Detention in International and Non-International Armed Conflict
- LAST MODIFIED: 30 March 2017
- DOI: 10.1093/obo/9780199796953-0149
- LAST MODIFIED: 30 March 2017
- DOI: 10.1093/obo/9780199796953-0149
International humanitarian law contains rules regulating detention during an armed conflict. They refer to the grounds for detention, the procedures governing detention, the conditions of detention, and the protections offered to those detained for security or law enforcement purposes. In an international armed conflict, detainees may be combatants who fall into the power of the adverse party or civilians of the adverse party. The former are granted prisoner-of-war status. In non-international armed conflicts, the legal regime on detention is less developed. The gaps in legal regulation became apparent after 2001 in the context of the fight against terrorism. Detention during armed conflict differs from peacetime detention, most notably, because it can be ordered by the executive as an administrative measure for reasons of security (security or administrative detention), while those suspected or convicted for a criminal offence related to the armed conflict may also be detained for law enforcement purposes (law enforcement detention). That notwithstanding, the prohibition of arbitrary detention is part of both international humanitarian and human rights law.
Many publications on international humanitarian law deal with detention and the applicable rules. Dinstein 2016 examines the rules applicable to prisoners of war and to unlawful combatants as does Crawford and Pert 2015, which also deals with detention in non-international armed conflicts. Henckaerts and Doswald-Beck 2005 focuses on the treatment of persons deprived of their liberty in an armed conflict from the customary international law perspective. Sivakumaran 2012 deals with detention in non-international armed conflict. D’Aspremont and Hemptinne 2012 provides an overview of the rules and protections applied to prisoners of war and to civilian detainees.
Crawford, Emily, and Alison Pert. International Humanitarian Law. Cambridge, UK: Cambridge University Press, 2015.
It examines the protections afforded to prisoners of war and the rules applicable to detained civilians in non-international armed conflict as well as the rules applicable to unlawful combatants.
d’Aspremont, Jean, and Jérôme de Hemptinne. Droit International Humanitaire. Paris: Editions A. Pedone, 2012.
A chapter is devoted to the protections afforded to prisoners of war and to civilian detainees in international and non-international armed conflict.
Dinstein, Yoram. The Conduct of Hostilities under the Law of International Armed Conflict. 3d ed. Cambridge, UK: Cambridge University Press, 2016.
A chapter in the book examines the rules that apply to prisoners of war and to the detention of “unlawful combatants.”
Henckaerts, Jean-Marie, and Louise Doswald-Beck, eds. Customary International Humanitarian Law. Vol. 1. Cambridge, UK: Cambridge University Press, 2005.
This publication identifies the customary rules concerning the grounds for detention and the conditions of detention during international and non-international armed conflicts.
Sivakumaran, Sandesh. The Law of Non-international Armed Conflict. Oxford: Oxford University Press, 2012.
The book deals with detention in the section concerning the protection of civilians and those hors de combat in non-international armed conflicts.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
How to Subscribe
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here.
Purchase an Ebook Version of This Article
Ebooks of the Oxford Bibliographies Online subject articles are available in North America via a number of retailers including Amazon, vitalsource, and more. Simply search on their sites for Oxford Bibliographies Online Research Guides and your desired subject article.
If you would like to purchase an eBook article and live outside North America please email firstname.lastname@example.org to express your interest.
- African Commission on Human and Peoples' Rights and the Af...
- Agreements, Bilateral and Regional Trade
- Agreements, Multilateral Environmental
- Arctic Region
- Armed Opposition Groups
- Aut Dedere Aut Judicare
- Bandung Conference, The
- Children's Rights
- Civil Service, International
- Collective Security
- Command Responsibility
- Common Heritage of Mankind
- Complementarity Principle
- Conspiracy/Joint Criminal Enterprise
- Constitutional Law, International
- Consular Relations
- Contemporary Catholic Approaches
- Cooperation in Criminal Matters, Cross-Border
- Courts, International
- Crimes against Humanity
- Criminal Law, International
- Cultural Rights
- Cyber Warfare
- Debt, Sovereign
- Development Law, International
- Dispute Settlement
- Disputes, Peaceful Settlement of
- Drugs, International Regulation, and Criminal Liability
- Early 19th Century, 1789-1870
- Economic Law, International
- Enforcement of Human Rights
- Environmental Compliance Mechanisms
- Environmental Institutions, International
- Environmental Law, International
- European Arrest Warrant
- Extraterritorial Application of Human Rights Treaties
- Feminist Approaches to International Law
- Financial Law, International
- Foreign Investment
- Freedom of Expression
- French Revolution
- General Customary Law
- General Principles of Law
- Grotius, Hugo
- Habeas Corpus
- History of International Law, 1550-1700
- Hostilities, Direct Participation in
- Human Rights
- Human Rights and Regional Protection, Relativism and Unive...
- Human Rights, European Court of
- Human Rights, Foundations of
- Human Trafficking
- Hybrid International Criminal Tribunals
- Immunity, Sovereign
- Indigenous Peoples
- Institutional Law
- International and Non-International Armed Conflict, Detent...
- International Court of Justice
- International Criminal Court, The
- International Criminal Law, Complicity in
- International Humanitarian Law
- International Humanitarian Law, Targeting in
- International Investment Agreements, Fair and Equitable Tr...
- International Investment Arbitration
- International Investment Law, Expropriation in
- International Law, Aggression in
- International Law, Climate Change and
- International Law, Hegemony in
- International Law, Military Intervention in
- International Law, Peacekeeping in
- International Law, Proportionality in
- International Law, Reasonableness in
- International Law, Self-Determination in
- International Law, State Responsibility in
- International Law, the State in
- International Law, the Turn to History in
- International Law, Trade and Development in
- International Law, Unequal Treaties in
- International Law, Use of Force in
- International Trade and Human Rights
- Intervention, Humanitarian
- Investment Protection Treaties
- Islamic Law and Human Rights
- Jurisprudence (Judicial Law-Making)
- Jus Cogens
- Law of Treaties, The
- League of Nations, The
- Lebanon, Special Tribunal for
- Liability for International Environmental Harm
- Maritime Delimitation
- Martens Clause
- Medieval International Law
- Mens Rea, International Crimes
- Military Necessity
- Military Occupation
- Modes of Participation
- Most-Favored-Nation Clauses
- Multinational Corporations in International Law
- Nationality and Statelessness
- Natural Law
- New Approaches to International Law
- Non liquet
- Nonstate Actors
- Nuclear Proliferation
- Nuremberg Trials
- Organizations, International
- Palestine (and the Israel Question)
- Peace Treaties
- Political Science, International Law and
- Protection, Diplomatic
- Public Interest, Human Rights, and Foreign Investment
- Rational Choice Theory
- Russian Approaches to International Law
- Sanctions, International
- Soft Law
- Space Law
- Spanish School of International Law (c. 16th and 17th Cent...
- Sports Law, International
- State of Necessity
- State Succession
- Superior Orders
- Territorial Title
- Theory, Critical International Legal
- Transnational Corruption
- Treaty Interpretation
- Ukrainian Approaches
- Underwater Cultural Heritage
- Unilateral Acts
- Universal Jurisdiction
- Uti Possidetis Iuris
- Vatican and the Holy See
- Victims' Rights, International Criminal Law, and Proceedin...
- Watercourses, International
- Western Sahara