Geneva Convention relative to the Treatment of Pri...
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court
[
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ARTICLE-3
[
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]
... (d) The passing of
sentences
and the carrying out of
executions
without previous
judgment
pronounced by a regularly constituted
court
affording all the
judicial
guarantees
which are recognized as indispensable by
civilized
peoples. ...
ARTICLE-84
[
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]
... A
prisoner of war
shall be tried only by a
military court
, unless the
existing
laws
of the
Detaining Power
expressly
permit
the
civil courts
to try a
member
of the
armed forces
of the
Detaining Power
in
respect
of the particular
offence
alleged to have been committed by the
prisoner of war
. ...
... A
prisoner of war
shall be tried only by a
military court
, unless the
existing
laws
of the
Detaining Power
expressly
permit
the
civil courts
to try a
member
of the
armed forces
of the
Detaining Power
in
respect
of the particular
offence
alleged to have been committed by the
prisoner of war
. ...
... In no
circumstances
whatever shall a
prisoner of war
be tried by a
court
of any kind which does not
offer
the essential
guarantees
of
independence
and
impartiality
as generally recognized, and, in particular, the
procedure
of which does not afford the
accused
the
rights
and means of
defence
provided for in Article
105
. ...
ARTICLE-87
[
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]
...
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. ...
... 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. ...
ARTICLE-96
[
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]
... 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
. ...
ARTICLE-100
[
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]
... 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-102
[
go to this ARTICLE
]
... 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-104
[
go to this ARTICLE
]
... 4 . Designation of the
court
which will try the
case
, likewise the
date
and
place
fixed for the
opening
of the
trial
. ...
ARTICLE-129
[
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]
... Each
High Contracting Party
shall be under the
obligation
to
search
for
persons
alleged to have committed, or to have ordered to be committed, such
grave
breaches
, and shall bring such
persons
, regardless of their
nationality
, before its own
courts
. It may also, if it prefers, and in
accordance
with the
provisions
of its own
legislation
, hand such
persons
over for
trial
to another
High Contracting Party
concerned, provided such
High Contracting Party
has made out a prima facie
case
. ...
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