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Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 74. Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power. Any judgement involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71 and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgements other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgement has been received by the Protecting Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- 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 of awarded.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 37. Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 33. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 107. Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners' representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- 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 commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. 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 commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 66. In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64 the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 53. Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- 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.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 131. Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 75. In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. No death sentence shall be carried out before the expiration of a period of a least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve. The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 72. Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence. Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel. Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 71. No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial. Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons. The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars: (a) description of the accused; (b) place of residence or detention; (c) specification of the charge or charges (with mention of the penal provisions under which it is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- 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, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 130. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Health
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 121. Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 115. No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction, and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 105. The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- 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.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- 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.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 18. All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner's request, shall be placed to the credit of the prisoner's account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply. Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 13. Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Health
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. 1 (d)
- Paragraph text
- Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1949
- Date added
- Aug 19, 2019
Paragraph
24 shown of 24 entities