Geneva Convention (I) in the United States

CHAPTER IX

Repression of Abuses and Infractions

Art. 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.

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, arid 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.

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 12 August 1949.

Art. 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.

Art. 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.

Art. 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.

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.

Art. 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, and 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 27 July 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.

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.

Art. 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

FINAL PROVISIONS

Art. 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.

Art. 56. The present Convention, which bears the date of this day, is open
to signature until 12 February 1950, in the name of the Powers represented
at the Conference which opened at Geneva on 21 April 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.

Art. 57. 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.

Art. 58. 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.

Art. 59. The present Convention replaces the Conventions of 22 August 1864,
6 July 1906, and 27 July 1929, in relations between the High Contracting
Parties.

Art. 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.

Art. 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.

Art. 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.