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International Criminal Justice Standards - Humanitarian Law

conflict article trial fair

Common Article 3 of the four Geneva Conventions for the protection of victims of armed conflict (entered into force 21 October 1950, ratified by 188 countries as of 1 November 2000) and Article 6 of Additional Protocol II (entered into force 7 December 1978, ratified by 150 countries as of 1 November 2000) contain fair trial guarantees and other provisions relevant to the administration of justice for times of noninternational armed conflict. For example, Common Article 3(d) prohibits the "passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court. . . ." Articles 96 and 99–108 of the Third Geneva Convention prescribe the rights of prisoners of war in judicial proceedings, essentially creating a fair trial standard. Articles 54, 64–74 and 117–126 of the Fourth Geneva Convention contain provisions relating to the right to fair trial in occupied territories. Article 75 of Additional Protocol I (entered into force 7 December 1978, ratified by 165 countries as of 1 November 2000) extends fair trial guarantees in an international armed conflict to all persons, including those arrested for actions relating to the conflict.

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