Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
New Zealand’s Military Manual (1992) provides that prisoners charged with offences “shall enjoy the same right of appeal as members of the Detaining Power’s own forces”.
The manual further states:
There is no absolute right of appeal against sentence. The [1949 Geneva Convention IV] Article 73 merely lays down that “the convicted person shall have the right of appeal provided for by the laws applied by the court”. If, however, the court makes no provision for appeal, the convicted person must be given the right to petition the competent authority of the Occupying Power against the finding and sentence. In either case, he must be fully informed of his right to appeal or petition and of the time limit within which he may do so.