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9.27.1 POW Camp Authorities Who May Order Disciplinary Punishment. Apart fromjudicial authorities or superior military authorities, only the camp commander, the officer actingin the commander’s place, or an officer to whom the commander has delegated his or herdisciplinary powers, may order disciplinary punishment. 641 A camp commander’s power toorder disciplinary punishment of POWs may not be delegated to POWs. 6429.27.2 Confinement of POWs Pending Disposal of Offense. A POW accused of anoffense against discipline shall not be kept in confinement pending his or her hearing (e.g.,during the investigation of the accusation), unless (1) a member of the armed forces of theDetaining Power would be so confined if he or she were accused of a similar offense, or (2) ifconfinement is otherwise essential in the interests of camp order and discipline. 643Any period spent in confinement awaiting disposal of an offense against discipline shallbe reduced to the absolute minimum and shall not exceed fourteen days. 644The provisions of Articles 97 and 98 of the GPW shall apply to a POW’s confinementwhile awaiting the disposal of offenses against discipline. 645 Thus, the conditions of anyconfinement before the hearing should be at least as good as that afforded POWs who areconfined as part of disciplinary punishment. 6469.27.3 Rights of POWs in Disciplinary Proceedings. Before any disciplinary award ispronounced, the accused shall be given (1) precise information regarding the offenses of whichhe or she is accused; (2) an opportunity to explain his or her conduct; and (3) an opportunity todefend himself or herself. 647 He or she shall be permitted, in particular, to call witnesses and tohave recourse, if necessary, to the services of a qualified interpreter. 648641 GPW art. 96 (“Without prejudice to the competence of courts and superior military authorities, disciplinarypunishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or bya responsible officer who replaces him or to whom he has delegated his disciplinary powers.”).642 GPW art. 96 (“In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner ofwar.”).643 GPW art. 95 (“A prisoner of war accused of an offence against discipline shall not be kept in confinementpending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he wereaccused of a similar offence, or if it is essential in the interests of camp order and discipline.”).644 GPW art. 95 (“Any period spent by a prisoner of war in confinement awaiting the disposal of an offence againstdiscipline shall be reduced to an absolute minimum and shall not exceed fourteen days.”).645 GPW art. 95 (“The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are inconfinement awaiting the disposal of offences against discipline.”).646 Refer to § 9.27.6 (Conditions for POWs Serving Disciplinary Punishments).647 GPW art. 96 (“Before any disciplinary award is pronounced, the accused shall be given precise informationregarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defendinghimself.”).648 GPW art. 96 (“He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to theservices of a qualified interpreter.”).599

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