Document ID: chunk:federal_register_of_legislation:C2016C01093:schedule:3:p31
Version: federal_register_of_legislation:C2016C01093
Segment Type: schedule
Provision Reference: sch 3 (pt 31/50)
Character Range: 189202–191886

laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.
Article 86
 No prisoner of war may be punished more than once for the same act or on the same charge.
Article 87
 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalities except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
 When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
 Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
 No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges.
Article 88
 Officers, non‑commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
 A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
 In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.
 Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.
II. Disciplinary Sanctions
Article 89
 The disciplinary punishments applicable to prisoners of war are the following:
         (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.
         (2) Discontinuance of privileges granted over and above the treatment provided