When
prisoners of war do not
benefit or cease to
benefit, no matter for what
reason, by the
activities of a
Protecting Power or of an
organization provided for in the first paragraph above, the
Detaining Power shall
request a
neutral State, or such an
organization, to
undertake the
functions performed under the present
Convention by a
Protecting Power designated by the
Parties to a
conflict.
Any
neutral Power or any
organization invited by the
Power concerned or
offering itself for these
purposes, shall be required to
act with a sense of
responsibility towards the
Party to the
conflict on which
persons protected by the present
Convention depend, and shall be required to furnish sufficient assurances that it is in a
position to
undertake the appropriate
functions and to
discharge them impartially.
No
derogation from the preceding
provisions shall be made by
special agreements between
Powers one of which is
restricted, even temporarily, in its
freedom to
negotiate with the other
Power or its
allies by
reason of
military events, more particularly where the whole, or a substantial part, of the
territory of the said
Power is occupied.
Whenever in the present
Convention mention is made of a
Protecting Power, such mention applies to substitute
organizations in the sense of the present Article.