The facts of this case are not congruent with the characteristics of the situations of internal war referred to by Article 3 common to the said Conventions. Concerning armed conflicts not of an international character, it is the opinion of this Court that disturbances or other situations of internal order, usually accompanied by terrorist or unlawful actions such as the one in question, do not constitute conflicts governed by what is known as the Law of Geneva, and the appellant’s argument in this case is invalid.
In this connection, it should be stated that Articles 2 and 3 common to the four Conventions establish the scope of their application to international conflicts and armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties.
The appellant claims in the writ of appeal that the ruling appealed from is contrary to the Conventions of Geneva of 1949, because the decree-law of amnesty by definition does not apply to persons accused of serious infractions of the aforementioned Conventions. In contrast to international armed conflicts, there is no “combatant privilege” … It is precisely for this reason that Article 2(2) of Protocol II extends humanitarian protection to persons who have been deprived of their liberty for reasons related to the internal conflict. These crimes are punishable under domestic law since the application of international humanitarian law in internal conflict does not imply the recognition of belligerence, nor does it change the legal status of the parties to the conflict (since the government in question is not compelled to grant the status of prisoners of war to its opponents) nor does it suspend the applicability of domestic criminal law. If they nonetheless do raise arms in such circumstances, they thereby commit crimes such as rebellion or sedition. In non-international armed conflicts, those who raise arms against a legitimate government are subject to the penal sanctions imposed by the State in question since legally they do not have the right to participate in combat or to take up arms.
Prohibition of Certain Types of LandminesĪrusha Peace and Reconciliation Agreement for Burundi, concluded between the Government of the Republic of Burundi, the National Assembly, Alliance Burundo-Africaine pour le Salut (ABASA), Alliance Nationale pour le Droit et le Développement (ANADDE), Alliance des Vaillants (AV-INTWARI), Conseil National pour la Défense de la Démocratie (CNDD), Front pour la Démocratie au Burundi (FRODEBU), Front pour la Libération Nationale (FROLINA), Parti Socialiste et Panafricaniste (INKINZO), Parti pour la Libération du Peuple Hutu (PALIPEHUTU), Parti pour le Redressement National (PARENA), Parti Indépendant des Travailleurs (PIT), Parti Libéral (PL), Parti du Peuple (PP), Parti pour la Réconciliation du Peuple (PRP), Parti Social-Démocrate (PSD), Ralliement pour la Démocratie et le Développement Economique et Social (RADDES), Rassemblement du Peuple Burundais (RPB) and Union pour le Progrès National (UPRONA), Arusha, 28 August 2000, including Protocol II on Democracy and Good Governance, Protocol II, Article 22(2)(c).Īmnesty is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on or before thirty (30) days following the publication of this Proclamation in two (2) newspapers of general circulation, in pursuit of political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection coup d’etat conspiracy and proposal to commit rebellion, insurrection or coup d’etat disloyalty of public officers or employees inciting to rebellion or insurrection sedition conspiracy to commit sedition inciting to sedition illegal assembly illegal association direct assault indirect assault resistance and disobedience to a person in authority or the agents of such person tumults and other disturbances of public order unlawful use of means of publication and unlawful utterances alarms and scandals illegal possession of firearms, ammunition or explosives, committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer and a gentlemen), and 97 (general article) of the Articles of War Provided, that the amnesty shall not cover crimes against chastity and other crimes committed for personal ends.