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10.26 INTERNEE ESCAPESSimilar to the rules on POW escape, 434 a number of provisions of the GC limitpunishment of internees with respect to escape. However, unlike POWs, 435 internees are notafforded any protection from punishment for successful escapes.10.26.1 Punishment for the Escape Itself. Internees who are recaptured after havingescaped, or when attempting to escape, shall be liable only to disciplinary punishment in respectof this act, even if it is a repeated offense. 43610.26.1.1 Punishment for Aiding and Abetting an Escape. Internees who aid andabet an escape, or an attempt to escape, shall be liable on this count to disciplinary punishmentonly. 43710.26.2 Offenses Committed in Connection With, or During, Escape.10.26.2.1 Escape Not an Aggravating Circumstance for Offenses CommittedDuring Escape. Escape, or attempt to escape, even if it is a repeated offense, shall not bedeemed an aggravating circumstance in cases where an internee is prosecuted for offensescommitted during his or her escape. 43810.26.2.2 Leniency in Favor of Disciplinary Punishments for Offenses Committedin Connection With Escape. The parties to the conflict shall ensure that the competentauthorities exercise leniency in deciding whether punishment inflicted for an offense shall be of adisciplinary or judicial nature, especially in respect of acts committed in connection with anescape, whether successful or not. 439 Thus, offenses that are committed in connection with anescape that are not serious should be punished in disciplinary as opposed to judicialproceedings. 440434 Refer to § 9.25 (POW Escapes).435 Refer to § 9.25.1 (No Punishment for Successful Escape).436 GC art. 120 (“Internees who are recaptured after having escaped or when attempting to escape, shall be liableonly to disciplinary punishment in respect of this act, even if it is a repeated offence.”).437 GC art. 120 (“Internees who aid and abet an escape, or attempt to escape, shall be liable on this count todisciplinary punishment only.”).438 GC art. 121 (“Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravatingcircumstance in cases where an internee is prosecuted for offences committed during his escape.”).439 GC art. 121 (“The Parties to the conflict shall ensure that the competent authorities exercise leniency in decidingwhether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of actscommitted in connection with an escape, whether successful or not.”).440 GC COMMENTARY 488 (“It must be considered that whenever connected offences are not serious, they may onlybe punished as breaches of discipline. If there is any doubt, the authorities should give the accused the benefit ofit.”).706

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