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Article 89 - Forms of Disciplinary Punishment

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 89 restricts disciplinary punishments applicable toprisoners of war to four types: fines, discontinuance of privileges,fatigue duties and confinement. It further prescribes that none ofthese punishments may be applied if it would be inhuman, brutal ordangerous to the health of the prisoner concerned. Despite theseessential safeguards, in armed conflicts since 1949 the ICRC hasencountered various forms of ill-treatment of prisoners of warundergoing disciplinary punishment.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1358 - 1368
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. 375–379.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, paras 728–729, at 403–404.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 (‘The punishment of prisoners of war’).Google Scholar
Maia, Catherine, Kolb, Robert and Scalia, Damien, La Protection des Prisonniers de Guerre en Droit International Humanitaire, Bruylant, Brussels, 2015.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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