'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' in document 'Georgia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PRIVATE PART

SECTION FOURTEEN CRIME AGAINST HUMANITY

CHAPTER XLVII. CRIME AGAINST HUMANITY, PEACE, SECURITY AND INTERNATIONAL HUMANITARIAN LAW

Article 411. Deliberate Violation of the Norms of International Humanitarian Law amid Armed Conflict

2. Deliberate violation of the International Humanitarian Law amid any international or internal armed conflict, directed against the persons not participating in the hostilities or not having any means of defence as well as the wounded, ill, medical or spiritual personnel, sanitary units, sanitary vehicles, war prisoners, civilians or the foregoing violation, within the occupied territory or the zone of hostilities, directed against the civilian population, the persecuted, appertained within the zone of the hostilities, or other persons enjoying protection amid hostilities, namely:

e) depriving a war prisoner or any other person enjoying protection of the right to a fair trial;

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.