Practice Relating to Rule 100. Fair Trial Guarantees
The Russian Federation’s Military Manual (1990) prohibits the punishment of war victims, namely the wounded, sick and shipwrecked, prisoners of war and civilian population, “without a previous judgment pronounced by a regularly constituted court, with all the judicial guarantees which are recognized as indispensable by civilized nations”.
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict, of persons not directly involved in combat operations … In particular, the following shall be prohibited with regard to such persons: … the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court.
With regard to internal armed conflict, the Regulations states:
Penal prosecution of persons who have committed war and other crimes during an armed conflict shall be exercised on the basis of the Russian legislation via investigation and conviction pronounced by a court offering the essential guarantees of independence and impartiality.