Subject to temporary and exceptional measures imposed for urgent
reasons of security by the Occupying Power:
(a) recognized National
Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able
to pursue their activities in accordance with Red Cross principles,
as defined by the International Red Cross Conferences. Other relief
societies shall be permitted to continue their humanitarian activities
under similar conditions;
(b) the Occupying Power may not require
any changes in the personnel or structure of these societies, which
would prejudice the aforesaid activities.
The same principles shall apply to the activities
and personnel of special organizations of a non-military character,
which already exist or which may be established, for the purpose
of ensuring the living conditions of the civilian population by
the maintenance of the essential public utility services, by the
distribution of relief and by the organization of rescues.
The penal laws of the occupied territory shall remain in force,
with the exception that they may be repealed or suspended by the
Occupying Power in cases where they constitute a threat to its security
or an obstacle to the application of the present Convention.
Subject to the latter consideration and to the necessity for ensuring
the effective administration of justice, the tribunals of the occupied
territory shall continue to function in respect of all offences
covered by the said laws.
The Occupying Power may, however, subject the population of the
occupied territory to provisions which are essential to enable the
Occupying Power to fulfil its obligations under the present Convention,
to maintain the orderly government of the territory, and to ensure
the security of the Occupying Power, of the members and property
of the occupying forces or administration, and likewise of the establishments
and lines of communication used by them.
The penal provisions enacted by the Occupying Power shall not come
into force before they have been published and brought to the knowledge
of the inhabitants in their own language. The effect of these penal
provisions shall not be retroactive.
In case of a breach of the penal provisions promulgated by it by
virtue of the second paragraph of Article 64 the Occupying Power
may hand over the accused to its properly constituted, non-political
military courts, on condition that the said courts sit in the occupied
country. Courts of appeal shall preferably sit in the occupied country.
The courts shall apply only those provisions of law which were applicable
prior to the offence, and which are in accordance with general principles
of law, in particular the principle that the penalty shall be proportionate
to the offence. They shall take into consideration the fact the
accused is not a national of the Occupying Power.
Protected persons who commit an offence which is solely intended
to harm the Occupying Power, but which does not constitute an attempt
on the life or limb of members of the occupying forces or administration,
nor a grave collective danger, nor seriously damage the property
of the occupying forces or administration or the installations used
by them, shall be liable to internment or simple imprisonment, provided
the duration of such internment or imprisonment is proportionate
to the offence committed. Furthermore, internment or imprisonment
shall, for such offences, be the only measure adopted for depriving
protected persons of liberty. The courts provided for under Article
66 of the present Convention may at their discretion convert a sentence
of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance
with Articles 64 and 65 may impose the death penalty against a protected
person only in cases where the person is guilty of espionage, of
serious acts of sabotage against the military installations of the
Occupying Power or of intentional offences which have caused the
death of one or more persons, provided that such offences were punishable
by death under the law of the occupied territory in force before
the occupation began.
The death penalty may not be pronounced against a protected person
unless the attention of the court has been particularly called to
the fact that since the accused is not a national of the Occupying
Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced on a protected
person who was under eighteen years of age at the time of the offence.
In all cases the duration of the period during which a protected
person accused of an offence is under arrest awaiting trial or punishment
shall be deducted from any period of imprisonment of awarded.
Protected persons shall not be arrested, prosecuted
or convicted by the Occupying Power for acts committed or for opinions
expressed before the occupation, or during a temporary interruption
thereof, with the exception of breaches of the laws and customs
Nationals of the occupying Power who, before
the outbreak of hostilities, have sought refuge in the territory
of the occupied State, shall not be arrested, prosecuted, convicted
or deported from the occupied territory, except for offences committed
after the outbreak of hostilities, or for offences under common
law committed before the outbreak of hostilities which, according
to the law of the occupied State, would have justified extradition
in time of peace.