Practice Relating to Rule 100. Fair Trial Guarantees
Ukraine’s IHL Manual (2004) states: “Serious violations of international humanitarian law directed against people include: … deprivation of the rights of a fair and regular trial.”
The manual further states that, in non-international armed conflicts, “the passing of sentences … without previous judgment [duly] delivered”, or threats of such actions, against the following persons are prohibited:
- persons taking no active part in the hostilities;
- members of armed forces who have laid down their arms;
- those placed hors de combat
by sickness, wounds, detention, or any other cause.