2 Fundamental Guarantees

Subject(s):

Torture — Right to fair trial — Terrorism — Murder — Unlawful confinement

This chapter explores the fundamental guarantees of the 1977 Additional Protocols. It defines fundamental guarantees as the minimum standards of conduct and treatment below which no party to the salient armed conflict may lawfully fall concerning any persons coming within their power. While most provisions revolve around international humanitarian law (IHL), some correspond closely with fundamental human rights, especially those concerned with the protection of bodily integrity. The chapter recognises how the protection of the rights to life, freedom from torture and other ill-treatment, and security are predominant within the fundamental guarantees in the 1977 Additional Protocols. It also expounds on the prohibitions of murder, denial of the quarter, torture and other ill-treatment, non-discrimination, enslavement, collective punishment, and hostage taking.