Practice Relating to Rule 100. Fair Trial Guarantees
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Procedural guarantees form part of the fundamental guarantees, which means that they must be accorded to all prisoners even if their prisoner-of-war status has not been recognized.”
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual states:
B. In order to ensure that justice is observed, the courts can apply only those provisions of law … which are in accordance with general principles of law, in particular the principle that the penalty must be proportionate to the offence. They must also take into consideration the fact that the accused is not a national of the occupying power.
C. Judicial procedure must be regular.
The manual also states that Article 3 common to the 1949 Geneva Conventions prohibits “the passing of sentences … without previous judgment”.