Article 102 - Judicial Procedure: Conditions for Validity of Sentence

Summary

Article 102 belongs to the section on judicial proceedings in thechapter on penal and disciplinary sanctions. It lays down the rulethat a prisoner of war may be sentenced only by the same courtsaccording to the same procedure as in the case of members of theDetaining Power’s own forces, thus reflecting the ‘principle ofassimilation’. This principle, which employs the rules and standardsin force in the armed forces of the Detaining Power as the point ofreference for determining the treatment owed to prisoners of war,runs through the Convention as a whole and underpins severalprovisions of the present chapter. The principle seeks to ensurethat prisoners of war benefit at a minimum from the safeguardsafforded to members of the Detaining Power’s own forces.