10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

or who have been released from internment or assigned residence. 153 The decisions of the courtsor boards mentioned in the first paragraph of Article 43 of the GC shall also, subject to the sameconditions, be notified as rapidly as possible to the Protecting Power. 15410.9.3 Procedure for Internment or Assigned Residence in Occupied Territory. Therequirements in the GC for the procedure for assigned residence or internment of protectedpersons in occupied territory are not as elaborate as those applicable in a belligerent’s hometerritory because of concerns that it would not be practicable to implement the requirementsapplicable in a belligerent’s home territory in view of the disorder that might prevail in occupiedterritory. 15510.9.3.1 Internment or Assigned Residence for Imperative Reasons of Security. Ifthe Occupying Power considers it necessary, for imperative reasons of security, to take safetymeasures concerning protected persons, it may, at the most, subject them to assigned residenceor to internment. 156Decisions regarding such assigned residence or internment shall be made according to aregular procedure to be prescribed by the Occupying Power in accordance with the provisions ofthe GC. 157 This procedure shall include the right of appeal for the parties concerned. 158 Appealsshall be decided with the least possible delay. 159 In the event of the decision being upheld, itshall be subject to periodic review, if possible every six months, by a competent body set up bythe Occupying Power. 160 “Competent bodies” to review the internment or assigned residence ofprotected persons may be created with advisory functions only, leaving the final decision to ahigh official of the Government. 161153 GC art. 43 (“Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible,give the Protecting Power the names of any protected persons who have been interned or subjected to assignedresidence, or who have been released from internment or assigned residence.”).154 GC art. 43 (“The decisions of the courts or boards mentioned in the first paragraph of the present Article shallalso, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.”).155 See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 773 (“[T]he Drafting Committeehad felt that in view of the disorder which might prevail in occupied territory, it would not be practicable to laydown an elaborate procedure for internement, similar to that provided for the territory of a Party to the conflict.They had felt that it would be wiser to content themselves with making the Occupying Power responsible forestablishing a regular and systematic procedure to suit the circumstances. The Occupying Power would then haveno excuse for making arbitrary decisions regarding internment.”).156 GC art. 78 (“If the Occupying Power considers it necessary, for imperative reasons of security, to take safetymeasures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.”).157 GC art. 78 (“Decisions regarding such assigned residence or internment shall be made according to a regularprocedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention.”).158 GC art. 78 (“This procedure shall include the right of appeal for the parties concerned.”).159 GC art. 78 (“Appeals shall be decided with the least possible delay.”).160 GC art. 78 (“In the event of the decision being upheld, it shall be subject to periodical review, if possible everysix months, by a competent body set up by the said Power.”).161 1956 FM 27-10 (Change No. 1 1976) 433b (“‘Competent bodies’ to review the internment or assigned residenceof protected persons may be created with advisory functions only, leaving the final decision to a high official of the669

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!