Detention In Non International Armed Conflict

This is particularly due to the fact that most of current armed conflicts are of a non. The gaps in IHL on detention in non-international armed conflict NIAC As part of its overall project on Strengthening legal protection for victims of armed conflict the ICRC is currently undertaking consultation and research to identify options for strengthening IHL protection for persons deprived of their liberty in relation to NIAC.

Handbook On War And Public Health Chapter 9 Protecting The Victims Of Armed Conflicts Ii Specific Points Of International Humanitarian Law Useful For Health Care Personnel 1 The Geneva Conventions And Their

Detainees cannot exercise many of their freedoms including that of leaving the place of detention at will.

Detention in non international armed conflict. International law has long differentiated between international and non-international armed conflicts traditionally regulating the former far more comprehensively than the latter. Serdar Mohammed and the Limits of Human Rights Convergence Sean Aughey and Aurel Sari 91 INTL L. In situations of international or non-international armed conflicts the Geneva Conventions give the International Committee of the Red Cross ICRC the right to have access to all detention sites where protected persons are being held and the right to meet with them.

This is particularly stark in the case of detention where the law of non-international armed conflict contains no rules on who may be detained what processes must be provided to review their detention and when they must be released. However treaty law on detention is much more limited when it comes to non-international armed conflict NIAC than international armed conflict IAC. May 24 2016 International law has long differentiated between international and non-international armed conflicts traditionally regulating the former far more comprehensively than the latter.

Suggested Citation Aughey Sean and Sari Aurel Targeting and Detention in Non-International Armed Conflict. Dec 05 2020 Detention in Non-International Armed Conflicts. This book explores the degree to which international law regulates the procedural aspects of security detention or internment in non-international armed conflict.

It is concerned with the rules governing the grounds on which individuals may be detained the review procedures that must be provided to detainees and when detainees must be released. This is particularly stark in the case of detention where the law of non-international armed conflict contains no rules on who may be detained what processes must be provided to review their detention and when they must be released. During the various consultations and meetings we have organized States have largely confirmed the ICRCs concern that IHL protecting detainees in NIAC needs.

Feb 03 2015 Keywords. Author Fekade Alemayhu Abebe. However debate exists as to whether these treaty provisions establish an implicit legal basis for detention.

Serdar Mohammed and the Limits of Human Rights Convergence February 3 2015. In comparison to international armed conflict IAC the treaty. Sep 10 2018 NIACs are the vast majority of todays armed conflicts and pose important humanitarian challenges yet as mentioned most IHL rules govern international no non-international armed conflicts.

Detention refers to the deprivation of liberty caused by the act of confining a person in a narrowly bounded place under the control or with the consent of a State or in non-international armed conflicts a non-State actor. Jun 27 2020 International law has long differentiated between international and non-international armed conflicts traditionally regulating the former far more comprehensively than the latter. Not every situation of armed violence within a state amounts to a non-international armed conflict.

He question of detention in non-international armed conflicts NIACs has made it to the forefront of the internationallcgal and operational debate. Overview of the scholarly debate in the context of the conflict in Northern Ethiopia. As long as states provide for internment in armed conflict under their domestic law in a manner that is non-arbitrary such detention would not a priori be prohibited by the ICCPR.

Published by the Stockton Center for the Study of International Law February 2015 Targeting and Detention in Non-International Armed Conflict. International humanitarian law establishes explicit safeguards applicable to detention occurring in non-international armed conflict. 3 common to the Geneva Conventions prohibits the passing of sentences and executions in violation of judicial guarantees which are recognized as indispensable and more specifically sentencing or executions without previous judgement pronounced by a regularly constituted court.

This is particularly stark in the case of detention where the law of non-international armed conflict contains no rules on who may be detained what processes must be provided to review their. Under IHL a conflict can either be an international armed conflictIAC where it involves use of force by two or more high contracting parties to the conflict or it can be a non. International character and that they lead to important numbers of persons being deprived of their liberty.

When a situation of violence is merely a situation of internal strife or civil disturbance such a situation does not reach the threshold of non-international armed conflict and international humanitarian law does not apply. International humanitarian law applicable to non-international armed conflicts Art. Law of armed conflict international human rights law detention targeting ECHR Suggested Citation.

Detention is a common and expected occurrence in armed conflicts. 60 2015 Volume 91 2015.

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