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Article 95 - Disciplinary Procedure: Confinement Awaiting Hearing

from II - Disciplinary Sanctions

Published online by Cambridge University Press:  21 August 2021

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Summary

Article 95 deals with confinement of prisoners of war who areawaiting a hearing and is the first of two provisions regulating theprocedure for imposing disciplinary punishment. Where suchconfinement is permissible, Article 95 provides that it must be keptto an absolute minimum and last no longer than 14 days. It furtherrequires that prisoners be afforded the same minimum standards oftreatment and conditions of confinement as for any otherdisciplinary confinement. The reason for this restrictive frameworkis that the offences punishable by disciplinary measures are of arelatively minor character.

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Chapter
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Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
, pp. 1411 - 1415
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Bretonnière, Maurice, ‘L’application de la Convention de Genève aux prisonniers français en Allemagne durant la seconde guerre mondiale’ (typewritten thesis), Paris, 1949, pp. 313–319.Google Scholar
Harvey, Alton H., ‘The Maintenance of Control over Prisoners of War’, Military Law and the Law of War Review, Vol. 2, 1963, pp. 127148.Google Scholar
Hingorani, Rup C., Prisoners of War, 2nd edition, Oceana Press, 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. 359411.Google Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978, pp. 315342.Google Scholar

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