In Protocol I, Article 75 ' (Fundamental guarantees) ' contains rules with the same tenor.Ĥ598 The ICRC draft originally contained two articles: ' Principles of penal law ' and ' Penal prosecutions. Article 6 reiterates the principles contained in the Third and fourth Conventions, (4) and for the rest is largely based on the International Covenant on Civil and Political Rights, (5) particularly Article 15, from which no derogation is permitted, even in the case of a public emergency threatening the life of the nation.
This very general rule required clarification to strengthen the prohibition of summary justice and of convictions without trial, which it already covers. (3) It supplements and develops common Article 3, paragraph 1, sub-paragraph (1)(d), which prohibits "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples". Article 6 lays down some principles of universal application which every responsibly organized body must, and can, respect. (2) Just like common Article 3, Protocol II leaves intact the right of the established authorities to prosecute, try and convict members of the armed forces and civilians who may have committed an offence related to the armed conflict however, such a situation often entails the suspension of constitutional guarantees, the promulgation of special laws and the creation of special jurisdictions.
Judicial guarantees play a particularly important role, since every human being is entitled to a fair and regular trial, whatever the circumstances (1) the guarantees defined in this article refer to the two stages of the procedure: preliminary investigation and trial. 4597 The whole of Part II ' (Humane treatment) ' is aimed at ensuring respect for the elementary rights of the human person in non-international armed conflicts.
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