Book contents
- The Law of War
- The Law of War
- Copyright page
- Dedication
- Contents
- Preface
- Abbreviations
- Introduction
- 1 General Background
- 2 Principles
- 3 Application of the Law of War
- 4 Classes of Persons
- 5* The Conduct of Hostilities
- 6 Weapons
- 7 Wounded, Sick, Shipwrecked, Dead and the Medical Services
- 8 Detention – Overview and Baseline Rules
- 9 Prisoners of War
- 10 Civilians in the Hands of a Party to the Conflict
- 11 Military Occupation
- 12 Non-Hostile Relations between Belligerents
- 13 Naval Warfare
- 14 Air and Space Warfare
- 15 The Law of Neutrality
- 16 Cyber Operations
- 17 Non-International Armed Conflict
- 18 Implementation and Enforcement of the Law of War
- 19 Documentary Appendix – Notes on Treaties and Other Relevant Documents
- 20 Post-Publication Amendments
8 - Detention – Overview and Baseline Rules
Published online by Cambridge University Press: 17 March 2018
Book contents
- The Law of War
- The Law of War
- Copyright page
- Dedication
- Contents
- Preface
- Abbreviations
- Introduction
- 1 General Background
- 2 Principles
- 3 Application of the Law of War
- 4 Classes of Persons
- 5* The Conduct of Hostilities
- 6 Weapons
- 7 Wounded, Sick, Shipwrecked, Dead and the Medical Services
- 8 Detention – Overview and Baseline Rules
- 9 Prisoners of War
- 10 Civilians in the Hands of a Party to the Conflict
- 11 Military Occupation
- 12 Non-Hostile Relations between Belligerents
- 13 Naval Warfare
- 14 Air and Space Warfare
- 15 The Law of Neutrality
- 16 Cyber Operations
- 17 Non-International Armed Conflict
- 18 Implementation and Enforcement of the Law of War
- 19 Documentary Appendix – Notes on Treaties and Other Relevant Documents
- 20 Post-Publication Amendments
Summary
The Manual’s consideration of detention is the subject matter of Chapter 8. As the Chapter points out, detention is a topic of great contemporary legal importance and it is therefore surprising to say the least that the ambiguities and potential legal inaccuracies to which attention is drawn are to be found in the corresponding Chapter of the Manual. The requirement for the humane treatment of all detainees, the legitimacy of security measures such as the searching of detainees, interrogation of and medical care for detainees, and criminal procedures against and punishment of such persons are all the subject of discrete sections in the Manual and therefore also in the Book. The conclusion that emerges is that the Manual’s Chapter would benefit from revision and that some restructuring of the entire part of the Manual that addresses the various forms of detention should be considered.
- Type
- Chapter
- Information
- The Law of WarA Detailed Assessment of the US Department of Defense <I>Law of War Manual</I>, pp. 201 - 212Publisher: Cambridge University PressPrint publication year: 2018