DEATH PENALTY
WHEN LIFE GENERATES DEATH (LEGALLY)
CONVENTIONS OF GENEVA
The Conventions of Geneva of 1949 regard, for the war time, the treatment of the prisoners and the defense of the civilians. The articles below are from the 3rd Convention.
Art. 100:
The war prisoners and the tutelar parts must be informed, as soon as possible, about the crimes liable to death penalty attending the laws of the powerful part.Art. 101:
After that, no other crimes must become liable to death penalty, if it hasn't been fixed with the authority which has in power the war prisoners.
A death sentence mustn't be declared for a war prisoner if the court hasn't considered, in conformity to the 87th article, 2nd paragraph, that, because the prisoner isn't citizen of the powerful part, he isn't binded to any fidelity obligation and he is in its power for causes independent from his will.
The capital sentence for a war prisoner mustn't be executive before 6 months, from the date when the relative detailed communication is arrived to the tutelar part, such as it's provided in the 107th article. [...]Art. 107:
The virdict or the sentence, pronunced for a war prisoner, must be immediately transmitted to the tutelar power, like concise communication, which specify also if the condemned is entitled to ask for appeal, to invalidate the sentence or to obtain the reopening of the trial. A copy of the communication must also be transmitted to the part which represents the prisoner. It must also be given to the condemned, a war prisoner, in a language known by him, if the sentence wasn't pronunced in his presence. The powerful part must immediately communicate to the tutelar power the war prisoner's decision of gripping or not his right of appeal. Also, if a war prisoner is, finally, declared coulpable or if a capital sentence is emitted for him, the powerful part must provide, as soon as possible, to transmit to the tutelar power a detailed communication in these terms:These communications must be transmitted to the tutelar part, to the address given to the powerful part.
- exact tenor of the declaration of guilty of the sentence;
- concise report of the examination and of the trial with particular stress for the pleading of the accusation and of the defense;
- information about the place where the sentence will be executed.
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