Practice Relating to Rule 100. Fair Trial Guarantees
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.3. War crimes
This is by far the breach which can take the most varied forms. It relates to the grave breaches of the 1949 Geneva Conventions, namely the following acts directed against the persons or objects protected by these acts:
- wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
1 - grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
- wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
3 - in the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
- the passing of sentences … without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable;
The provisions of paragraphs 3 and 4 of the above article 139 do not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
Protected persons referred to in article 139 are in particular:
1 - civilian or military wounded, sick or shipwrecked;
2 - civilians in the power of the enemy;
3 - persons who do not take part directly or who no longer take part in hostilities;
4 - medical and religious personnel, whether civilian or military;
5 - persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.