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entrusted to the POW Representative, who will hand over to the infirmary the perishable goodscontained in such parcels. 6749.27.7 Disciplinary Punishment and Repatriation or Accommodation in a NeutralCountry. No POW on whom a disciplinary punishment has been imposed and who is eligible forrepatriation or for accommodation in a neutral country may be kept back because he or she hasnot undergone his or her punishment. 6759.28 JUDICIAL PROCEEDINGS AND PUNISHMENTIn addition to the general principles applicable to POW punishment, the following rulesaddress judicial proceedings and punishment.9.28.1 No Trial or Sentence Without Pre-Existing Law. No POW may be tried orsentenced for an act that is not forbidden by the law of the Detaining Power or by internationallaw in force at the time that act was committed. 6769.28.2 Same Courts and Same Procedures. A POW can be validly sentenced only if thesentence has been pronounced by the same courts according to the same procedure as in the caseof members of the armed forces of the Detaining Power, and if, furthermore, the provisions ofChapter III of the GPW have been observed. 677 For example, evidence laws used in the trial of aPOW will be the same as those applicable in the trial of a member of the Detaining Power’smilitary forces.Trial.9.28.3 Notification of Proceedings, Investigation of Offenses, and Confinement Before9.28.3.1 Notification of Proceedings. In any case in which the Detaining Powerdecides to institute judicial proceedings against a POW, the Detaining Power shall notify theProtecting Power and the POW Representative as soon as possible and at least three weeksbefore the opening of the trial. 678 This period of three weeks shall run from the day on which674 GPW art. 98 (“Parcels and remittances of money however, may be withheld from them until the completion ofthe punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to theinfirmary the perishable goods contained in such parcels.”).675 GPW art. 115 (“No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible forrepatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone hispunishment.”).676 GPW art. 99 (“No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of theDetaining Power or by international law, in force at the time the said act was committed.”).677 GPW art. 102 (“A prisoner of war can be validly sentenced only if the sentence has been pronounced by the samecourts according to the same procedure as in the case of members of the armed forces of the Detaining Power, andif, furthermore, the provisions of the present Chapter have been observed.”).678 See GPW art. 104 (“In any case in which the Detaining Power has decided to institute judicial proceedingsagainst a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before theopening of the trial. … The same communication shall be made by the Detaining Power to the prisoners’representative.”).603

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