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11.11.4.1 Internment or Imprisonment as the Only Measure Adopted forDepriving Protected Persons of Liberty for Such Offenses. Furthermore, internment orimprisonment shall, for such offenses, be the only measure adopted for depriving protectedpersons of liberty. 217Penalties that do not deprive the protected person of liberty, such as fines, or less severemeasures, such as arrest, are not addressed by this rule. 21811.11.4.2 Discretion of Non-Political, Military Courts to Convert Sentences ofImprisonment to Sentences of Internment. Properly constituted non-political military courts may,at their discretion, convert a sentence of imprisonment to one of internment for the sameperiod. 21911.11.5 Imposing the Death Penalty for Offenses Committed by Protected Persons inOccupied Territory. The GC provides that the penal provisions promulgated by the OccupyingPower in accordance with Articles 64 and 65 of the GC may impose the death penalty against aprotected person only in cases where the person is guilty of espionage, or serious acts ofsabotage against the military installations of the Occupying Power, or of intentional offenses thathave caused the death of one or more persons, provided that such offenses were punishable bydeath under the law of the occupied territory in force before the occupation began. 220However, the United States has reserved the right to impose the death penalty inaccordance with the provisions of Article 68, paragraph 2, of the GC without regard to whetherthe offenses referred to in that paragraph are punishable by death under the law of the occupiedterritory at the time the occupation begins. 221 The United States expressed the position that anOccupying Power would be unable to protect its own forces adequately against the activities ofillegal combatants unless it retained the authority to apply the death penalty, and the rule inArticle 68 of the GC would be subject to manipulation in that an adversary on the verge of being217 GC art. 68 (“Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted fordepriving protected persons of liberty.”).218 GC COMMENTARY 344 (“It should be noted that internment and imprisonment are only mentioned as maximumpenalties, and less severe penalties still, such as placing under arrest or fines, may be applied in the case of personsaccused of minor offences.”).219 GC art. 68 (“The courts provided for under Article 66 of the present Convention may at their discretion convert asentence of imprisonment to one of internment for the same period.”).220 GC art. 68 (“The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of seriousacts of sabotage against the military installations of the Occupying Power or of intentional offences which havecaused the death of one or more persons, provided that such offences were punishable by death under the law of theoccupied territory in force before the occupation began.”).221 United States, Statement on Ratification of the GC, Aug. 2, 1955, 213 UNTS 384 (“The United States reservesthe right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard towhether the offenses referred to therein are punishable by death under the law of the occupied territory at the timethe occupation begins.”).774