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The Law of War

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Protection <strong>of</strong> victims <strong>of</strong> non-international armed conflicts<br />

<strong>The</strong> Protocol prescribes that men and women must be separated, except when they are members <strong>of</strong> the<br />

same family; that they must be allowed to send and receive letters; that places <strong>of</strong> internment and detention<br />

must not be located near the combat zone and that the physical or mental health and integrity <strong>of</strong> the<br />

internees or detainees must not be endangered by any unjustified act or omission.<br />

c) Penal prosecutions<br />

Sentences may only be pronounced by a court <strong>of</strong>fering the essential guarantees <strong>of</strong> independence and<br />

impartiality: the accused to be informed without delay <strong>of</strong> the particulars <strong>of</strong> the <strong>of</strong>fence alleged against him,<br />

exclusion <strong>of</strong> collective responsibility and <strong>of</strong> conviction for an act or omission which did not constitute an<br />

<strong>of</strong>fence at the time it was committed, presumption <strong>of</strong> innocence, judgement passed in the presence <strong>of</strong> the<br />

accused, no coercion to obtain confessions, information <strong>of</strong> the right <strong>of</strong> appeal. <strong>The</strong> death penalty must not<br />

be pronounced on those who were under eighteen at the time <strong>of</strong> the <strong>of</strong>fence nor on pregnant women or<br />

mothers <strong>of</strong> dependent infants.[P. II, 6]<br />

d) Non-discrimination<br />

All these guarantees must be applied without any adverse distinction founded on any grounds whatever;<br />

they continue to be applicable until the end <strong>of</strong> the deprivation or restriction <strong>of</strong> liberty.[P. II, 2]<br />

31-12-1988<br />

Page 4 <strong>of</strong> 4

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