Related Rule
Burundi
Practice Relating to Rule 37. Open Towns and Non-Defended Localities
Burundi’s Regulations on International Humanitarian Law (2007) states that “attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended” constitutes a “grave breach” of IHL.
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, pp. 25–26.
The Regulations also states that “an attack against non-defended localities” constitutes a violation of the law of war.
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. 46; see also Part I bis, pp. 68 and 115.
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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e) attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives.
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(B)(e).
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:
…
5°. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives.
Burundi, Penal Code, 2009, Article 198(2)(5°).
