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Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Penal legislation. III. Competent courts
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64
, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.
Commentary of 1958