'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' in document 'Portugal: Adaptation of Criminal Legislation '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
Crimes

Section II
War crimes

Article 10
War crimes against persons

1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, commits any of the following acts against a person protected by international humanitarian law:

(j) Conviction and execution of sentence without a previous fair and impartial trial;

shall be punished with a term of imprisonment of 10 to 25 years.

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.