Geneva Convention (III) 14

Geneva Convention (III)

 

ARTICLE 95

A prisoner of war accused of an offence against discipline shall not be
kept in confinement pending the hearing unless a member of the armed
forces of the Detaining Power would be so kept if he were accused of a
similar offence, or if it is essential in the interests of camp order and
discipline.

Any period spent by a prisoner of war in confinement awaiting the
disposal of an offence against discipline shall be reduced to an absolute
minimum and shall not exceed fourteen days.

The provisions of Articles 97 and 98 of this Chapter shall apply to
prisoners of war who are in confinement awaiting the disposal of offences
against discipline.

ARTICLE 96

Acts which constitute offences against discipline shall be investigated
immediately.

Without prejudice to the competence of courts and superior military
authorities, disciplinary punishment may be ordered only by an officer
having disciplinary powers in his capacity as camp commander, or by a
responsible officer who replaces him or to whom he has delegated his
disciplinary powers.

In no case may such powers be delegated to a prisoner of war or be
exercised by a prisoner of war.

Before any disciplinary award is pronounced, the accused shall be given
precise information regarding the offences of which he is accused, and
given an opportunity of explaining his conduct and of defending himself.
He shall be permitted, in particular, to call witnesses and to have
recourse, if necessary, to the services of a qualified interpreter. The
decision shall be announced to the accused prisoner of war and to the
prisoners’ representative.

A record of disciplinary punishments shall be maintained by the camp
commander and shall be open to inspection by representatives of the
Protecting Power.

ARTICLE 97

Prisoners of war shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to
undergo disciplinary punishment therein.

All premises in which disciplinary punishments are undergone shall
conform to the sanitary requirements set forth in Article 25. A prisoner
of war undergoing punishment shall be enabled to keep himself in a state
of cleanliness, in conformity with Article 29.

Officers and persons of equivalent status shall not be lodged in the same
quarters as non-commissioned officers or men.

Women prisoners of war undergoing disciplinary punishment shall be
confined in separate quarters from male prisoners of war and shall be
under the immediate supervision of women.

ARTICLE 98

A prisoner of war undergoing confinement as a disciplinary punishment,
shall continue to enjoy the benefits of.the provisions of this Convention
except in so far as these are necessarily rendered inapplicable by the
mere fact that he is confined. In no case may he be deprived of the
benefits of the provisions of Articles 78 and 126.

A prisoner of war awarded disciplinary punishment may not be deprived of
the prerogatives attached to his rank.

Prisoners of war awarded disciplinary punishment shall be allowed to
exercise and to stay in the open air at least two hours daily.

They shall be allowed, on their request, to be present at the daily
medical inspections. They shall receive the attention which their state
of health requires and, if necessary, shall be removed to the camp
infirmary or to a hospital.

They shall have permission to read and write, likewise to send and
receive letters. Parcels and remittances of money however, may be
withheld from them until the completion of the punishment; they shall
meanwhile be entrusted to the prisoners’ representative, who-will hand
over to the infirmary the perishable goods contained in such parcels.

III. Judicial Proceedings

ARTICLE 99

No prisoner of war may be tried or sentenced for an act which is not
forbidden by the law of the Detaining Power or by international law, in
force at the time the said act was committed.

No moral or physical coercion may be exerted on a prisoner of war in
order to induce him to admit himself guilty of the act of which he is
accused.

No prisoner of war may be convicted without having had an opportunity to
present his defence and the assistance of a qualified advocate or
counsel.

ARTICLE 100

Prisoners of war and the Protecting Powers shall be informed as soon as
possible of the offences which are punishable by the death sentence under
the laws of the Detaining Power.

Other offences shall not thereafter be made punishable by the death
penalty without the concurrence of the Power on which the prisoners of
war depend.

The death sentence cannot be pronounced on a prisoner of war unless the
attention of the court has, in accordance with Article 87, second
paragraph, been particularly called to the fact that since the accused is
not a national of the Detaining Power, he is not bound to it by any duty
of allegiance, and that he is in its power as the result of circumstances
independent of his own will.

ARTICLE 101

If the death penalty is pronounced on a prisoner of war, the sentence
shall not be executed before the expiration of a period of at least six
months from the date when the Protecting Power receives, at an indicated
address, the detailed communication provided for in Article 107.

ARTICLE 102

A prisoner of war can be validly sentenced only if the sentence has been
pronounced by the same courts according to the same procedure as in the
case of members of the armed forces of the Detaining Power, and if,
furthermore, the provisions of the present Chapter have been observed.

ARTICLE 103

Judicial investigations relating to a prisoner of war shall be conducted
as rapidly as circumstances permit and so that his trial shall take place
as soon as possible. A prisoner of war shall not be confined while
awaiting trial unless a member of the armed forces of the Detaining Power
would be so confined if he were accused of a similar offence, or if it is
essential to do so in the interests of national security. In no
circumstances shall this confinement exceed three months.

Any period spent by a prisoner of war in confinement awaiting trial shall
be deducted from any sentence of imprisonment passed upon him and taken
into account in fixing any penalty.

The provisions of Articles 97 and 98 of this Chapter shall apply to a
prisoner of war whilst in confinement awaiting trial.

ARTICLE 104

In any case in which the Detaining Power has decided to institute
judicial proceedings against a prisoner of war, it shall notify the
Protecting Power as soon as possible and at least three weeks before the
opening of the trial. This period of three weeks shall run as from the
day on which such notification reaches the Protecting Power at the
address previously indicated by the latter to the Detaining Power.

The said notification shall contain the following information:

(1) Surname and first names of the prisoner of war, his rank, his army,
regimental, personal or serial number, his date of birth, and his
profession or trade, if any;

(2) Place of internment or confinement;

(3) Specification of the charge or charges on which the prisoner of war
is to be arraigned, giving the legal provisions applicable;

(4) Designation of the court which will try the case, likewise the date
and place fixed for the opening of the trial.

The same communication shall be made by the Detaining Power to the
prisoners’ representative.

If no evidence is submitted, at the opening of a trial, that the
notification referred to above was received by the Protecting Power, by
the prisoner of war and by the prisoners’ representative concerned, at
least three weeks before the opening of the trial, then the latter cannot
take place and must be adjourned.

ARTICLE 105

The prisoner of war shall be entitled to assistance by one of his
prisoner comrades, to defence by a qualified advocate or counsel of his
own choice, to the calling of witnesses and, if he deems necessary, to
the services of a competent interpreter. He shall be advised of these
rights by the Detaining Power in due time before the trial.

Failing a choice by the prisoner of war, the Protecting Power shall find
him an advocate or counsel, and shall have at least one week at its
disposal for the purpose. The Detaining Power shall deliver to the said
Power, on request, a list of persons qualified to present the defence.
Failing a choice of an advocate or counsel by the prisoner of war or the
Protecting Power, the Detaining Power shall appoint a competent advocate
or counsel to conduct the defence.

The advocate or counsel conducting the defence on behalf of the prisoner
of war shall have at his disposal a period of two weeks at least before
the opening of the trial, as well as the necessary facilities to prepare
the defence of the accused. He may, in particular, freely visit the
accused and interview him in private. He may also confer with any
witnesses for the defence, including prisoners of war. He shall have the
benefit of these facilities until the term of appeal or petition has
expired.

Particulars of the charge or charges on which the prisoner of war is to
be arraigned, as well as the documents which are generally communicated
to the accused by virtue of the laws in force in the armed forces of the
Detaining Power, shall be communicated to the accused prisoner of war in
a language which he understands, and in good time before the opening of
the trial. The same communication in the same circumstances shall be made
to the advocate or counsel conducting the defence on behalf of the
prisoner of war.

The representatives of the Protecting Power shall be entitled to attend
the trial of the case, unless, exceptionally, this is held in camera in
the interest of State security. In such a case the Detaining Power shall
advise the Protecting Power accordingly.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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