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Article 82 - Applicable Legislation

from I - General Provisions

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

Article 82 opens the chapter on penal and disciplinary sanctions(Articles 82–108), laying down the basic principle that prisoners ofwar are subject to the laws, regulations and orders in force in thearmed forces of the Detaining Power. As a corollary, it recognizesthe authority of the Detaining Power to take judicial ordisciplinary measures in respect of any offence committed by aprisoner of war against such laws, regulations or orders.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1284 - 1294
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Esgain, Albert J. and Solf, Waldemar A., ‘The 1949 Geneva Convention Relative to the Treatment of Prisoners of War: Its Principles, Innovations, and Deficiencies’, North Carolina Law Review, Vol. 41, No. 3, 1963, pp. 537–596.Google Scholar
Hingorani, Rup C., Prisoners of War, 2nd edition, Oceana Publications, 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.Google Scholar
Maia, Catherine, Kolb, Robert and Scalia, Damien, La Protection des Prisonniers de Guerre en Droit International Humanitaire, Bruylant, Brussels, 2015, pp. 371–417.Google Scholar
Rosas, Allan, The Legal Status of Prisoners of War: A Study in International Humanitarian Law Applicable in Armed Conflicts, Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 1976, reprinted 2005.Google Scholar
Rowe, Peter, ‘The trial of prisoners of war by military courts in modern armed conflicts’, in Harvey, Caroline, Summers, James and White, Nigel D. (eds), Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe, Cambridge University Press, 2014, pp. 313–336.CrossRefGoogle 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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