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 upon 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.