11.11.3 Properly Constituted, Non-Political Military Courts in Occupied Territory. In case of a breach of the penal provisions promulgated by the Occupying Power by virtue of the second paragraph of Article 64 of the GC, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that these courts sit in the occupied country. Courts of appeals shall preferably sit in the occupied country.205
These courts must be regularly constituted courts affording all the judicial guarantees that are recognized as indispensable by civilized peoples.206 These courts must also comply with requirements for judicial proceedings regarding protected persons in occupied territory.207