Prisoners
of war may not be sentenced by the military authorities and courts
of the Detaining Power to any penalties except those provided for
in respect of members of the armed forces of the said Power who
have committed the same acts.
When
fixing the penalty, the courts or authorities of the Detaining
Power shall take into consideration, to the widest extent possible,
the fact that the accused, not being a national of the Detaining
Power, is not bound to it by any duty of allegiance, and that he
is in its power as the result of circumstances independent of his
own will. The said courts or authorities shall be at liberty to
reduce the penalty provided for the violation of which the prisoner
of war is accused, and shall therefore not be bound to apply the
minimum penalty prescribed.
Collective
punishment for individual acts, corporal punishments, imprisonment
in premises without daylight and, in general, any form of torture
or cruelty, are forbidden.
No prisoner
of war may be deprived of his rank by the Detaining Power, or prevented
from wearing his badges.
