Practice Relating to Rule 37. Open Towns and Non-Defended Localities
Section C. Attacks on open towns and non-defended localities
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
A war crime is one of the following acts, committed during armed conflicts against persons or property protected under the Geneva Conventions of 12 August 1949 and its Additional Protocols I and II of 8 June 1977:
11° making duly agreed non-defended localities or demilitarized zones the object of attack, by whatever means;
Shall be punished by one of the following penalties any person having committed one of the war crimes provided for in Article 8 of this law:
1° the death penalty or life imprisonment where he has committed a crime provided for in point 1°, 2°, 3°, 9°, 11° or 16° of Article 8 of this law.
The Report on the Practice of Rwanda notes that no practice could be found concerning undefended areas. However, referring to an interview held with the President of the Military Tribunal, it also states that such zones would be protected according to the modalities of the agreement concluded between the belligerents.