Burundi
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
Section C. Attacks against civilians
Burundi’s Regulations on International Humanitarian Law (2007) states: “Civilians … must be protected: it is prohibited to attack them.”
The Regulations further states: “The civilian population and individual civilians may not be attacked. … Civilians … are not [legitimate targets].”
The Regulations also provides: “The following attacks constitute grave breaches [of IHL]: … attacks against the civilian population or civilians.”
Burundi’s Penal Code (1981) provides that a person who commits “[a]n attack whose aim it is to carry out a massacre … is punished with death.”
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
…
B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:
…
a) launching deliberate attacks against the civilian population in general or against individual civilians not taking direct part in hostilities;
…
D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
…
a) launching deliberate attacks against the civilian population in general or against individual civilians not taking direct part in hostilities.
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
…
2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
1°. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
…
5. … [S]erious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
1°. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities.