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16 - Detention in Non-International Armed Conflicts

from Part III - Practice and Application of International Humanitarian Law

Published online by Cambridge University Press:  18 October 2019

By
Emily Crawford
Edited by
Suzannah Linton ,
Tim McCormack  and
Sandesh Sivakumaran
Suzannah Linton
Affiliation:
Zhejiang Gongshang University, China
Tim McCormack
Affiliation:
University of Tasmania
Sandesh Sivakumaran
Affiliation:
University of Nottingham
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Summary

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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Asia-Pacific Perspectives on International Humanitarian Law , pp. 251 - 266
Publisher: Cambridge University Press
Print publication year: 2019

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