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Geneva Conventions: POW rights
12/02/2004 07:41 - (SA)
The 1949 Geneva Conventions on the conduct of war, endorsed by 191 nations, including the United States, spell out legal and other rights of Prisoners of War, which the International Red Cross say apply to Saddam Hussein.
Here are key excerpts on trials of POWs. The United States is the Detaining Power in the case of Saddam Hussein. Article 12 would apply if the United States were to turn him over to Iraq for trial after sovereignty is restored to the country and it accepts the Geneva Conventions.
General Protection Of Prisoners Of War
Article 12. Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention.
Article 84. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality.
Article 99. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel.
Article 101. If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months.
Article 102. A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power.
Article 103. Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible.
Article 106. Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him.
- AP
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