land telegraphs, telephones, steamers and other ships, apart from cases gov[241] erned by maritime law, as well as depots of arms and generally all kinds of munitions of war, even though belonging to companies or to private persons, are likewise material which may serve for military operations, but they must be restored and compensation fixed when peace is made. ARTICLE 54 The plant of railways coming from neutral States, whether the property of those States or of companies or of private persons, shall be sent back to them as soon as possible. ARTICLE 55 The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. ARTICLE 56 The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure or destruction of, or willful damage to, institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. SECTION IV.-ON THE INTERNMENT OF BELLIGERENTS AND THE CARE OF THE WOUNDED IN NEUTRAL COUNTRIES ARTICLE 57 A neutral State which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theater of war. It may keep them in camps, and even confine them in fortresses or in places. set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission. ARTICLE 58 In the absence of a special convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace the expenses caused by the internment shall be made good. ARTICLE 59 A neutral State may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor material of war. In such a case, the neutral State is bound to take whatever measures of safety and control are necessary for the purpose. Wounded or sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral state, so as to ensure their not taking part again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. ARTICLE 60 The Geneva Convention applies to sick and wounded interned in neutral territory. [242] AMENDMENTS TO THE REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND1 Annex 2 PROPOSITION OF THE GERMAN DELEGATION ARTICLE 1 Add to No. 2 of paragraph 1, the words: "and notification of which shall have been made previously to the hostile party." ARTICLE 2 Replace the words at the end: "if they respect the laws and customs of war," by: "if they carry arms openly and if they respect the laws and customs of war." NEW ARTICLE 22a It is forbidden to compel ressortissants of the hostile party to take part in the operations of war directed against their own country, even if they were enrolled in its service before the commencement of the war. ARTICLE 23 Change the end of the article by the addition of a new paragraph h, as follows: to declare abolished, suspended or inadmissible the private claims of the ressortissants of the hostile party. ARTICLE 44 To be omitted, in view of Article 22a. Annex 3 AMENDMENT OF THE AUSTRO-HUNGARIAN DELEGATION TO Insert after the words: " NEW ARTICLE 22a to take part," the words: as combatants." 1 Annex 1. Annex 2. [243] Annex 4 PROPOSITION OF THE NETHERLAND DELEGATION NEW ARTICLE 44a It is forbidden to force the population of occupied territory to give information concerning their own army or the means of defense of their country. Follow Article 45 by an Article 45a, providing: It is forbidden to punish an inhabitant of an occupied territory by death without a sentence of a war council. This sentence must be sanctioned before it is executed by the commander in chief of the army. Annex 5 PROPOSITION OF THE DELEGATION OF THE REPUBLIC OF CUBA ARTICLE 5 Prisoners of war may be interned in a town, fortress, camp, or other place, under obligation not to go beyond certain fixed limits; but they can only be placed in confinement as an indispensable measure of safety, and only while the circumstances which necessitate the measure continue to exist. ARTICLE 14 An information bureau relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States and, when necessary, in neutral countries which have received belligerents in their territory. The function of this bureau is to reply to all inquiries about the prisoners, to receive from the various services concerned all the information necessary to enable it to make out an individual return for each prisoner of war. It is kept informed of internments and transfers, as well as of releases on parole, exchanges, escapes, admissions into hospital and deaths. It is likewise the function of the information bureau to receive and collect all objects of personal use, valuables, letters, etc. . found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped or died in hospitals or ambulances, and to forward them to those concerned. |