Burundi
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Burundi’s Regulations on International Humanitarian Law (2007) states: “Persons
hors de combat and persons who do not take a direct part in hostilities are entitled to respect for their life and physical and psychological integrity.”
The Regulations also states: “It is prohibited to shoot at or wound a person who has surrendered or put down his or her arms, or who has no means of defence left.”
The Regulations also states that “an attack against a person
hors de combat” constitutes a “grave breach” of IHL.
Burundi’s Regulations on International Humanitarian Law (2007) states: “The wounded, sick and shipwrecked may not be attacked, except if they directly participate in hostilities.”
The Regulations also states: “Do not attack an adversary … who surrenders.”
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
…
B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:
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f) killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion.
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
…
2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
…
6°. Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion.
Burundi’s Regulations on International Humanitarian Law (2007) states:
If the conditions do not allow for the evacuation of prisoners of war, they must … be guarded while waiting until their evacuation is possible … [or] they must be released, while taking certain precautions for the security of [both the capturing forces] and of the prisoners of war.
The Regulations also states that “[i]t is prohibited to attack … the wounded, sick, shipwrecked, [or] prisoners of war”.