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Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.

Commentary - Art. 126. Part III : Status and treatment of protected persons #Section IV : Regulations for the treatment of internees #Chapter IX : Penal and disciplinary sanctions

ARTICLE 126

. -- PROVISIONS APPLICABLE TO JUDICIAL

PROCEEDINGS

Articles 71

(Penal procedure, general observations), 72

(Right of defence), 73

(Right of appeal), 74

(Assistance by the Protecting Power), 75

(Death sentence) and 76

(Treatment of detainees) refer to the law applicable to protected persons when they are subject to judicial proceedings in occupied territory. In the commentary on Article 117

it was seen that these Articles were supplementary to Chapter IX, on the status of internees with regard to penal and disciplinary measures, whenever internment has taken place in occupied territory. However, since the internment regulations also apply to persons interned in occupied territory and in the national territory of the Detaining Power, it was necessary, if conditions were to be equal for the two categories of internees, to make the rules contained in those Articles applicable to internees detained in the national territory of the Detaining Power. That is the reason for this provision.