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Article 98 - Execution of Disciplinary Punishment: EssentialSafeguards

from II - Disciplinary Sanctions

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

Article 98 sets out minimum standards for the treatment ofprisoners of war undergoing disciplinary confinement. In combinationwith Article 97, which lays down minimum standards regarding thepremises in which prisoners may be confined, Article 98 provides‘the essential safeguards to be accorded to prisoners of war whileserving disciplinary sentences’. While the first paragraph ofArticle 98 refers explicitly to prisoners of war undergoingconfinement, the other paragraphs refer more generally to all formsof disciplinary punishment. It can be assumed, however, that theseprovisions were also included primarily regarding confinement, giventhe increased vulnerability of prisoners of war in suchcircumstances.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1430
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.Google Scholar
Kalshoven, Frits and Zegveld, Liesbeth, Constraints on the Waging of War: An Introduction to International Humanitarian Law, 4th edition, ICRC/Cambridge University Press, 2011, pp. 53–57.Google 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.Google Scholar

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