Skip to main content Accessibility help
×
Hostname: page-component-745bb68f8f-mzp66 Total loading time: 0 Render date: 2025-01-10T23:25:05.464Z Has data issue: false hasContentIssue false

Article 84 - Courts

from I - General Provisions

Published online by Cambridge University Press:  21 August 2021

Get access

Summary

Article 84 forms part of the general provisions of the chapter onpenal and disciplinary sanctions. It establishes the competence ofmilitary courts for the trial of prisoners of war. Consistent withthe ‘principle of assimilation’, Article 84 only permits theprosecution of prisoners of war before civilian courts if thesecourts have expressly been granted jurisdiction to try members ofthe armed forces of the Detaining Power for the same offence.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
, pp. 1300 - 1309
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Select bibliography

Dahl, Arne Willy, ‘Military Justice and Self-Interest in Accountability’, in Bergsmo, Morten and Tianying, Song (eds), Military Self-Interest in Accountability for Core International Crimes, Torkel Opsahl Academic EPublisher, Brussels, 2015, pp. 2134.Google Scholar
Doswald-Beck, Louise, Human Rights in Times of Conflict and Terrorism, Oxford University Press, 2011.CrossRefGoogle Scholar
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. 537596.Google Scholar
Hansen, Victor, ‘The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences’, Michigan State International Law Review, Vol. 21, 2013, pp. 229272.Google Scholar
Henckaerts, Jean-Marie and Doswald-Beck, Louise, Customary International Humanitarian Law, Volume I: Rules, ICRC/Cambridge University Press, 2005, https://www.icrc.org/customary-ihl/eng/docs/v1_rul.CrossRefGoogle 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. 359411.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. 371417.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. 313336.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. 10251038.Google Scholar
Turkel Commission, Israel’s Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law, The Public Commission to Examine the Maritime Incident of 31 May 2010, Second Report, February 2013.Google Scholar
Vargas, Elizabeth Santalla, ‘Military or Civilian Jurisdiction for International Crimes? An Approach from Self-Interest in Accountability of Armed Forces in International Law’, in Bergsmo, Morten and Tianying, Song (eds), Military Self-Interest in Accountability for Core International Crimes, Torkel Opsahl Academic EPublisher, Brussels, 2015, pp. 401425.Google Scholar
Weissbrodt, David S., ‘International Fair Trial Guarantees’, in Clapham, Andrew and Gaeta, Paola (eds), The Oxford Handbook of International Law in Armed Conflict, Oxford University Press, 2014, pp. 410440.CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×