Practice Relating to Rule 100. Fair Trial Guarantees
Ireland’s Basic LOAC Guide (2005) states: “The following acts are specified as grave breaches under the convention for the treatment of PWs [prisoners of war] [1949 Geneva Convention III]: – … wilfully depriving a PW of the rights of fair trial”.
The manual further states that “wilful deprivation of the rights of a fair trial” is a grave breach of the 1949 Geneva Convention IV relating to the treatment of civilians.
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that grave breaches of the 1949 Geneva Conventions and of the 1977 Additional Protocol I are punishable offences.
In addition, any “minor breach” of the 1949 Geneva Conventions, including violations of common Article 3, Article 49 of the Geneva Convention I, Article 50 of the Geneva Convention II, Articles 102–108 of the Geneva Convention III and Article 5 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Articles 71(1), 75(4) and 78(2), are also punishable offences.