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Article 83 - Choice of Disciplinary or Judicial Proceedings

from I - General Provisions

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

The previous article set forth the basic principle that prisonersof war are subject to the laws, regulations and orders in force inthe armed forces of the Detaining Power and recognized the authorityof that Power to take judicial or disciplinary measures in respectof any offence committed by a prisoner of war against such laws,regulations or orders. Article 83 requires that the Detaining Power,in exercising that authority, apply the ‘greatest leniency’ indeciding between disciplinary and judicial proceedings and thatdisciplinary measures be adopted ‘wherever possible’.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1295 - 1299
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Harvey, Alton H., ‘The Maintenance of Control over Prisoners of War’, Military Law and the Law of War Review, Vol. 2, 1963, pp. 127–148.Google Scholar
Hingorani, Rup C., Prisoners of War, 2nd edition, Oceana Publications, Dobbs Ferry, 1982.Google Scholar
Krähenmann, Sandra, ‘Protection of Prisoners in Armed Conflict’, in Fleck, Dieter (ed.), The Handbook of International Humanitarian Law, 3rd edition, Oxford University Press, 2013, pp. 359–411.Google Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978.Google Scholar
Maia, Catherine, Kolb, Robert and Scalia, Damien, La Protection des Prisonniers de Guerre en Droit International Humanitaire, Bruylant, Brussels, 2015, pp. 371–417.Google Scholar
Rowe, Peter, ‘The trial of prisoners of war by military courts in modern armed conflicts’, in Harvey, Caroline, Summers, James and White, Nigel D. (eds), Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe, Cambridge University Press, 2014, pp. 313–336.CrossRefGoogle Scholar
Rowe, Peter, ‘Penal or Disciplinary Proceedings Brought against a Prisoner of War’, in Clapham, Andrew, Gaeta, Paola and Sassòli, Marco (eds), The 1949 Geneva Conventions: A Commentary, Oxford University Press, 2015, pp. 1025–1038.Google Scholar

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