Practice Relating to Rule 100. Fair Trial Guarantees
Sweden’s Military Manual (1976) provides that in occupied territories, prisoners of war or civilians shall be granted all fundamental judicial guarantees.
Sweden’s IHL Manual (1991) considers that the principle of the right to have a sentence pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure as contained in Article 75 of the 1977 Additional Protocol I is part of customary international law.
The manual further states that “wilfully depriving [a protected person] of the rights of a fair and regular trial” is a grave breach of the 1949 Geneva Conventions.