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A summary execution is a variety of execution in which a person is killed on the spot without trial. Summary executions are practiced by police, military, and paramilitary organizations and are associated with guerrilla warfare, terrorism and counterinsurgency.
According to international law, summary execution may be illegal in various circumstances, as it is the denial of the right to life without fair trial.
"Every human being has the inherent right to life. This right shall be protected by law. No man shall be deprived of his life arbitrarily."(International Covenant on Civil and Political Rights (ICCPR - 1966, Article 6.1)
"[The Death] penalty can only be carried out pursuant to a final judgement rendered by a competent court" (ICCPR (1966), Article 6.2)
"In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, every man shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by and under law. (ICCPR (1966), Article 14.1)"
Summary executions may even be illegal even during times of war, as the Second Additional Protocol of the Geneva Conventions (1977) states: "No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality." (Second Protocol of the Geneva Conventions (1977) Art 6.2)
Historically, however, (in the early 20th century and earlier) summary execution of pirates, spies and franc-tireurs [1] (combatants without uniforms) is often quite legal under international law or various conventions [2].
According to Article 4 of the Third Geneva Convention of 1949, francs-tireurs were entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly and conduct their operations in accordance with the laws and customs of war. If they do not do all three of these, they may be executed out of hand.
Summary execution is often legal, as in the case of soldiers who are wearing uniforms of the opposing army (as done by the colonial armed forces of the United States in the revolutionary war, and by the German and American and other armies' special forces in WWII). Summary execution may also be legal when used to put down riots or other disturbances during martial law. [3].
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