Howdy Johnboy;
"Article 49 of GCIV states that there is an absolute prohibition on the occupying power forceably transferring the occupied out of occupied territory."
That would apply to protected persons such as civilians, POWs, and captured enemy combatants who have been detained for various reasons but not to prisoners who have been convicted of capital crimes. It is not a crime for the occupied to resist the occupation by armed force although that is grounds for the occupying power to incarcerate those who do so for the duration of the hostilities. However, it does not entitle the occupied to resort to terrorism in their resistance. Prisoners who have been convicted of a major crime by a duly constituted court do not fall under IVth GC, Art. 49.
For example, the U.S. executed 5 German U-boat crewmen 3 mo. after VE Day not because of what they did during the war but because they murdered a fellow POW while in U.S. custody.
Convicted criminals lose their rights. |
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