Section 45p. 45

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

agreement

between

the

Occupying

Power and the

Protecting Power, to a neutral Power, to the International

Committee of the Red Cross or to any other impartial

humanitarian body.

Such consignments shall be exempt in occupied territory

from all charges, taxes or customs duties unless these are

necessary in the interests of the economy of the territory.

The

Occupying

Power

shall

facilitate

the

rapid

distribution of these consignments.

All Contracting Parties shall endeavour to permit the

transit

and

transport,

free of charge, of such relief

consignments on their way to occupied territories.

Art.

62.

Subject

to

imperative

reasons

of

security,

protected

persons

in

occupied

territories

shall

be

permitted to receive the individual relief consignments

sent to them.

Art. 63. Subject to temporary and exceptional measures

imposed for urgent reasons of security by the Occupying

Power:

(a) recognized National Red Cross (Red Crescent, Red

Lion and Sun) Societies shall be able to pursue their

activities in accordance with Red Cross principles, as

defined by the International Red Cross Conferences.

Other relief societies shall be permitted to continue their

humanitarian activities under similar conditions;

(b) the Occupying Power may not require any changes in

the personnel or structure of these societies, which would

prejudice the aforesaid activities.

The same principles shall apply to the activities and

personnel

of

special

organizations

of

a non-military

character,

which

already

exist

or

which

may

be

established,

for

the

purpose

of

ensuring

the

living

conditions of the civilian population by the maintenance

of the essential public utility services, by the distribution

of relief and by the organization of rescues.

Art. 64. The penal laws of the occupied territory shall

remain in force, with the exception that they may be

repealed or suspended by the Occupying Power in cases

where they constitute a threat to its security or an

obstacle to the application of the present Convention.

Subject to the latter consideration and to the necessity

for ensuring the effective administration of justice, the

tribunals

of the occupied territory shall continue to

function in respect of all offences covered by the said

laws.

The

Occupying

Power

may,

however,

subject

the

population of the occupied territory to provisions which

are essential to enable the Occupying Power to fulfil its

obligations under the present Convention, to maintain

the orderly government of the territory, and to ensure the

security of the Occupying Power, of the members and

property of the occupying forces or administration, and

likewise

of

the

establishments

and

lines

of

communication used by them.

Art. 65. The penal provisions enacted by the Occupying

Power shall not come into force before they have been

published

and

brought

to

the

knowledge

of

the

inhabitants in their own language. The effect of these

penal provisions shall not be retroactive.

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.

Art. 67. The courts shall apply only those provisions of law

which were applicable prior to the offence, and which are

in accordance with general principles of law, in particular

the principle that the penalty shall be proportionate to

the offence. They shall take into consideration the fact the

accused is not a national of the Occupying Power.

Art. 68. Protected persons who commit an offence which

is solely intended to harm the Occupying Power, but

which does not constitute an attempt on the life or limb

of members of the occupying forces or administration,

nor a grave collective danger, nor seriously damage the

property of the occupying forces or administration or the

installations used by them, shall be liable to internment

or simple imprisonment, provided the duration of such

internment or imprisonment is proportionate to the

offence

committed.

Furthermore,

internment

or

imprisonment

shall,

for

such

offences,

be

the

only

measure adopted for depriving protected persons of

liberty. The courts provided for under Article 66 of the

present Convention may at their discretion convert a

sentence of imprisonment to one of internment for the

same period.

The penal provisions promulgated by the Occupying

Power in accordance with Articles 64 and 65 may impose

the death penalty against a protected person only in

cases where the person is guilty of espionage, of serious

acts of sabotage against the military installations of the

Occupying Power or of intentional offences which have

caused the death of one or more persons, provided that

such offences were punishable by death under the law of

the occupied territory in force before the occupation

began.

The death penalty may not be pronounced against a

protected person unless the attention of the court has

been particularly called to the fact that since the accused

is not a national of the Occupying Power, he is not bound

to it by any duty of allegiance.

In any case, the death penalty may not be pronounced on

a protected person who was under eighteen years of age

at the time of the offence.

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.

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.

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

© Compiled by RGL

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