0031-0330 irl.qxd
2.3.2009
14:19
Page 129
129
PRISONERS OF WAR
be withheld from them until the completion of the punishment;
they shall meanwhile be entrusted to the prisoners’ representative,
who will hand over to the infirmary the perishable goods contained
in such parcels.
III. Judicial Proceedings
ART. 99. — No prisoner of war may be tried or sentenced for an
act which is not forbidden by the law of the Detaining Power or by
international law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of
war in order to induce him to admit himself guilty of the act of
which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a qualified
advocate or counsel.
Essential
rules
ART. 100. — Prisoners of war and the Protecting Powers shall be
informed as soon as possible of the offences which are punishable
by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the
death penalty without the concurrence of the Power upon which the
prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article 87,
second paragraph, been particularly called to the fact that since the
accused is not a national of the Detaining Power, he 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.
II.
Death
penalty
ART. 101. — If the death penalty is pronounced on a prisoner of
war, the sentence shall not be executed before the expiration of a
period of at least six months from the date when the Protecting
Power receives, at an indicated address, the detailed communication
provided for in Article 107.
III.
Delay in
execution of
the death
penalty
ART. 102. — A prisoner of war can be validly sentenced only if
the sentence has been pronounced by the same courts according to
the same procedure as in the case of members of the armed forces of
the Detaining Power, and if, furthermore, the provisions of the
present Chapter have been observed.
Procedure
I.
General
principles
I.
Conditions
for validity of
sentence
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