Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
New Zealand’s Military Manual (1992) provides that a prisoner of war “must be allowed to present his defence and be represented by qualified counsel or an advocate”.
With respect to occupied territory, the manual states that accused persons “have the right to be assisted by a qualified advocate or counsel of their own choice, who must be able to visit them freely and to enjoy the necessary facilities for preparing the defence”.
The manual further states:
Insofar as civilians accused of war crimes are held by a Power of which they are not nationals, they are entitled to the safeguards of proper trial and defence, which shall not be less than those provided for prisoners of war by Articles 105 to 108 [of the 1949 Geneva Convention III].
With respect to non-international armed conflicts, the manual states that, as a minimum, “the accused shall be … afforded all the necessary rights and means of defence”.