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Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
Art. 86. Part III : Captivity #Section VI : Relations between prisoners of war and the authorities #Chapter III : Penal and disciplinary sanctions #I. General provisions
. -- "NON BIS IN IDEM"
This is merely a repetition of Article 52, paragraph 3
, of the 1929 Convention.
It embodies a well-known legal principle and its inclusion was approved "unanimously without comment" in order to prevent any recurrence of certain abuses committed during the Second World War in penal matters (1).
* (1) [(1) p.427] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, pp. 326 and
501. During the discussion in the Sub-Committee on penal
and disciplinary sanctions, the addition of the following
paragraph was proposed:
"The punishment inflicted at the first trial shall
not be increased as the result of an appeal or a similar
This proposal was not adopted. See ' Final Record, '
Vol. II-A, p. 501; Vol. III, p. 79;