Any protected person who has been interned or placed in assigned
residence shall be entitled to have such action reconsidered as
soon as possible by an appropriate court or administrative board
designated by the Detaining Power for that purpose. If the internment
or placing in assigned residence is maintained, the court or administrative
board shall periodically, and at least twice yearly, give consideration
to his or her case, with a view to the favourable amendment of the
initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power
shall, as rapidly as possible, give the Protecting Power the names
of any protected persons who have been interned or subjected to
assigned residence, or who have been released from internment or
assigned residence. The decisions of the courts or boards mentioned
in the first paragraph of the present Article shall also, subject
to the same conditions, be notified as rapidly as possible to the
In applying the measures of control mentioned in the present Convention,
the Detaining Power shall not treat as enemy aliens exclusively
on the basis of their nationality de jure of an enemy State, refugees
who do not, in fact, enjoy the protection of any government.
Protected persons shall not be transferred to a Power which is not
a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation
of protected persons, or to their return to their country of residence
after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only
to a Power which is a party to the present Convention and after
the Detaining Power has satisfied itself of the willingness and
ability of such transferee Power to apply the present Convention.
If protected persons are transferred under such circumstances, responsibility
for the application of the present Convention rests on the Power
accepting them, while they are in its custody. Nevertheless, if
that Power fails to carry out the provisions of the present Convention
in any important respect, the Power by which the protected persons
were transferred shall, upon being so notified by the Protecting
Power, take effective measures to correct the situation or shall
request the return of the protected persons. Such request must be
In no circumstances shall a protected person be transferred to a
country where he or she may have reason to fear persecution for
his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to
the extradition, in pursuance of extradition treaties concluded
before the outbreak of hostilities, of protected persons accused
of offences against ordinary criminal law.
In so far as they have not been previously withdrawn, restrictive
measures taken regarding protected persons shall be cancelled as
soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled,
in accordance with the law of the Detaining Power, as soon as possible
after the close of hostilities.
Section III. Occupied territories
Protected persons who are in occupied territory shall not be deprived,
in any case or in any manner whatsoever, of the benefits of the
present Convention by any change introduced, as the result of the
occupation of a territory, into the institutions or government of
the said territory, nor by any agreement concluded between the authorities
of the occupied territories and the Occupying Power, nor by any
annexation by the latter of the whole or part of the occupied territory.
Protected persons who are not nationals of the Power whose territory
is occupied, may avail themselves of the right to leave the territory
subject to the provisions of Article 35, and decisions thereon shall
be taken according to the procedure which the Occupying Power shall
establish in accordance with the said Article.
Individual or mass forcible transfers, as well as deportations of
protected persons from occupied territory to the territory of the
Occupying Power or to that of any other country, occupied or not,
are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial
evacuation of a given area if the security of the population or
imperative military reasons so demand. Such evacuations may not
involve the displacement of protected persons outside the bounds
of the occupied territory except when for material reasons it is
impossible to avoid such displacement. Persons thus evacuated shall
be transferred back to their homes as soon as hostilities in the
area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall
ensure, to the greatest practicable extent, that proper accommodation
is provided to receive the protected persons, that the removals
are effected in satisfactory conditions of hygiene, health, safety
and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations
as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area
particularly exposed to the dangers of war unless the security of
the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own
civilian population into the territory it occupies.