How are prisoners of war tried under the Third Geneva Convention of 1949?

Under the Third Geneva Convention of 1949, prisoners of war must be tried by a military court, unless the laws of the detaining power expressly permit members of its own armed forces to be tried by a civil court for the same offenses. Prisoners of war cannot be sentenced to penalties more severe than those that could be inflicted on members of the detaining power’s own forces for the same act.1

When a prisoner of war is to be tried for an offense, the detaining power must inform the protecting power—a neutral state or the International Committee of the Red Cross—to ensure, for example, that the accused can be provided with legal counsel. If a death penalty is imposed, it cannot be executed for at least six months following the judgment and notification of the protecting power. Importantly, a prisoner of war may be tried for offenses committed prior to their capture, such as war crimes, but they retain their status as a prisoner of war even if convicted.2