Part III Thematic Chapters, B Protection, 7 The legality of detention in armed conflict

Subject(s):

Detention — Military assistance — Armed conflict, international — Armed conflict, non-international — Humanitarian intervention — Armed forces

The detention of persons in armed conflict requires careful consideration of technical legal issues and practical considerations. It calls for clear distinctions to be made between international versus non-international armed conflicts, as well as between combatants and civilians; and it involves a complex relationship between the application of international humanitarian law (IHL) and international human rights law. The aim of this chapter is to examine the grounds upon which persons may be detained in an armed conflict and the requirements for supervision of the lawfulness of detention in armed conflict. The chapter is restricted to the consideration of detention by states in armed conflict. The final part of the chapter looks at the question of the supervision of the lawfulness of detention.