Geneva Convention relative to the Treatment of Pri...
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judicial
[
Global Index
]
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-82
[
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]
... A
prisoner of war
shall be
subject
to the
laws
,
regulations
and
orders
in
force
in the
armed forces
of the
Detaining Power
; the
Detaining Power
shall be justified in taking
judicial
or
disciplinary
measures
in
respect
of any
offence
committed by a
prisoner of war
against such
laws
,
regulations
or
orders
. However, no
proceedings
or punishments
contrary
to the
provisions
of this
Chapter
shall be allowed. ...
ARTICLE-83
[
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]
... In deciding whether
proceedings
in
respect
of an
offence
alleged to have been committed by a
prisoner of war
shall be
judicial
or
disciplinary
, the
Detaining Power
shall ensure that the
competent
authorities
exercise
the
greatest
leniency
and
adopt
, wherever possible,
disciplinary
rather than
judicial measures
. ...
... In deciding whether
proceedings
in
respect
of an
offence
alleged to have been committed by a
prisoner of war
shall be
judicial
or
disciplinary
, the
Detaining Power
shall ensure that the
competent
authorities
exercise
the
greatest
leniency
and
adopt
, wherever possible,
disciplinary
rather than
judicial measures
. ...
ARTICLE-88
: II. Disciplinary sanctions [
go to this ARTICLE
]
...
Officers
,
non-commissioned
officers
and
men
who are
prisoners of war
undergoing a
disciplinary
or
judicial
punishment
, shall not be subjected to more severe
treatment
than that applied in
respect
of the same
punishment
to
members
of the
armed forces
of the
Detaining Power
of
equivalent
rank
. ...
...
Prisoners of war
who have served
disciplinary
or
judicial sentences
may not be treated differently from other
prisoners of war
. ...
ARTICLE-93
[
go to this ARTICLE
]
...
Escape
or
attempt
to
escape
, even if it is a
repeated offence
, shall not be deemed an aggravating
circumstance
if the
prisoner of war
is subjected to
trial
by
judicial proceedings
in
respect
of an
offence
committed during his
escape
or
attempt
to
escape
. ...
ARTICLE-98
: III. Judicial proceedings [
go to this ARTICLE
]
... III.
Judicial proceedings
...
ARTICLE-103
[
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]
...
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
. ...
ARTICLE-104
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-115
[
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]
...
Prisoners of war
detained
in
connection
with a
judicial
prosecution
or
conviction
and who are
designated
for
repatriation
or
accommodation
in a
neutral country
, may
benefit
by such
measures
before the end of the
proceedings
or the
completion of the punishment
, if the
Detaining Power
consents
. ...
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