Treaties, States Parties and Commentaries
  • Print page
Commentary of 1958 

Articles 71 (Penal procedure, general observations), 72 (Right of defence), 73 (Right of appeal), 74 (Assistance by the Protecting Power), 75 (Death sentence) and 76 (Treatment of detainees) refer to the law applicable to protected persons when they are subject to judicial proceedings in occupied territory. In the commentary on Article 117 it was seen that these Articles were supplementary to Chapter IX, on the status of internees with regard to penal and disciplinary measures, whenever internment has taken place in occupied territory. However, since the internment regulations also apply to persons interned in occupied territory and in the national territory of the Detaining Power, it was necessary, if conditions were to be equal for the two categories of internees, to make the rules contained in those Articles applicable to internees detained in the national territory of the Detaining Power. That is the reason for this provision.