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Article 108 - Execution of Judicial Penalties: Premises and EssentialSafeguards

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 108 contains rules on the treatment of prisoners of war whohave been sentenced once judicial proceedings have definitivelyconcluded. It requires that they serve their sentences in the sameestablishments and under the same conditions as members of the armedforces of the Detaining Power, while providing that these conditionsmust conform to the requirements of health and humanity. The articlefurther lays down certain safeguards that must be afforded toconvicted prisoners of war who are sentenced to a period ofdeprivation of liberty/imprisonment. It also contains an explicitrule relating to the protection of women prisoners of war in suchcircumstances: they must be confined in separate quarters and underthe immediate supervision of women.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1529
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
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978.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

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