Section 71p. 71

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

civilian objects in the power of a Party to the conflict

contained in the Fourth Convention, particularly Parts I

and III thereof, as well as to other applicable rules of

international

law

relating

to

the

protection

of

fundamental human rights during international armed

conflict.

Art 73. Refugees and stateless persons

Persons who, before the beginning of hostilities, were

considered as stateless persons or refugees under the

relevant

international

instruments

accepted

by

the

Parties concerned or under the national legislation of the

State of refuge or State of residence shall be protected

persons within the meaning of Parts I and III of the

Fourth Convention, in all circumstances and without any

adverse distinction.

Art 74. Reunion of dispersed families

The High Contracting Parties and the Parties to the

conflict shall facilitate in every possible way the reunion of

families dispersed as a result of armed conflicts and shall

encourage in particular the work of the humanitarian

organizations engaged in this task in accordance with the

provisions of the Conventions and of this Protocol and in

conformity with their respective security regulations.

Art 75. Fundamental guarantees

1. In so far as they are affected by a situation referred to in

Article 1 of this Protocol, persons who are in the power of

a Party to the conflict and who do not benefit from more

favourable treatment under the Conventions or under

this

Protocol

shall

be

treated

humanely

in

all

circumstances

and

shall

enjoy,

as

a

minimum, the

protection provided by this Article without any adverse

distinction

based

upon

race,

colour,

sex,

language,

religion or belief, political or other opinion, national or

social origin, wealth, birth or other status, or on any other

similar

criteria. Each Party shall respect the person,

honour, convictions and religious practices of all such

persons.

2. The following acts are and shall remain prohibited at

any

time

and

in

any

place

whatsoever,

whether

committed by civilian or by military agents:

(a) violence to the life, health, or physical or mental

well-being of persons, in particular:

(i) murder;

(ii) torture of all kinds, whether physical or mental;

(iii) corporal punishment; and

(iv) mutilation;

(b)

outrages

upon

personal

dignity,

in

particular

humiliating

and

degrading

treatment,

enforced

prostitution and any form of indecent assault;

(c) the taking of hostages;

(d) collective punishments; and

(e) threats to commit any of the foregoing acts.

3. Any person arrested, detained or interned for actions

related to the armed conflict shall be informed promptly,

in a language he understands, of the reasons why these

measures have been taken. Except in cases of arrest or

detention

for

penal offences, such persons shall be

released with the minimum delay possible and in any

event as soon as the circumstances justifying the arrest,

detention or internment have ceased to exist.

4. No sentence may be passed and no penalty may be

executed on a person found guilty of a penal offence

related

to the armed conflict except pursuant to a

conviction pronounced by an impartial and regularly

constituted court respecting the generally recognized

principles of regular judicial procedure, which include the

following:

(a) the procedure shall provide for an accused to be

informed without delay of the particulars of the offence

alleged against him and shall afford the accused before

and during his trial all necessary rights and means of

defence;

(b) no one shall be convicted of an offence except on the

basis of individual penal responsibility;

(c) no one shall be accused or convicted of a criminal

offence on account or any act or omission which did not

constitute

a

criminal

offence under the national or

international law to which he was subject at the time

when it was committed; nor shall a heavier penalty be

imposed than that which was applicable at the time

when the criminal offence was committed; if, after the

commission of the offence, provision is made by law for

the imposition of a lighter penalty, the offender shall

benefit thereby;

(d) anyone charged with an offence is presumed innocent

until proved guilty according to law;

(e) anyone charged with an offence shall have the right to

be tried in his presence;

(f) no one shall be compelled to testify against himself or

to confess guilt;

(g) anyone charged with an offence shall have the right to

examine, or have examined, the witnesses against him

and

to

obtain

the

attendance

and

examination

of

witnesses on his behalf under the same conditions as

witnesses against him;

(h) no one shall be prosecuted or punished by the same

Party for an offence in respect of which a final judgement

acquitting or convicting that person has been previously

pronounced under the same law and judicial procedure;

(i) anyone prosecuted for an offence shall have the right

to have the judgement pronounced publicly; and

(j) a convicted person shall be advised on conviction of his

judicial and other remedies and of the time-limits within

which they may be exercised.

5. Women whose liberty has been restricted for reasons

related to the armed conflict shall be held in quarters

separated from men's quarters. They shall be under the

immediate supervision of women. Nevertheless, in cases

where

families

are

detained or interned, they shall,

whenever

possible, be held in the same place and

accommodated as family units.

6. Persons who are arrested, detained or interned for

reasons related to the armed conflict shall enjoy the

protection provided by this Article until their final release,

repatriation or re-establishment, even after the end of the

armed conflict.

7. In order to avoid any doubt concerning the prosecution

and trial of persons accused of war crimes or crimes

against humanity, the following principles shall apply:

(a) persons who are accused of such crimes should be

submitted for the purpose of prosecution and trial in

accordance with the applicable rules of international law;

and

(b) any such persons who do not benefit from more

favourable

treatment

under the Conventions or this

Protocol shall be accorded the treatment provided by this

Article, whether or not the crimes of which they are

accused constitute grave breaches of the Conventions or

of this Protocol.

8. No provision of this Article may be construed as

limiting or infringing any other more favourable provision

granting greater protection, under any applicable rules of

international law, to persons covered by paragraph 1

Chapter II. Measures in favour of women and children

Art 76. Protection of women

1. Women shall be the object of special respect and shall

be

protected

in

particular

against

rape,

forced

prostitution and any other form of indecent assault.

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