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<<previous | index | next>> “Provisional Immunity”The November 2003 Pretoria Protocol between the government and the FDD provided “provisional immunity,” not otherwise defined or limited, to combatants of both sides for crimes committed during the conflict. To implement this provision the government created a joint government-FDD commission on March 23, 2004 to identify beneficiaries of immunity. In addition to government army soldiers, they included police, Gardiens de la Paix, a governmental paramilitary group, and FDD supporters currently detained in government prisons.75 The decree excludes from immunity genocide and crimes against humanity but says nothing about war crimes. There is a real danger that the Pretoria Protocol and its implementing decree will encourage government soldiers, police, Gardiens de la Paix, and FDD combatants to believe that they can continue to commit war crimes with no fear of punishment. [75] The decree is entitled “Décret du 23 mars 2004 portant modalités d’application de l’immunité provisoire prévue par l’accord global de cessez le feu du 16 novembre 2003”. See also Human Rights Watch, “Everyday Victims: Civilians in the war in Burundi”, December 2003.
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