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51856 results in International relations and international organisations

Page 578 of 2593

  • Article 82 - Applicable Legislation

  • from I - General Provisions
  • Compiled by International Committee of the Red Cross
  • Book:
    Commentary on the Third Geneva Convention
    Published online:
    21 August 2021
    Print publication:
    09 September 2021, pp 1284-1294

  • 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.

  • Article 35 - Retained Chaplains Assisting Prisoners

  • from Chapter V - Religious, Intellectual and Physical Activities
  • Compiled by International Committee of the Red Cross
  • Book:
    Commentary on the Third Geneva Convention
    Published online:
    21 August 2021
    Print publication:
    09 September 2021, pp 872-884

  • Summary

    Article 35 deals with the prerogatives of religious personnel attachedto the armed forces who, having fallen into the hands of the enemy,remain or are retained in captivity by the enemy Power for the purposeof providing spiritual assistance to prisoners of war. Even thoughworship may be practised individually, in a range of religions thepresence of ministers may be necessary for the full exercise ofreligious duties. By requiring that retained religious personnel beallowed to attend to the religious and spiritual needs of prisoners, thearticle aims to reinforce the right of those prisoners, set forth inArticle 34, to practise their religion.

  • Article 5 - Beginning and end of application

  • from Part I - General Provisions
  • Compiled by International Committee of the Red Cross
  • Book:
    Commentary on the Third Geneva Convention
    Published online:
    21 August 2021
    Print publication:
    09 September 2021, pp 403-417

  • Summary

    Article 5 sets out the temporal scope of application of the Third Convention.It provides that the Convention applies to persons referred to in Article 4 fromthe time they fall into the power of the enemy until their final release andrepatriation. Like other articles in the Geneva Conventions, it has been draftedin broad terms to ensure protection is granted in all the circumstances in whichit may possibly be needed. The Convention applies based on the facts on theground and does not hinge on formalities regarding the beginning or end of aconflict. Alongside the articles on the non-renunciation of rights and specialagreements, Article 5 precludes a Party to a conflict from denying prisoners ofwar the protection of the Convention for as long as they are in its power.

  • Article 115 - Prisoners Serving a Sentence

  • from Section I - Direct repatriation and accommodation in neutral countries
  • Compiled by International Committee of the Red Cross
  • Book:
    Commentary on the Third Geneva Convention
    Published online:
    21 August 2021
    Print publication:
    09 September 2021, pp 1606-1611

  • Summary

    Prisoners of war may be subjected to disciplinary or judicial proceedingsand punishment in accordance with the relevant provisions of the Convention.Article 115 deals with the cases of prisoners of war who, based on theirmedical condition, are eligible or designated for repatriation oraccommodation in a neutral country during hostilities, but are undergoingsuch proceedings or punishments.

Page 578 of 2593