''The Schedules Schedule 1—Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 CHAPTER I.—GENERAL PROVISIONS
ARTICLE 3''
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.

''Schedule 2—Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949ARTICLE 3''

In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular,
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.

''Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 PART I.—GENERAL PROVISIONS ARTICLE 3''
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular,
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.

''Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 PART I.—GENERAL PROVISIONS ARTICLE 4''

A. Prisoners of war, in the sense of the present Convention, are persons
belonging to one of the following categories, who have fallen into the power of
the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as
members of militias or volunteer corps forming part of such
armed forces.
(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to
a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates;
(b) that of having a fixed distinctive sign recognizable at a
distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with
the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a
government or an authority not recognized by the Detaining
Power.
(4) Persons who accompany the armed forces without actually being
members thereof, such as civilian members of military aircraft
crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the
armed forces, provided that they have received authorization
from the armed forces which they accompany, who shall provide
them for that purpose with an identity card similar to the annexed
model.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to
the conflict, who do not benefit by more favourable treatment
under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the
enemy spontaneously take up arms to resist the invading forces,
without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and
customs of war.
B. The following shall likewise be treated as prisoners of war under the
present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the
occupied country, if the occupying Power considers it necessary
by reason of such allegiance to intern them, even though it has
originally liberated them while hostilities were going on outside
the territory it occupies, in particular where such persons have
made an unsuccessful attempt to rejoin the armed forces to which
they belong and which are engaged in combat, or where they fail
to comply with a summons made to them with a view to
internment.
(2) The persons belonging to one of the categories enumerated in the
present Article, who have been received by neutral or
non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice
to any more favourable treatment which these Powers may
choose to give and with the exception of Articles 8, 10, 15, 30,
fifth paragraph, 58-67, 92, 126 and, where diplomatic relations
exist between the Parties to the conflict and the neutral or
non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the
Parties to a conflict on whom these persons depend shall be
allowed to perform towards them the functions of a Protecting
Power as provided in the present Convention, without prejudice
to the functions which these Parties normally exercise in
conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and
chaplains as provided for in Article 33 of the present Convention.

PART II.—GENERAL PROTECTION OF PRISONERS OF WAR, ARTICLE 14

Prisoners of war are entitled in all circumstances to respect for their
persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all
cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at
the time of their capture. The Detaining Power may not restrict the exercise,
either within or without its own territory, of the rights such capacity confers
except in so far as the captivity requires.

''Schedule 4—Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 PART I.—GENERAL PROVISIONS, ARTICLE 3''

In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.

''Schedule 3, PART II.—GENERAL PROTECTION OF PRISONERS OF WAR, ARTICLE 13''
Prisoners of war must at all times be humanely treated. Any unlawful act or
omission by the Detaining Power causing death or seriously endangering the
health of a prisoner of war in its custody is prohibited, and will be regarded as a
serious breach of the present Convention. In particular, no prisoner of war may
be subjected to physical mutilation or to medical or scientific experiments of
any kind which are not justified by the medical, dental or hospital treatment of
the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly
against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.

17 Defence based on laws, customs and usages of war

(2) Subject to section 16, it is a defence if the doing by the defendant of the act alleged to be the offence:

(a) was permitted by the laws, customs and usages of war; and
(b) was not under international law a crime against humanity.

An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:

"(2) Subject to section 16, it is a defence if the doing by the defendant of the act alleged to be the offence:

(a) was permitted by the laws, customs and usages of war; and

(b) was not under international law a crime against humanity."