The Gun Counter

Warning: Possible spoiler warning for ’Republic of Texas Navy’ book 3.

I have a question about the Geneva / Hague conventions in regard to crimes against civilians committed by escaping POWs. Would those be tried in the captor nations’ civil courts or by military courts martial?

If it is by court martial, would the laws / regulations of the captor nation’s armed forces apply or those of the accused soldier’s armed forces?

Geneva Conventions Article 82:

A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power;

Article 84:

A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.

Article 93:

In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only

.

Source: https://www.ohchr.org/en/instruments-me ... soners-war

So, IOW, if, for example, the laws of Germany allowed the trial of a German Soldier in a civilian court for the alleged offense, then a Texan POW could be tried in a civilian court. Otherwise it would be a military court.

randy wrote: ↑Tue Nov 28, 2023 2:27 am So, IOW, if, for example, the laws of Germany allowed the trial of a German Soldier in a civilian court for the alleged offense, then a Texan POW could be tried in a civilian court. Otherwise it would be a military court.

Thank you very much, Randy. So it sounds like what I have plotted out would be OK.