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Chapter 37 - Persons Deprived of Their Liberty (Rules 118–128)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Note: This chapter addresses the treatment of persons deprived of their liberty for reasons related to armed conflict, whether international or non-international. With regard to international armed conflicts, this term includes combatants who have fallen into the hands of the adverse party, civilian internees and security detainees. With regard to non-international armed conflicts, it includes persons who have taken a direct part in hostilities and who have fallen into the power of the adverse party, as well as those detained on criminal charges or for security reasons, provided that a link exists between the situation of armed conflict and the deprivation of liberty. The term “detainees” as used in this chapter covers all persons thus deprived of their liberty.

Rule 118. Persons deprived of their liberty must be provided with adequate food, water, clothing, shelter and medical attention.

Practice

Volume II, Chapter 37, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International armed conflicts

The rule according to which prisoners of war must be provided with adequate food and clothing is a long-standing rule of customary international law already recognised in the Lieber Code, the Brussels Declaration and the Oxford Manual. It was codified in the Hague Regulations and is now dealt with in detail by the Third Geneva Convention. Under the Fourth Geneva Convention, this rule is also applicable to civilians deprived of their liberty in connection with an international armed conflict.

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Publisher: Cambridge University Press
Print publication year: 2005

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