Section 30p. 30

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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, or

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.

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.

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.

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.

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.

Art

97.

Prisoners

of

war

shall

not

in

any

case be

transferred

to

penitentiary

establishments

(prisons,

penitentiaries,

convict

prisons,

etc.)

to

undergo

disciplinary punishment therein.

All

premises

in

which

disciplinary

punishments

are

undergone shall conform to the sanitary requirements

set forth in Article 25. A prisoner of war undergoing

punishment shall be enabled to keep himself in a state of

cleanliness, in conformity with Article 29.

Officers and persons of equivalent status shall not be

lodged

in

the

same

quarters

as non-commissioned

officers or men.

Women

prisoners

of

war

undergoing

disciplinary

punishment shall be confined in separate quarters from

male prisoners of war and shall be under the immediate

supervision of women.

Art 98. A prisoner of war undergoing confinement as a

disciplinary

punishment, shall continue to enjoy the

benefits of.the provisions of this Convention except in so

far as these are necessarily rendered inapplicable by the

mere fact that he is confined. In no case may he be

deprived of the benefits of the provisions of Articles 78

and 126.

A prisoner of war awarded disciplinary punishment may

not be deprived of the prerogatives attached to his rank.

Prisoners of war awarded disciplinary punishment shall

be allowed to exercise and to stay in the open air at least

two hours daily.

They shall be allowed, on their request, to be present at

the daily medical inspections. They shall receive the

attention which their state of health requires and, if

necessary, shall be removed to the camp infirmary or to a

hospital.

They shall have permission to read and write, likewise to

send and receive letters. Parcels and remittances of

money however, may 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. Juridical 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.

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 on 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.

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.

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.

Art 103. Judicial investigations relating to a prisoner of war

shall be conducted as rapidly as circumstances permit

and so that his trial shall take place as soon as possible. A

prisoner of war shall not be confined while awaiting trial

unless a member of the armed forces of the Detaining

Power would be so confined if he were accused of a

similar offence, or if it is essential to do so in the interests

of

national

security.

In

no

circumstances

shall

this

confinement exceed three months.

Any period spent by a prisoner of war in confinement

awaiting trial shall be deducted from any sentence of

imprisonment passed upon him and taken into account

in fixing any penalty.

© Compiled by RGL

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