Related Rule
Australia
Practice Relating to Rule 100. Fair Trial Guarantees
Section D. Information on the nature and cause of the accusation
Australia’s Defence Force Manual (1994) states: “Notice of proceedings must be given to … the accused notifying the particulars of the charges in good time before the trial.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1042(c).
Australia’s LOAC Manual (2006) states: “Notice of proceedings must be given to … the accused notifying the particulars of the charges in good time before the trial.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 10.54.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In the Ohashi case before the Australian Military Court at Rabaul in 1946, the judge advocate stated that the notion of “fair trial” supposed, inter alia, that:
–the accused should know the exact nature of the charge against him/her;
–the accused should know what is alleged against him/her by way of evidence;
–he should have full opportunity to give his own version of the case and produce evidence to support it.
Australia, Military Court at Rabaul, Ohashi case, Statement by the Judge Advocate, 23 March 1946.
