Practice Relating to Rule 100. Fair Trial Guarantees
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) identifies “[w]illfully denying the right of a fair regular trial to a prisoner of war or other protected person” as a grave breach of the 1949 Geneva Conventions.
The Law characterizes the “passing of sentences … without previous judgment pronounced by a regularly constituted court, affording all recognized and indispensable judicial guarantees” as a war crime in any armed conflict when “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, injury, detention or any other cause”.
With regard to trial proceedings, the Law states:
The Trial Chamber shall ensure a fair and expeditious trial conducted in accordance with this Law and the Rules of Procedure and Evidence annexed to it, with full respect for the rights of the accused and due regard for the protection of victims or their relatives, and witnesses.