0031-0330 irl.qxd
2.3.2009
14:20
Page 191
PROTECTION OF CIVILIAN PERSONS
191
take into consideration the fact that the accused is not a national of
the Occupying Power.
ART. 68. — Protected persons who commit an offence which is
solely intended to harm the Occupying Power, but which does not
constitute an attempt on the life or limb of members of the
occupying forces or administration, nor a grave collective danger,
nor seriously damage the property of the occupying forces or
administration or the installations used by them, shall be liable to
internment or simple imprisonment, provided the duration of such
internment or imprisonment is proportionate to the offence
committed. Furthermore, internment or imprisonment shall, for
such offences, be the only measure adopted for depriving protected
persons of liberty. The courts provided for under Article 66 of the
present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in
accordance with Articles 64 and 65 may impose the death penalty
on a protected person only in cases where the person is guilty of
espionage, of serious acts of sabotage against the military
installations of the Occupying Power or of intentional offences
which have caused the death of one or more persons, provided that
such offences were punishable by death under the law of the
occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected
person unless the attention of the court has been particularly called
to the fact that since the accused is not a national of the Occupying
Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a
protected person who was under eighteen years of age at the time of
the offence.
V.
Penalties.
Death
penalty
ART. 69. — In all cases, the duration of the period during which
a protected person accused of an offence is under arrest awaiting
trial or punishment shall be deducted from any period of
imprisonment awarded.
VI.
Deduction
from
sentence of
period spent
under arrest
ART. 70. — Protected persons shall not be arrested, prosecuted or
convicted by the Occupying Power for acts committed or for
opinions expressed before the occupation, or during a temporary
interruption thereof, with the exception of breaches of the laws and
customs of war.
Nationals of the Occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the occupied State,
VII.
Offences
committed
before
occupation