“Rebel Courts” Book Symposium – Do Rebel Courts Need to be “Established by Law”? The Conundrum of “Regular Constitution”
Article 3 common to the 1949 Geneva Conventions (CA 3) prohibits “[T]he 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”. Unfortunately, the 1949 Conventions, including their travaux preparatoires, are silent on what is meant by …