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occupied might repeal the death penalty to encourage subversive activities against an OccupyingPower. 222The death penalty may not be pronounced against a protected person unless the attentionof the court has been particularly called to the fact that since the accused is not a national of theOccupying Power, he or she is not bound to it by any duty of allegiance. 223In any case, the death penalty may not be pronounced against a protected person who wasunder eighteen years of age at the time of the offense. 224In practice, if an occupation is undertaken with coalition partners, the death penalty maybe suspended in order to address requests of these States. 22511.11.6 Deduction From Sentences of Period Under Arrest. In all cases, the duration ofthe period during which a protected person accused of an offense is under arrest awaiting trial orpunishment shall be deducted from any period of imprisonment awarded. 22611.11.7 Limitation on Criminal Jurisdiction With Respect to Pre-Occupation Acts. TheGC provides for certain limitations on the criminal jurisdiction of the Occupying Power withrespect to the pre-occupation acts of protected persons and of nationals of the Occupying Power,who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State.11.11.7.1 Pre-Occupation Acts of Protected Persons. Protected persons shall notbe arrested, prosecuted, or convicted by the Occupying Power for acts committed or opinions222 SENATE EXECUTIVE REPORT 84-9, Geneva Conventions for the Protection of War Victims: Report of theCommittee on Foreign Relations on Executives D, E, F, and G, 82nd Congress, First Session, 23 (Jun. 27, 1955)(“Adoption of this limitation upon the death penalty was due to the efforts of a number of countries, some of whichhad experienced whole-sale imposition of this extreme measure under military occupation, and others of which haveabolished the death penalty in their legal systems. Our own Government, while willing to agree not to impose itexcept in the three categories of cases listed in article 68, was unable to accept the proviso further limiting its use.Along with the United Kingdom, we took the position that an occupying power would be unable to protect its ownforces adequately against the activities of illegal combatants unless it retained the power to take drastic legal actionto meet the situation. From a practical standpoint, moreover, the limitation in article 68 would permit an enemy onthe point of being dislodged from the national territory to repeal a death penalty law previously applicable, thusopening the way to all kinds of subversive activities against the occupant which would not be punishable bydeath.”).223 GC art. 68 (“The death penalty may not be pronounced against a protected person unless the attention of the courthas been particularly called to the fact that since the accused is not a national of the Occupying Power, he is notbound to it by any duty of allegiance.”). Compare § 9.28.6 (Death Sentences); § 10.29.5 (Death Sentences).224 GC art. 68 (“In any case, the death penalty may not be pronounced against a protected person who was undereighteen years of age at the time of the offense.”).225 For example, Coalition Provision Authority Order No. 7, Penal Code, §3(1) (Jun. 10, 2003) (“Capitalpunishment is suspended. In each case where the death penalty is the only available penalty prescribed for anoffense, the court may substitute the lesser penalty of life imprisonment, or such other lesser penalty as provided forin the Penal Code.”).226 GC art. 69 (“In all cases, the duration of the period during which a protected person accused of an offence isunder arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded.”).775

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