Prisoners of war may not be
sentenced by the
military authorities and
courts of the
Detaining Power to any
penalties except those provided for in
respect of
members of the
armed forces of the said
Power who have committed the same
acts.
When fixing the
penalty, the
courts or
authorities of the
Detaining Power shall take into
consideration, to the widest
extent possible, the
fact that the
accused, not being a
national of the
Detaining Power, 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. The said
courts or
authorities shall be at
liberty to reduce the
penalty provided for the
violation of which the
prisoner of war is
accused, and shall therefore not be bound to apply the
minimum penalty prescribed.
No
prisoner of war may be
deprived of his
rank by the
Detaining Power, or prevented from wearing his
badges.