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Article 104 - Notification of Judicial Proceedings

from III - Judicial Proceedings

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

Article 104 describes a specific procedural step the DetainingPower is required to take before it may commence with the trial ofany prisoner of war. Under its terms, the Detaining Power mustsubmit a detailed notification of proceedings to the ProtectingPower, containing the particulars of the accused prisoner of war,information concerning the place of their internment or confinement,the charges against them, and the time and place set for the trial.The prisoners’ representative and the accused prisoner of war mustbe similarly notified. If these three entities do not receive thenotification at least three weeks before the opening of the trial,the trial cannot take place and must be adjourned. Article 104 istherefore a very important procedural guarantee for accusedprisoners of war.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1480 - 1489
Publisher: Cambridge University Press
Print publication year: 2021

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References

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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
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, pp. 453–457 (‘Penal and disciplinary sanctions’).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

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