How Does the Geneva Convention Protect Accused Persons in War Times?

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In summary, the conversation discusses the Convention (IV) Relative to the Protection of Civilian Persons in Time of War, specifically Articles 71 and 72. These articles state that accused persons must be informed of the charges against them in a language they understand and have a prompt trial. The Protecting Power must be notified of any proceedings and the accused have the right to present evidence and be assisted by an advocate or counsel. The conversation relates this to the people held in Guantanimo Bay and the USA's involvement in the Convention.
  • #1
Adam
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More of that pesky "law" stuff...

Convention (IV) Relative to the Protection of Civilian Persons in Time of War, August 12, 1949

Art. 71. No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.

Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.

The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars: (a) description of the accused; (b) place of residence or detention; (c) specification of the charge or charges (with mention of the penal provisions under which it is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing.

Art. 72. Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.

Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.

Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have at any time the right to object to the interpreter and to ask for his replacement.

http://www.yale.edu/lawweb/avalon/lawofwar/geneva07.htm
Yep, you got it. The USA signed this one as well.
 
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  • #2
And this is in regards to what incident?
 
  • #3
Take a guess.
 
  • #4
No, just tell us.
 
  • #5
Consider the document in relation to the people abducted and held in Guantanimo Bay, Cuba.
 
  • #6
Oh, so that is what you were driving at.
 
  • #7
Do you have a point to make re:Gitmo or do we have to guess that too?
 

Related to How Does the Geneva Convention Protect Accused Persons in War Times?

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