In nearly all civilian jurisdictions, summary execution is illegal, as it violates the right of the accused to a fair trial. Summary executions have been practiced by police, military, and paramilitary organizations and are frequently associated with guerrilla warfare, counter-insurgency, terrorism, and any other situation which involves a breakdown of the normal procedures for handling accused prisoners, civilian or military. Under international law, refusal to accept lawful surrender in combat and instead killing the person surrendering is also categorized as a summary execution (as well as murder). Executions as the result of summary justice (such as a drumhead court-martial) are sometimes included, but the term generally refers to capture, accusation, and execution all conducted within a very short period of time, and without any trial. Execution immediately after being accused of a crime, without trial Nguyễn Ngọc Loan summarily executes Viet Cong Captain Nguyễn Văn Lém in Saigon during the Tet Offensive in 1968.Ī summary execution is an execution in which a person is accused of a crime and immediately killed without the benefit of a full and fair trial.
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