Norma relacionada
Belgium
Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
Belgium’s Law of War Manual (1983) provides that depriving a prisoner of war or other protected persons of the right to be judged by an impartial court is a grave breach of the 1949 Geneva Conventions.
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 55.
Belgium’s Penal Code (1867), as amended in 2003, provides:
In the case of an armed conflict as defined in … Article 3 common [to the (1949) Geneva Conventions], the grave breaches of [common] Article 3, … listed below, shall constitute crimes under international law and shall be punished in accordance with the provisions of the present title, when such breaches endanger, by act or omission, persons protected by these Conventions, without prejudice to criminal provisions applicable to breaches committed out of negligence:
…
4. the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording the judicial guarantees which are generally recognized as indispensable.
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 2(4).
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
In the case of an armed conflict as defined in … Article 3 common [to the (1949) Geneva Conventions], the grave breaches of [common] Article 3, … listed below, shall constitute crimes under international law and shall be punished in accordance with the provisions of the present title, when such breaches endanger, by act or omission, persons protected by these Conventions, without prejudice to criminal provisions applicable to breaches committed out of negligence:
…
4. the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording the judicial guarantees which are generally recognized as indispensable.
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 2(4).
