Document ID: chunk:federal_register_of_legislation:C2016C01093:schedule:3:p33
Version: federal_register_of_legislation:C2016C01093
Segment Type: schedule
Provision Reference: sch 3 (pt 33/50)
Character Range: 193991–196716

shall be handed over without delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
Article 93
 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape.
 In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self‑enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.
 Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.
Article 94
 If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made.
Article 95
 A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
 Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
 The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.
Article 96
 Acts which constitute offences against discipline shall be investigated immediately.
 Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
 In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
 Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which