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from Part III - Practice and Application of International Humanitarian Law
Published online by Cambridge University Press: 18 October 2019
When one examines the treaty law relating to detention in non-international armed conflict (NIAC), one is first struck by its paucity. In comparison to the comprehensive laws on detention in international armed conflict (IAC), as contained in Geneva Conventions III and IV, as well as Additional Protocol I, the few provisions of Common Article 3 of the Geneva Conventions (CA3), and Articles 4, 5 and 6 of Additional Protocol II (AP II) seem notably insufficient. This imbalance in the law seems particularly noteworthy when one considers that detention in relation to non-international armed conflict is currently a far more common occurrence than detention in international armed conflict, due to the frequency of NIAC (in comparison to IAC) in the post-World War II landscape.
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