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Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
Procedure. II. Confinement awiating trial (Deduction from sentence, treatment)
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. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.
The provisions of Articles 97
of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
Commentary of 1960