ICRC databases on international humanitarian law
Photo
of
Previous photo
Next photo
CLOSE
x
ICRC
Skip navigation
Home
|
What's new
|
Contacts
Language
Select one
Francais
Search
International Committee of the Red Cross
Treaties and States parties to such Treaties
Who we are
Who we are - International Committee of the Red Cross
Mandate and mission
Structure
Finances
Working for the ICRC
The Movement
History
Funds and medals
Contacts
What we do
What we do - ICRC activities on behalf of people affected by war
Visiting detainees
Protecting civilians
Reuniting families
Ensuring economic security
Water and habitat
Health
Cooperation with National Societies
Building respect for IHL
Safeguarding health care
Other activities
Where we work
Where we work - the ICRC worldwide
Africa
Americas
Asia & Pacific
Europe & Central Asia
Middle East
War & Law
War & Law - the legal basis for our action
Treaties and customary law
Contemporary challenges for IHL
Protected persons
Conduct of hostilities
Weapons
Emblem
IHL in domestic law
International criminal jurisdiction
IHL and other legal regimes
Resource centre
Resource centre - Search
Publications and films
Photos
Maps
International review
Annual report
IHL databases
Library and research services
ICRC Archives
Events
Other sites
Gift shop
Video newsroom
Search
Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Commentary -
Art. 69. Part III : Status and treatment of protected persons #Section III : Occupied territories
ARTICLE 69
. -- PENAL LEGISLATION: VI. DEDUCTION FROM
SENTENCE OF PERIOD SPENT UNDER ARREST
This provision, which supplements the preceding Article
, did not appear in the Stockholm Draft; it was introduced by the Diplomatic Conference. It gives expression in terms of the law of occupation to a rule which is generally recognized in penal codes. It is of particular significance in occupied territory where the preliminary investigation in penal proceedings must often be carried out under difficult circumstances, which may involve delays and consequently extend the period spent under arrest.
The phrase "under arrest awaiting trial or punishment" must be taken to mean confinement before the preliminary investigation is concluded as well as confinement after its conclusion, before sentence is pronounced.
The words "in all cases" at the beginning of the Article show clearly that the Diplomatic Conference intended the deduction from the sentence of periods spent under arrest to be an absolute and binding rule, admitting of no exception, whatever the behaviour of the protected person under arrest may have been. If the prison sentence awarded is less than the period spent under arrest, the person sentenced must be released immediately. If the accused person is only fined, the judge, in imposing the fine, will be able to take due account of the period spent under arrest.
Certain countries where the option of deducting the period spent under arrest does not exist will have to adapt the law of their country [p.348] to meet this point. This has already been done by Switzerland, which has included in its federal law on penal procedure a general reservation covering all provisions of the Geneva Conventions which did not conform to that law (Article 214).