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punishable under the law in force at the time the act was committed. 211 The requirement thatproperly constituted, non-political military courts shall apply only those provisions of law thatare in accordance with general principles of law includes the rule that punishments must bebased on individual responsibility. 212These courts shall also take into consideration the fact that the accused is not a national ofthe Occupying Power. 213These courts also may, at their discretion, convert a sentence of imprisonment to one ofinternment for the same period. 21411.11.4 Limitations on Penalties for Certain, Non-Serious Offenses Solely Intended toHarm the Occupying Power. Protected persons who commit an offense that is solely intended toharm the Occupying Power, but that is not an attempt on the life or limb of members of theoccupying forces or administration, nor a grave collective danger, nor seriously damage theproperty of the occupying forces or administration, or the installations used by them, shall beliable to internment or simple imprisonment, provided the duration of such internment orimprisonment is proportionate to the offense committed. 215The minor offense must have been solely intended to harm the Occupying Power in orderto trigger these restrictions. 216 For example, offenses such as traveling without a permit orviolating exchange control regulations would not fall under this restriction, but, nonetheless, mayresult in internment or simple imprisonment.211 GC COMMENTARY 341 (“The objet [sic] of the provision is to limit the possibility of arbitrary action by theOccupying Power by ensuring that penal jurisdiction is exercised on a sound basis of universally recognized legalprinciples. The rule that penal laws cannot be retroactive, which is stated here in general terms, had already beenmentioned at the end of Article 65. Nullum crimen, nulla poena sine lege is a traditional principle of penal law.There can be no offence, and consequently no penalty, if the act in question is not referred to in a law in force at thetime it was committed and subject to punishment under that law.”). Refer to § 8.16.2.2 (No Crime or PunishmentWithout Prior Law); § 11.11.2.1 (Publication of Penal Provisions Before Coming Into Force).212 GC COMMENTARY 342 (“The ‘general principles of law’, which are not set out individually here but are referredto as a whole, include the rule concerning the personal nature of punishments, under which nobody may be punishedfor an offence committed by someone else. This rule is also laid down in Article 33 mentioned above.”). Refer to§ 8.16.2.1 (Individual Penal Responsibility and No Collective Punishment); § 10.5.3.2 (Collective Penalties andMeasures of Intimidation or Terrorism).213 GC art. 67 (“They shall take into consideration the fact that the accused is not a national of the OccupyingPower.”).214 Refer to § 11.11.4.2 (Discretion of Non-Political, Military Courts to Convert Sentences of Imprisonment toSentences of Internment).215 GC art. 68 (“Protected persons who commit an offence which is solely intended to harm the Occupying Power,but which does not constitute an attempt on the life or limb of members of the occupying forces or administration,nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or theinstallations used by them, shall be liable to internment or simple imprisonment, provided the duration of suchinternment or imprisonment is proportionate to the offence committed.”).216 GC COMMENTARY 343 (“The minor offences must have been ‘solely’ intended to harm the Occupying Power.The inclusion of the word ‘solely’ excludes acts which harm the Occupying Power indirectly.”).773

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