Practice Relating to Rule 100. Fair Trial Guarantees
Argentina’s Law of War Manual (1969) provides that protected persons arrested on suspicion of performing acts prejudicial to the occupying power cannot be “deprived … of a fair and regular trial”.
The manual further states that a “competent tribunal of the Occupying Power cannot impose any sentence without having proceeded to a regular trial”.
With respect to non-international armed conflicts, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions.
Argentina’s Law of War Manual (1989) states that “depriving [a protected person] of his right to a regular and impartial trial” is a grave breach of the 1949 Geneva Conventions.
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states:
Article 27 (Minimum procedural guarantees. Guarantees in judicial or administrative proceedings)
In any judicial or administrative proceedings affecting children and adolescents, the governmental bodies shall guarantee [that children and adolescents enjoy] … all those rights provided for in the National Constitution [of Argentina], in the Convention on the Rights of the Child, in international treaties ratified by the Argentine Nation and any laws promulgated in consequence of such treaties.