Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II):Article 4 Fundamental guarantees

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II)

Article 4 Fundamental guarantees

Geldend

Documentgegevens:

Geldend vanaf 07-12-1978

Bronpublicatie:: 08-06-1977, Trb. 1978, 42 (uitgifte: 07-04-1978, kamerstukken/regelingnummer: -)
Inwerkingtreding: 07-12-1978
Bronpublicatie inwerkingtreding:: 02-06-1980, Trb. 1980, 88 (uitgifte: 02-06-1980, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Mensenrechten

1.

All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.

2.

Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:

(a): violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
(b): collective punishments;
(c): taking of hostages;
(d): acts of terrorism;
(e): outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
(f): slavery and the slave trade in all their forms;
(g): pillage;
(h): threats to commit any of the foregoing acts.

3.

Children shall be provided with the care and aid they require, and in particular:

(a): they shall receive an education, including religious and moral education, in keeping with the wishes of their parents or, in the absence of parents, of those responsible for their care;
(b): all appropriate steps shall be taken to facilitate the reunion of families temporarily separated;
(c): children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities;
(d): the special protection provided by this Article to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the provisions of sub-paragraph (c) and are captured;
(e): measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being.