Règle correspondante
United Kingdom of Great Britain and Northern Ireland
Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
The UK LOAC Manual (2004) states in its chapter on the protection of civilians in the hands of a party to the conflict:
In the case of penal offences relating to the armed conflict, the basic principles of natural justice must be observed … These principles include the following: … anyone charged with an offence shall have the right to be tried in his presence.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.6.
In its discussion on the administration of criminal law in occupied territory, the manual provides that the accused “are entitled to … personal presence at the trial.”
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.58 11 .
Lastly, in its chapter on internal armed conflict, the manual states: “Indispensable judicial guarantees include as a minimum … trial in person.”
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.30.5.
