Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
Sweden’s IHL Manual (1991) considers that the fundamental guarantees for persons in the power of one party to the conflict as contained in Article 75 of the 1977 Additional Protocol I are a part of customary international law.
In 2009, in answer to an interpellation in Parliament regarding detainees at the US naval base in Guantánamo Bay, Sweden’s Minister for Migration and Asylum Policy stated:
The standpoint of the Swedish Government has long been that persons deprived of their liberty at the Guantánamo Base should either be treated as prisoners of war or civilians that have been detained during an armed conflict and, in both cases, be treated in accordance with the  Geneva Conventions, and, in so far as they are guilty of any crimes, they should be held accountable by impartial courts.