Practice Relating to Rule 89. Violence to Life
The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides that “[i]t is forbidden for members of the armed forces” to “kill the enemy who has been captured as PoW [prisoner of war]” and to “violate the life and physical integrity of sick, wounded as well as citizens by means of murder”.
In its judgment in Prefecture of Voiotia case in 1997, Greece’s Court of First Instance of Leivadia stated:
[T]he occupant is obliged to respect, during the administration of the occupied land, the legislation of the latter (article 43 of the fourth Hague Convention 1907) as well as international law, including the provisions of the Regulation of Laws and Customs of War on Land, annexed to the fourth Hague Convention (19th October 1907) … especially the provision of article 46, according to which “… the lives of persons … must be respected”. This rule is generally accepted as constituting peremptory international customary law (jus cogens).