Civilian internment in international armed conflict: when does it begin?

Civilian internment in international armed conflict: when does it begin?

The legal and practical issues related to the exceptional practice of internment of protected persons under the Fourth Geneva Convention are complex. One such question is when internment begins. The treaty provides guidance on grounds for internment and the procedural safeguards to be applied, as well on the requisite conditions of internment, but is silent on when this type of detention actually starts. This gap in the law, which is the focus of examination, has proven time and again to have pernicious effects on the protection of detained civilians. In this post, and as part of a series on the rules governing the grounds and procedures for the internment of protected persons, former ICRC Senior Legal Adviser Jelena Pejic suggests that a detained civilian should be deemed an internee no later than two weeks after being deprived of liberty for reasons related to an armed conflict, if not released earlier or designated a criminal suspect.

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Avsnitt(305)

The humanitarian case for universalizing the Convention on Cluster Munitions

The humanitarian case for universalizing the Convention on Cluster Munitions

Cluster munitions cause harm both at the moment of attack and long after fighting has ended. By scattering submunitions across wide areas, often with high failure rates, they expose civilians to immed...

3 Sep 23min

Before the fighting begins: IHL and the location of military objectives

Before the fighting begins: IHL and the location of military objectives

International humanitarian law (IHL) is primarily associated with the conduct of hostilities and the protection of people during armed conflict. Yet some of the decisions that determine civilian risk ...

27 Aug 11min

Civilian protection has a dependency-chain problem

Civilian protection has a dependency-chain problem

Civilian protection is often assessed by whether a person has been warned, evacuated, registered, sheltered or reached with relief. For many persons with disabilities, each measure depends on a wider ...

20 Aug 21min

The machines must not choose who dies: a humanitarian case for disarming AI

The machines must not choose who dies: a humanitarian case for disarming AI

As states race to develop autonomous weapons systems, the effort to agree binding international rules on machine decisions over life and death has reached a critical moment. In this post, Eberechukwu...

13 Aug 18min

Memorializing IHL violations in the age of AI: opportunities and risks for transitional justice

Memorializing IHL violations in the age of AI: opportunities and risks for transitional justice

Memorialization, one of the five pillars of transitional justice, plays a vital role in preserving the memory of international humanitarian law (IHL) violations and gross human rights violations, supp...

23 Juli 17min

“A number that learned how not to scream”: the case for community-led metrics on protection

“A number that learned how not to scream”: the case for community-led metrics on protection

The international humanitarian system has built a sophisticated architecture for the protection of civilians, namely political resolutions, cluster coordination mechanisms, reporting frameworks, and a...

7 Juli 15min

Amplifying Pacific voices: the region’s crucial role in advancing IHL

Amplifying Pacific voices: the region’s crucial role in advancing IHL

Pacific Island states have long demonstrated leadership in promoting peace, disarmament, and humanitarian values. From traditional customs that reflect principles contained in contemporary internation...

2 Juli 15min

The shelter that shone in the distance | Written and Performed by Mamuch Bey

The shelter that shone in the distance | Written and Performed by Mamuch Bey

For the world's more than 120 million forcibly displaced people, the idea of refuge is not an abstraction – it is a horizon, an act of imagination, and sometimes the only thing that keeps hope alive. ...

18 Juni 4min

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