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Article 96 - Disciplinary Procedure: Competent Authorities and Rights ofDefence

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 96 is the second of two articles in the Third Conventionthat regulate the procedure for disciplinary punishments. WhileArticle 95 deals with confinement of prisoners of war who areawaiting a hearing, Article 96 sets out the procedural requirements,including provisions on the competent disciplinary authorities andthe minimum rights of the accused in case of disciplinarypunishment. Article 96 thus establishes procedural safeguards thatensure a minimum standard of due process.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1416 - 1423
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 and 385–386.Google Scholar
Harvey, Alton H., ‘The Maintenance of Control over Prisoners of War’, Military Law and the Law of War Review, 1963, pp. 127–148.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. 359–411.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
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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