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Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War. ICRC, 1956

Trial and judicial safeguards

Art. 19. All States or Parties concerned are under the obligation to search for and bring to trial any person having committed, or ordered to be committed, an infringement of the present rules, unless they prefer to hand the person over for trial to another State or Party concerned with the case.

The accused persons shall be tried only by regular civil or military courts; they shall, in all circumstances, benefit by safeguards of proper trial and defence at least equal to those provided under Articles 105

and those following of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.

(1) Articles 18

and 19

dealing with the procedure for supervision and sanctions, are merely given as a rough guide and in outline; they will naturally have to be elaborated and supplemented at a later stage. ' (Note in the original). '

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