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) That
of being commanded by a person responsible for his subordinates;
(b) That
of having a fixed distinctive sign recognizable at a distance;
(c) That
of carrying arms openly;
(d) 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, 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.
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
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.
