0031-0330 irl.qxd
2.3.2009
14:19
Page 125
PRISONERS OF WAR
125
ART. 87. — 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.
Collective punishment for individual acts, corporal punishment,
imprisonment in premises without daylight and, in general, any
form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining
Power, or prevented from wearing his badges.
Penalties
ART. 88. — 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.
A woman prisoner of war shall not be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment
more severely, than a woman member of the armed forces of the
Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or
sentenced to a punishment more severe, or treated whilst
undergoing punishment more severely, than a male member of the
armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial
sentences may not be treated differently from other prisoners of
war.
Execution
of penalties
II. Disciplinary Sanctions
ART. 89. — The disciplinary punishments applicable to prisoners
of war are the following:
General
observations
1) A fine which shall not exceed 50 per cent of the advances of
pay and working pay which the prisoner of war would
otherwise receive under the provisions of Articles 60 and 62
during a period of not more than thirty days.
I.
Forms of
punishment
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos