Practice Relating to Rule 87. Humane Treatment
In its judgment in the Videla case
in 1994, Chile’s Appeal Court of Santiago held that common Article 3 of the 1949 Geneva Conventions obliged parties to non-international armed conflicts “to extend humanitarian treatment to persons taking no active part in the hostilities or who have placed themselves hors de combat
for various reasons”.
In its judgment in the Contreras Sepúlveda case in 2004, Chile’s Supreme Court stated:
[W]ithout any doubt, the 1949 Geneva Conventions are in force … and oblige State parties in case of armed conflict not of an international character occurring within their territory, which is exactly the situation in Chile during the period of 12 September 1973 and 11 March 1975, to treat humanely … opponents who have laid down their arms, … prohibiting in particular at any time and any place a) violence to life and person, and b) outrages upon personal dignity.