Admiralty Sub-Committee's
Article 1.
Draft
(a) At sea all persons who are wounded or sick or shipwrecked shall be respected and protected in all circumstances. They shall be treated with humanity and cared for by the belligerent in whose power they may be. Women and children shall be treated with all considera- tion due to their sex and age and in no case should their treatment be less favourable than that
accorded to men.
(b) Throughout this Convention the term shipwrecked means shipwrecked from arly cause and includes those who make forced landings or bale out from aircraft into the sea.
Article 2.
Any persons mentioned in
Article 1 belonging to the categories set forth in Article 1 of the Prisoners of War Conventionx who fall into the hands of a belligerent at sea may either be detained, or taken to one of the belligerent's own ports, or sent to a neutral port or a port of another belligerent, or set free at sea; in this last case, adequate measures must be taken to ensure their safety.
x Footnote making clear the name
of the new Convention.
Article 3.
Wounded, sick or shipwrecked persons, other than merchant seamen and civilian aircrew, belonging to the categories set
forth in Article 1 of the Prisoners of War Conventionx, who are sent by ja belligerent to a neutral port or
who are picked up by a neutral warship; shall, in default of any arrangement to the contrary between the neutral Power and both belligerents, be so guarded that they cannot again take part in the operations of the war; and no such person sent by a belligerent to one of its enemy's ports shall be Lagain employed on active military service during the continuance of hostilities].
x Footnote making clear the name
of the new Convention.
TENTH HAGUE CONVENTION
(2)
Geneva, 1947; Draft
Article 1.
Page 294
(a) Sailors and soldiers an board ship and other persons officially attached to the land, sea and air armed forces who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances. They shall be treated with humanity and cared for, without any distinction of nationality, race,~ religious or political convictions, by the belligerent in whose power they may be. Women shall be treated with the particular consideration due to their sex.
The benefit of the
foregoing provisions shall also extend to wounded, sick and shipwrecked of all vessels victims of a hazard of war.
Article 2.
Shall be regarded as prisoners of war the wounded, sick or shipwrecked of one belligerent who fall into the hands of the adverse party. The latter shall decide, according to circumstances, if it is expedient to hold them or to convey them to a port situated in its own territory in a neutral country or even in enemy territory. In the last case, prisoners thus returned to their home country may no longer do active service for the duration of the war.
Article 4.
If wounded, sick or ship- wrecked persons are taken on board a neutral warship, steps shall be taken to ensure that they can no longer participate in warlike operations.
Hague X
Article 11.
154
Sailors and soldiers and other persons officially attacked to fleets or armies who are taken on board when sick or wounded, whatever their nationality, shall be respected and tended by the captors.
(Cp. 0.C.1906, Art. 1.)
Article 14.
The shipwrecked, wounded, or sick of one of the belligerents who fall into the power of the other belligerent are prisoners of war. The captor must decide, according to circumstances, whether to keep them, send them to a port of his own country, to a neutral port, or even to an enemy port. In this last case, prisoners thus repatriated cannot serve again while the war lasts.
Article 13.
If wounded, sick, or shipwrecked persons are taken on board a neutral warship, precautions must be
taken, so far as possible, that they do not again take part in the operations of the war.
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Page 294
30.
31.
32.
(1)
Admiralty Sub-Committee's
Page 2
Article 4.
The persons referred to in Article 3 shall, however, if they reach a neutral port by their own efforts or in ships' boats, or if they are picked up by a neutral merchant ship, be free; all civilians including merchant seamen and civilian aircrew sent to a neutral port by a belligerent captor, or picked by by a neutral ship, or reaching a neutral port by their own efforts or in ships boats shall likewise be free.
(2)
Geneva, 1947, Draft.
Article 5.
(3)
Hague X
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