5cjxburmr

9.26.4 Retention of Benefits of the GPW Even if Prosecuted for Pre-Capture Acts.POWs prosecuted under the laws of the Detaining Power for acts committed prior to captureshall retain, even if convicted, the benefits of the GPW. 628 For example, POWs prosecuted forpre-capture acts are entitled to the fair trial protections provided by the GPW. 629 POWs’ fairtrial protections could not be ensured if the mere allegation of a war crime could deny themPOW status. 6309.26.5 Repetition of Punishment. No POW may be punished more than once for thesame act, or on the same charge. 6319.26.6 Prohibited Penalties. POWs may not be sentenced by the military authorities andcourts of the Detaining Power to any penalties except those provided for in respect of membersof the armed forces of the Detaining Power who have committed the same acts. 632 Thefollowing punishments are expressly prohibited:• collective punishments for individual acts; 633• corporal punishment;• imprisonment in premises without daylight;• any form of torture or cruelty; and• deprivation of rank or of the right to wear badges. 634628 GPW art. 85 (“Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior tocapture shall retain, even if convicted, the benefits of the present Convention.”).629 Refer to § 9.28.4 (Rights of Defense and Trial Procedure).630 George Aldrich, Assistant Legal Adviser for Far Eastern Affairs, Department of State, Entitlement of AmericanMilitary Personnel Held by North Viet-Nam to Treatment as Prisoners of War Under the Geneva Convention of1949 Relative to the Treatment of Prisoners of War, Jul. 13, 1966, X WHITEMAN’S DIGEST 231, 232-33 (§7) (“Nonation has reserved the right to nullify its obligations under the Convention by a simple declaration that it regardsmembers of the armed forces of an opposing party in an international conflict as war criminals. … While a numberof Communist parties to the Convention, including North Viet Nam, have indicated, by reservations, that they willnot comply with Article 85, these reservations (1) apply only to prisoners guilty of war crimes as opposed torecognized acts of warfare and (2) apply only after a prisoner has been tried in accordance with all the judicialguarantees which the Convention provides, and only after conviction.”).631 GPW art. 86 (“No prisoner of war may be punished more than once for the same act, or on the same charge.”).632 GPW art. 87 (“Prisoners of war may not be sentenced by the military authorities and courts of the DetainingPower to any penalties except those provided for in respect of members of the armed forces of the said Power whohave committed the same acts.”).633 Refer to § 8.16.2.1 (Individual Penal Responsibility and No Collective Punishment).634 GPW art. 87 (“Collective punishment for individual acts, corporal punishment, imprisonment in premises withoutdaylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of hisrank by the Detaining Power, or prevented from wearing his badges.”).597