12 Detention in Armed Conflict

Subject(s):

Detention — Armed conflict — Customary international law

This chapter highlights deprivation of liberty or detention, which is a regular occurrence in armed conflict. Along with the conduct of hostilities, it is one of the ways in which a belligerent attempts to weaken and ultimately defeat an adversary. Detention is regulated by a large number of provisions of international humanitarian law (IHL), the underlying and overarching purpose of which is to ensure the humane treatment of persons deprived of liberty. Apart from the relevant IHL treaty provisions, rules on various aspects of detention in armed conflict are also found in customary IHL, domestic law, and human rights law. The chapter then addresses some issues which concern the topic of detention: treatment and conditions of detention, procedural safeguards in internment, fair trial rights, and the transfer of detainees.