Related Rule
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.”
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 9; see also Part I bis, pp. 33, 34, 80 and 82.
The Regulations further states: “The civilian population and individual civilians may not be attacked. … Civilians … are not [legitimate targets].”
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 15; see also Part I bis, p. 31.
The Regulations also provides: “The following attacks constitute grave breaches [of IHL]: … attacks against the civilian population or civilians.”
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 68; see also Part I bis, pp. 45 and 115.
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, Penal Code, 1981, Article 417.
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:
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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:
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a) launching deliberate attacks against the civilian population in general or against individual civilians not taking direct part in hostilities.
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(B)(a) and (D)(a).
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.
Burundi, Penal Code, 2009, Article 198(2)(1°) and 5(1°).
