Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
. -- "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;