0031-0330 irl.qxd
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2.3.2009
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Page 124
THIRD GENEVA CONVENTION OF 1949
CHAPTER III
Penal and Disciplinary Sanctions
I. General Provisions
Applicable
legislation
ART. 82. — 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.
If any law, regulation or order of the Detaining Power shall
declare acts committed by a prisoner of war to be punishable,
whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall entail
disciplinary punishments only.
Choice of
disciplinary
or judicial
proceedings
ART. 83. — 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.
Courts
ART. 84. — 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.
Offences
committed
before
capture
ART. 85. — Prisoners of war prosecuted under the laws of the
Detaining Power for acts committed prior to capture shall retain,
even if convicted, the benefits of the present Convention.
“Non bis
in idem”
ART. 86. — No prisoner of war may be punished more than once
for the same act, or on the same charge.
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