Geneva Convention Article 4: Convention (IV) relative to the Protection of Civilian Persons in Time of War Part I: General Provisions.
Aft 4 Convention (IV) ieratiVe to the .PrOlecliOn Of Civilian Pefsohs in Time Of Wat. -Gene:: Page 1 of 1
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Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Part I : General provisions
ARTICLE 42A
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.
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 ate, however, wider in application, as defined in Article 13M.
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.
lirlillIA111)11111 IS111,111IIISSJAII
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR UNCLASSIFIED
DATE/CASE ID: 03 NOV 2004 200303827 DOS-000624
http://www.icrc.org/ihl.nsf/c525816b.../78eb50eaci6ee7aa1c12563cd0051b9d... 10/18/01
Art. 5 Conefitiiiii (IV) relative to the 'Protection of Civilian Persons in Time of War: Gene ... -Page . 1 -of 1 .
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Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Part I : General provisions
ARTICLE 5M
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.
11,1iiiiiI1J1 11ASJAA 11111
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 03 NOV 2004 200303827
UNCLASSIFIED
DOS-000625
ktp://www.icrc.orWihl.nsf/c525816b.../3f78f96145a77442c12563cd005 1b9f0?OpenDocumen 10/18/01