Practice Relating to Rule 100. Fair Trial Guarantees
Burundi’s Regulations on International Humanitarian Law (2007) lists the “deprivation of the rights of a fair and regular trial” as a “grave breach” of IHL.
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
A. Grave breaches of the Geneva Conventions of 8 August 1949, namely, any of the following acts aimed at persons or objects protected by the provisions of the Geneva Conventions
f) wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial.
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
1. Any of the following grave breaches of the 1949 Geneva Conventions … :
6°. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
3. In the case of an armed conflict not of an international character, serious violations of article 3 common to the four 1949 Geneva Conventions … , namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
4°. The passing of sentences … without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.