0031-0330 irl.qxd
2.3.2009
14:19
Page 127
PRISONERS OF WAR
127
A prisoner of war who is recaptured shall be handed over without
delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war
punished as a result of an unsuccessful escape may be subjected to
special surveillance. Such surveillance must not affect the state of
their health, must be undergone in a prisoner of war camp, and
must not entail the suppression of any of the safeguards granted
them by the present Convention.
ART. 93. — 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.
In conformity with the principle stated in Article 83, offences
committed by prisoners of war with the sole intention of facilitating
their escape and which do not entail any violence against life or
limb, such as offences against public property, theft without
intention of self-enrichment, the drawing up or use of false papers,
the wearing of civilian clothing, shall occasion disciplinary
punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment only.
III.
Connected
offences
ART. 94. — If an escaped prisoner of war is recaptured, the Power
on which he depends shall be notified thereof in the manner defined
in Article 122, provided notification of his escape has been made.
IV.
Notification
of recapture
ART. 95. — A prisoner of war accused of an offence against
discipline shall not be kept in confinement pending the hearing
unless a member of the armed forces of the Detaining Power would
be so kept if he were accused of a similar offence, or if it is essential
in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offence against discipline shall be reduced to an
absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to
prisoners of war who are in confinement awaiting the disposal of
offences against discipline.
Procedure
ART. 96. — Acts which constitute offences against discipline shall
be investigated immediately.
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
II.
Competent
authorities
and right of
defence
I.
Confinement
awaiting
hearing
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