''Part III—Legal proceedings in respect of protected
persons,13 Appeals by protected prisoners of war and internees''
(1) Where a protected prisoner of war or a protected internee has been
sentenced by a court to imprisonment for a term of 2 years or more,
any time allowed in relation to the institution of an appeal against
the conviction or sentence shall be deemed to continue to run until
the day on which the convicted person receives a notice given:
(a) in the case of a protected prisoner of war—by an officer in
the Defence Force; or
(b) in the case of a protected internee—by or on behalf of the
governor or other person in charge of the prison or place in
which he or she is confined;
that the protecting power has been notified of his or her conviction
and sentence, and for such further time as would have been within
the time allowed if the conviction or sentence had taken place or
been pronounced on that day.
(2) Where, after an appeal against the conviction or sentence by a
court of a protected prisoner of war or a protected internee has
been determined, the sentence remains or has become a sentence of
imprisonment for a term of 2 years or more, any time allowed in
relation to a further appeal in respect of the conviction or sentence
as confirmed or varied upon the previous appeal shall be deemed to
continue to run until the day on which the convicted person
receives a notice given by a person referred to in paragraph (1)(a)
or (b), as the case may require, that the protecting power has been
notified of the decision of the court upon the previous appeal, and
for such further time as would have been within the time allowed if
that decision had been pronounced on that day.
(3) Where subsection (1) applies in relation to a convicted person,
then, unless the court otherwise orders, an order of the court
relating to the restitution of property or the payment of
compensation to an aggrieved person shall not take effect, and a
provision of a law relating to the revesting of property on
conviction shall not take effect in relation to the conviction, while
an appeal by the convicted person against his or her conviction or
sentence is possible without an extension of time other than the
extension provided by subsection (2).
(5) Subsections (1), (2) and (3) do not apply in relation to an appeal
against a conviction or sentence, or against the decision of a court
upon a previous appeal, if, at the time of the conviction or
sentence, or of the decision of the court upon the previous appeal,
as the case may be, there is no protecting power.
''Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949
CHAPTER III.—PENAL AND DISCIPLINARY SANCTIONS III. Judicial Proceedings, ARTICLE 106''
Every prisoner of war shall have, in the same manner as the members of
the armed forces of the Detaining Power, the right of appeal or petition from
any sentence pronounced upon him, with a view to the quashing or revising of
the sentence or the reopening of the trial. He shall be fully informed of his right
to appeal or petition and of the time limit within which he may do so.
''Schedule 4—Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, SECTION III.—OCCUPIED TERRITORIES, ARTICLE 73''
A convicted person shall have the right of appeal provided for by the laws
applied by the court. He shall be fully informed of his right to appeal or petition
and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it
is applicable, to appeals. Where the laws applied by the Court make no
provision for appeals, the convicted person shall have the right to petition
against the finding and sentence to the competent authority of the Occupying
Power.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.