Is There a Way Out of the Non-International Armed Conflict Detention Dilemma?

International Law Studies: U.S. Naval War College, Vol 91, No. 32 (2015)

29 Pages Posted: 7 Feb 2015

See all articles by Gabor Rona

Gabor Rona

Yeshiva University - Benjamin N. Cardozo School of Law; Columbia Law School; UN Mercenaries Working Group; International Justice Resource Center; International Law Association

Date Written: February 5, 2015

Abstract

International humanitarian law (IHL) does not prohibit detention without charge or trial. So-called security detention is a well-established feature of war. On this point, there is no argument. Geneva Convention treaty provisions for international armed conflicts (IACs), or wars between States, explicitly recognize such detention authority. Geneva Convention provisions for non-international armed conflicts (NIACs), or wars involving non-State armed groups, however, are silent on the matter of detention powers and therein lies a world of uncertainty. The best means of resolving that uncertainty is through the promulgation of detention authority under domestic law that conforms to applicable IHL and international human rights law.

Keywords: IHL, armed conflict, detention, human rights law, Geneva Conventions, Additional Protocols

Suggested Citation

Rona, Gabor, Is There a Way Out of the Non-International Armed Conflict Detention Dilemma? (February 5, 2015). International Law Studies: U.S. Naval War College, Vol 91, No. 32 (2015), Available at SSRN: https://ssrn.com/abstract=2560875

Gabor Rona (Contact Author)

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