Detention of Civilians on Military Operations: Reasons for and Challenges to Developing a Special Law of Detention
31 Pages Posted: 18 Feb 2009
Date Written: February 18, 2009
The taking and handling of civilian detainees during contemporary military operations is increasingly subjected to political, media and judicial scrutiny. This article argues that the most effective and efficient means of ensuring greater certainty, consistency and clarity in the identification and application of appropriate and relevant norms for dealing with detainees is to formalise those norms in a 'special legal regime'. It is only through increased formalisation and systematisation of legal principles, rules and standards that the appropriate balance will be achieved in determining the rights and obligations of both the civilian population and military forces. The author concludes by suggesting a number of principles that should form the basis of some fundamental norms required for this 'special legal regime'.
Keywords: Civilian detainees, military operations, political, media and judicial scrutiny
JEL Classification: K00, K3, K32, K33, K39
Suggested Citation: Suggested Citation