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Article 105 - Rights and Means of Defence

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

Article 105 lays down the rights and means of defence of a prisonerof war facing trial. Together with the ensemble of provisions in thesection on judicial proceedings (Articles 99–108), it sets out thefair trial guarantees that an accused prisoner of war must benefitfrom. There is substantive overlap between the judicial guaranteesapplicable at the trial and pretrial phases, and reference mustaccordingly be made especially to Articles 103 and 104 and theircommentaries.

Type
Chapter
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Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1490 - 1510
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
Henckaerts, Jean-Marie and Doswald-Beck, Louise, Customary International Humanitarian Law, Volume I: Rules, ICRC/Cambridge University Press, 2005, commentary on Rule 100, https://www.icrc.org/customary-ihl/eng/docs/v1_rul.CrossRefGoogle Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978, pp. 315–342 (‘The punishment of prisoners of war’).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, 1975, reprinted 2005, pp. 453–457 (‘Penal and disciplinary sanctions’).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

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