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11.12.5 Prohibition Against Deporting or Transferring the Occupied State’s CivilianPopulation Into Occupied Territory. The Occupying Power shall not deport or transfer parts ofits own civilian population into the territory it occupies. 25011.13 PROTECTION OF CHILDREN IN OCCUPIED TERRITORYArticle 50 of the GC provides for certain duties of an Occupying Power with respect tochildren in occupied territory. “Children” for the purposes of Article 50 of the GC and itsobligations with respect to the protection of children in occupied territory may be understoodgenerally to refer to children under fifteen years of age. 251Other duties that are not specific to occupied territory exist with regard to children. 25211.13.1 Obligation With Respect to the Care and Education of Children. The OccupyingPower shall, with the cooperation of the national and local authorities, facilitate the properworking of all institutions devoted to the care and education of children. 253 This obligation goesbeyond merely not interfering with such institutions, but also includes the affirmative duty tosupport them when the responsible authorities of the country fail to do so. 254Should the local institutions be inadequate for the purpose, the Occupying Power shallmake arrangements for the maintenance and education – if possible, by persons of their own78 (“In each case [of the evacuation of children], all Parties to the conflict shall take all feasible precautions to avoidendangering the evacuation.”).250 GC art. 49 (“The Occupying Power shall not deport or transfer parts of its own civilian populations into theterritory it occupies.”).251 GC COMMENTARY 285 (“What should the word ‘children’ be considered to mean for the purposes of Article 50?Although the conception of ‘children’ has an important place in the Convention there is, as has already been pointedout, no general definition of the word. On the other hand the Convention has fixed various age limits in theprovisions prescribing preferential treatment for children: fifteen years of age, in Articles 14 (hospital and safetyzones), 23 (consignment of relief supplies), 24 and 38 (5) (measures relating to child welfare); twelve years of age inArticle 24, paragraph 3 (identification); and, as will be seen, eighteen years of age in Articles 51, paragraph 2(compulsory labour) and 68, paragraph 4 (death penalty). Article 50, unlike those just mentioned, does not specifyany age limit for the children to whom it refers, except in the last paragraph. Since, however, the establishments andinstitutions which paragraph 1 is intended to protect are generally for children and young people up to the age offifteen, that appears to be a reasonable upper limit and might therefore serve here as a criterion. The application ofArticle 50, however, cannot depend on any formal and often too rigid rule; its application must be governed by thedegree of development of the physical and mental faculties of the persons concerned; it may therefore be applied toyoung people until such time as they attain their majority. The meaning given to the term ‘children’ will also, ofcourse, depend on the legislation of the occupied country, particularly in respect of identification.”).252 Refer to § 4.20 (Children).253 GC art. 50 (“The Occupying Power shall, with the cooperation of the national and local authorities, facilitate theproper working of all institutions devoted to the care and education of children.”).254 GC COMMENTARY 286 (“The Occupying Powers must, with the co-operation of the national and localauthorities, facilitate the proper working of children's institutions. That means that the occupying authorities arebound not only to avoid interfering with their activities, but also to support them actively and even encourage themif the responsible authorities of the country fail in their duty.”).780