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.
In no
circumstances whatever shall a prisoner of war be tried by a court
of any kind which does not offer the essential guarantees of independence
and impartiality as generally recognized, and, in particular, the
procedure of which does not afford the accused the rights and means
of defence provided for in Article 105.
