CHAPTER 4
LEGAL PROCEEDINGS

Protected prisoners of war in custody

12. (1) The court before which a protected prisoner of war is brought for trial for any offence—

(a) may remand that protected prisoner into the custody of the South African 20 National Defence Force ;
(b) must remand that protected prisoner into the custody of the South African National Defence Force if that protected prisoner is in custody for a period of longer than three months ; or
(c) must order the protected prisoner to remain in custody of the South African 25 National Defence Force if the prisoner is acquitted in order to ensure that such prisoner does not forfeit his or her rights in terms of the Third Convention, the Fourth Convention or Protocol I.

(2) A protected prisoner of war who is in the custody of the South African National Defence Force must be granted the protection of the Third Convention or the Fourth 30 Convention, as the case may be.