Draft agreement relating to hospital and safety zones and localities
Hospital and safety zones shall be strictly
reserved for the persons mentioned in Article 23 of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of 12 August, 1949, and in Article 14 of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August, 1949, and for
the personnel entrusted with the organization and administration of these zones
and localities and with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is
within such zones shall have the right to stay there.
No persons residing, in whatever capacity, in a
hospital and safety zone shall perform any work, either within or without the
zone, directly connected with military operations or the production of war
material.
The Power establishing a hospital and safety zone
shall take all necessary measures to prohibit access to all persons who have no
right of residence or entry therein.
Hospital and safety zones shall fulfil the
following conditions:
(a) They shall comprise only a small part of the
territory governed by the Power which has established them.
(b) They shall be thinly populated in relation to
the possibilities of accommodation.
(c) They shall be far removed and free from all
military objectives, or large industrial or administrative
establishments.
(d) They shall not be situated in areas which,
according to every probability, may become important for the conduct of the
war.
Hospital and safety zones shall be subject to the
following obligations:
(a) The lines of communication and means of
transport which they possess shall not be used for the transport of military
personnel or material, even in transit.
(b) They shall in no case be defended by military
means.
Hospital and safety zones shall be marked by means
of oblique red bands on a white ground, placed on the buildings and outer
precincts.
Zones reserved exclusively for the wounded and
sick may be marked by means of the Red Cross (Red Crescent, Red Lion and Sun)
emblem on a white ground.
They may be similarly marked at night by means of
appropriate illumination.
The Powers shall communicate to all the High
Contracting Parties in peacetime or on the outbreak of hostilities, a list of
the hospital and safety zones in the territories governed by them. They shall
also give notice of any new zones set up during hostilities.
As soon as the adverse Party has received the
above-mentioned notification, the zone shall be regularly established.
If, however, the adverse Party considers that the
conditions of the present agreement have not been fulfilled, it may refuse to
recognize the zone by giving immediate notice thereof to the Party responsible
for the said zone, or may make its recognition of such zone dependent upon the
institution of the control provided for in Article 8.
Any Power having recognized one or several
hospital and safety zones instituted by the adverse Party shall be entitled to
demand control by one or more Special Commissions. for the purpose of
ascertaining if the zones fulfil the conditions and obligations stipulated in
the present agreement.
For this purpose, members of the Special
Commissions shall at all times have free access to the various zones and may
even reside there permanently. They shall be given all facilities for their
duties of inspection.
Should the Special Commissions note any facts
which they consider contrary to the stipulations of the present agreement, they
shall at once draw the attention of the Power governing the said zone to these
facts, and shall fix a time limit of five days within which the matter should be
rectified. They shall duly notify the Power who has recognized the zone.
If, when the time limit has expired. the Power
governing the zone has not complied with the warning, the adverse Party may
declare that it is no longer bound by the present agreement in respect of the
said zone.
Any Power setting up one or more hospital and
safety zones, and the adverse Parties to whom their existence has been notified,
shall nominate or have nominated by the Protecting Powers or by other neutral
Powers, persons eligible to be members of the Special Commissions mentioned in
Articles 8 and 9.
In no circumstances may hospital and safety zones
be the object of attack. They shall be protected and respected at all times by
the Parties to the conflict.
In the case of occupation of a territory, the
hospital and safety zones therein shall continue to be respected and utilized as
such.
Their purpose may, however, be modified by the
Occupying Power, on condition that all measures are taken to ensure the safety
of the persons accommodated.
The present agreement shall also apply to
localities which the Powers may utilize for the same purposes as hospital and
safety zones.