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Article 100 - Death Penalty

from III - Judicial Proceedings

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

The Third Convention does not prohibit the imposition of the deathpenalty on prisoners of war. However, if the laws of a DetainingPower in an international armed conflict provide for the deathpenalty for certain crimes, the Convention imposes strictlimitations on its use in relation to prisoners of war. Furthermore,States’ obligations under Articles 100 and 101 must be read in lightof other restrictions under international humanitarian law and ofpossible international commitments to abolish the death penalty. Ifa State has decided to renounce using the death penalty, it wouldnot be able to rely on Article 100 to impose this sentence onprisoners of war.

Type
Chapter
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Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1450 - 1455
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Gasser, Hans-Peter, ‘Respect for fundamental judicial guarantees in time of armed conflict: The part played by ICRC delegates’, International Review of the Red Cross, Vol. 32, No. 287, March-April 1992, pp. 121–142.CrossRefGoogle Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978, pp. 339–340.Google Scholar
Rosas, Allan, The Legal Status of Prisoners of War: A Study in International Humanitarian Law Applicable in Armed Conflicts, Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 1976, reprinted 2005, pp. 453–457.Google 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
Sassòli, Marco, ‘La peine de mort en droit international humanitaire et dans l’action du Comité international de la Croix-Rouge’, Revue internationale de droit pénal, Vol. 58, 1987, pp. 583–592.Google Scholar

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