Practice Relating to Rule 127. Respect for Convictions and Religious Practices of Persons Deprived of Their Liberty
Note: For practice concerning respect for convictions and religious practices in general, see Rule 104. For practice concerning respect for the religious beliefs of the dead, see Rule 115, Section B.
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Hague Regulations (1899)
Article 18 of the 1899 Hague Regulations provides:
Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 18.

Hague Regulations (1907)
Article 18 of the 1907 Hague Regulations provides:
Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 18.

Geneva Convention III
Article 34 of the 1949 Geneva Convention III provides:
Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 34.

Article 35 of the 1949 Geneva Convention III provides:
Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 35.

Geneva Convention IV
Article 76, third paragraph, of the 1949 Geneva Convention IV provides that protected persons in occupied territory who are accused or convicted of offences “have the right to receive any spiritual assistance which they may require”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 76, third para.

Article 86 of the 1949 Geneva Convention IV provides: “The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.” 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 86.

Article 93, first paragraph, of the 1949 Geneva Convention IV provides:
Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 93, first para.

Additional Protocol II
Article 4(1) of the 1977 Additional Protocol II states:
All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their …convictions and religious practices. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(1). CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90,. Article 5 was adopted by consensus.

Article 5(1)(d) of the 1977 Additional Protocol II provides that persons whose liberty has been restricted “shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 5(1)(d). CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 92,.

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Standard Minimum Rules for the Treatment of Prisoners
Rule 6(2) of the 1955 Standard Minimum Rules for the Treatment of Prisoners provides: “It is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs.” 
Standard Minimum Rules for the Treatment of Prisoners, adopted by the 1st UN Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 30 August 1955, UN Doc. A/CONF/6/1, Annex I, A, adopted on 30 August 1955, approved by the UN Economic and Social Council, Res. 663 C (XXIV), 31 July 1957, extended by Res. 2076 (LXII), 13 May 1977 to persons arrested or imprisoned without charge, Rule 6(2).

Rules 41 and 42 further develop this rule by providing for the appointment of a qualified representative and the provision of services and readings in the institutions. 
Standard Minimum Rules for the Treatment of Prisoners, adopted by the 1st UN Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 30 August 1955, UN Doc. A/CONF/6/1, Annex I, A, adopted on 30 August 1955, approved by the UN Economic and Social Council, Res. 663 C (XXIV), 31 July 1957, extended by Res. 2076 (LXII), 13 May 1977 to persons arrested or imprisoned without charge, Rules 41 and 42.

European Prison Rules
Rule 2 of the 1987 European Prison Rules provides: “The religious beliefs and moral precepts of the group to which a prisoner belongs shall be respected.” 
Recommendation No. R (87) 3 of the Committee of Ministers to Member States of the Council of Europe on the European Prison Rules, adopted by the Committee of Ministers at the 404th meeting of the Ministers’ Deputies, Strasbourg, 12 February 1987, Rule 2.

Rules 46 and 47 further develop this rule by providing for the appointment of a qualified representative and the provision of services and readings in the institutions. 
Recommendation No. R (87) 3 of the Committee of Ministers to Member States of the Council of Europe on the European Prison Rules, adopted by the Committee of Ministers at the 404th meeting of the Ministers’ Deputies, Strasbourg, 12 February 1987, Rules 46 and 47.

Basic Principles for the Treatment of Prisoners
Paragraph 3 of the 1990 Basic Principles for the Treatment of Prisoners provides that it is “desirable to respect the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions so require”. 
Basic Principles for the Treatment of Prisoners, adopted by the UN General Assembly, Res. 45/111, 14 December 1990, § 3.

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Argentina
Argentina’s Law of War Manual (1969) provides that prisoners of war and internees “shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities”. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, §§ 2.030 and 4.031.

Argentina’s Law of War Manual (1989) provides: “Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith.” It adds: “Adequate premises shall be provided where religious services may be held.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 3.14.

Australia
Australia’s Defence Force Manual (1994) provides: “PWs [prisoners of war] are completely free to exercise their religious duties and must be provided with adequate premises where religious services can be held.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1030.

The manual considers the infringement of the religious rights of prisoners of war as a war crime. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1315.

Australia’s LOAC Manual (2006) states:
PW [prisoners of war] are completely free to exercise their religious duties and must be provided with adequate premises where religious services can be held. Chaplains retained by the enemy power are not PW and must be permitted to minister to PW. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 10.42.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Benin
Benin’s Military Manual (1995) provides that captured enemy combatants shall be entitled to respect for their religious beliefs. 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 5.

Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that the senior officer (general) responsible for logistics
must facilitate the religious activities to which prisoners of war are entitled under the law of war:
a) by authorizing the activities of captured enemy military religious personnel and other qualified captured persons;
b) by authorizing … religious practices in appropriate locations;
c) by providing, or at least authorizing, the acquisition of religious objects. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 103; see also Part I bis, p. 105.

Cameroon
Cameroon’s Instructor’s Manual (2006) states: “The conditions of accommodation must take into account the morals and customs of the prisoners of war.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, pp. 263–264, § 621.

The manual also states that the provision of “[s]piritual assistance is recommended”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, pp. 263–264, § 621.

Canada
Canada’s LOAC Manual (1999) provides that prisoners of war are to receive spiritual attention, if possible from chaplains attached to their own forces or of their own nationality. It adds that the detaining power must provide religious personnel with all the facilities necessary for the religious ministration of the prisoners of war. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-4, §§ 36–37.

Concerning the treatment of internees, the manual provides: “Premises for the holding of religious services must be made available.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-6, § 53.

The manual also specifies: “Internees shall enjoy complete freedom to practise their own religion.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-6, § 54.

The manual further states that persons undergoing sentences of imprisonment “have the right to receive any spiritual assistance which they may require”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 12-7, § 62(b).

With regard to non-international armed conflicts, the manual states that the persons whose liberty has been restricted “must be allowed to practise their religion and to receive spiritual assistance from those performing religious functions”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-3, § 25.

Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs):
1026. Medical and Spiritual Care
1. PWs are to receive medical and spiritual attention, if possible from doctors or chaplains attached to their own forces or of their own nationality.
2. The Detaining Power must provide retained medical and religious personnel with all the facilities necessary for the medical care and religious ministration to the PWs. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 1026.

In its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power and, more specifically, in a section entitled “Provisions common to the territories of the parties to the conflict and to occupied territories”, the manual states: “The person, honour, family rights, religious conventions and practices, and manners and customs of protected persons must in all circumstances be respected.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1118.

In the same chapter, in a section entitled “Treatment of internees”, the manual states:
5. … Premises for the holding of religious services must be made available …
6. … [Internees] shall enjoy complete freedom to practice their own religion. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1129.5–6.

In its chapter on rights and duties of occupying powers, the manual also states:
[The 1949 Geneva Convention IV] contains stringent provisions concerning the treatment of persons undergoing sentence of imprisonment. These are as follows:

b. They have the right to receive any spiritual assistance, which they may require. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1223.1.b.

In its chapter on non-international armed conflicts, the manual states that persons whose liberty has been restricted “must be allowed to practise their religions and to receive spiritual assistance from those performing religious functions”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1715.2.

Canada’s Prisoner of War Handling and Detainees Manual (2004) states:
PW [prisoners of war] are to be permitted to practice their religion or exercise their beliefs provided that this is carried out within the rules of camp discipline. A place of worship is to be provided where this is possible. Chaplains and other spiritual leaders are to be allowed to minister to PWs of the same religion or belief and where there is no minister or religious leader, a lay PW may be appointed by the Camp Commander to lead worship. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F15.2.

With regard to planning for the provision of prisoner-of-war amenities, the manual states that account must be taken of “any religious or ethnic differences that may apply”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 203.1.b(3).

With regard to the handling of retained personnel (medical personnel and chaplains), the manual states:
[They] are to be allowed to retain their medical equipment and religious accoutrements and are to be granted the necessary facilities to provide medical and spiritual care to PW. Although they are subject to the disciplinary rules for the camp in which they live, they may not be forced to carry out work other than that connected with their professional duties. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 302.7.a.

With regard to the use of dogs during the escorting and guarding of prisoners of war, the manual states:
The deployment and use of dogs is to be at the discretion of the Camp Commander bearing in mind both the threat posed by the PW and the impact of the use of dogs on some religious and cultural groupings. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 3B2-3, § B202.5.

With regard to the construction of prisoner-of-war holding facilities, the manual states that “[a] facility for the conduct of religious services and intellectual pursuits” is to be provided. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3E04.7.a(4).

With regard to the accommodation of prisoners of war, the manual states that “allowance should be made for special religious or national practices”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F07.

With regard to the dietary requirements of prisoners of war, the manual states: “There may also be religious or ethnic dietary requirements for which, whenever possible, provision should be made.” 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F11.2.

With regard to relief supplies, the manual states: “PW are allowed to receive individual parcels or collective relief shipments containing articles such as … religious, educational, cultural or recreational articles”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F14.1.

With regard to the working conditions of prisoners of war, the manual states: “PW are to be allowed a period of 24 hours rest once a week. This rest period may be taken on a Sunday or on a day of rest usual in the PW’s country of origin or dictated by his religion.” 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3G04.2.c.

Canada’s Code of Conduct After Capture Manual (2004) states: “PWs [prisoners of war] are to receive medical and spiritual attention, if possible from doctors or chaplains attached to their own forces or of their own nationality.” 
Canada, The Code of Conduct After Capture for the Canadian Forces, B-GJ-005-110/FP-010, National Defence Headquarters, 28 October 2004, § 306.1.

The manual further states: “The detaining power must provide retained medical and religious personnel with all the facilities necessary for the medical care and religious ministration to the PWs.”  
Canada, The Code of Conduct After Capture for the Canadian Forces, B-GJ-005-110/FP-010, National Defence Headquarters, 28 October 2004, § 306.2.

Colombia
Colombia’s Basic Military Manual (1995) provides that, in both international and non-international armed conflicts, all detained persons shall receive spiritual assistance. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 21.

Ecuador
Ecuador’s Naval Manual (1989) provides: “The following acts are representative war crimes: offences against prisoners of war, including … infringement of religious rights; … offences against civilian inhabitants of occupied territory including … infringement of religious rights”. 
Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 6.2.5.

Germany
Germany’s Military Manual (1992) provides: “Latitude in the exercise of religious duties of prisoners shall be ensured.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 718.

Israel
Israel’s Manual on the Laws of War (1998) provides that during their captivity, “the detaining State must allow the prisoners freedom of religion, enable them to take part in religious ceremonies and set aside a place for conducting these ceremonies”. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 53.

Israel’s Manual on the Rules of Warfare (2006) states:
The imprisoning country is required to permit prisoners of war freedom of religion as well as permitting them to participate in religious ceremonies and set aside a place of worship for them. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 33.

The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) provides: “POWs [prisoners of war] shall have complete freedom in the exercise of their religion, including receiving spiritual assistance, and the commander of the camp shall facilitate such exercise so far as military discipline permits.” 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. II, Chapter XIV, § 105.

Madagascar
Madagascar’s Military Manual (1994) provides: “Prisoners of war shall be allowed to receive spiritual assistance.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 26.

Netherlands
The Military Manual (1993) of the Netherlands provides:
Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VII-7.

With respect to non-international armed conflicts in particular, the manual states that persons whose liberty has been restricted shall be allowed to practise their religion and to receive spiritual assistance”. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. XI-5.

The Military Manual (2005) of the Netherlands refers to “respect for fundamental rights such as freedom of conscience and worship” as a “priority” in relation to prisoners of war. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0711.

The manual further states: “Account must be taken of the diet to which the prisoners of war were accustomed. Account must also be taken of restrictions due to religious rules in this regard.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0726.

In addition, the manual provides:
Worship
Prisoners of war must enjoy complete freedom in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. In any case they must obey the disciplinary rules prescribed by the authorities. Religious ministers attached to the armed forces, who fall into the hands of the enemy power and who remain, or are retained, to assist prisoners of war are allowed to exercise their ministry freely. … 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0728.

In its chapter on non-international armed conflict, the manual states:
For those who have been deprived of their freedom, rules have been drawn up which go further than the fundamental guarantees:

- right to practise their religion and receive spiritual assistance. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1064.

In its chapter on peace operations, the manual states: “Facilities must also be created for detainees to enjoy freedom of worship …”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1226.

New Zealand
New Zealand’s Military Manual (1992) provides: “Prisoners of war are to receive spiritual attention, if possible from chaplains attached to their own forces or of their own nationality.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 924(1).

The manual further points out: “Internees shall enjoy complete freedom to practise their own religion.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1123(3).

The manual specifies: “Premises for the holding of religious services must be made available.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1123(4).

With respect to non-international armed conflicts, the manual stresses that detainees “must be allowed to practise their religion and to receive spiritual assistance from those performing religions functions”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1814(2).

Nicaragua
Nicaragua’s Military Manual (1996) provides that prisoners of war shall have complete liberty in the exercise of their religion. 
Nicaragua, Manual de Comportamiento y Proceder de las Unidades Militares y de los Miembros del Ejército de Nicaragua en Tiempo de Paz, Conflictos Armados, Situaciones Irregulares o Desastres Naturales, Ejército de Nicaragua, Estado Mayor General, Asesoría Jurídica del Nicaragua, 1996, Article 14(26).

Nigeria
Nigeria’s Manual on the Laws of War provides: “POWs [prisoners of war] should enjoy religious freedom provided that it does not disrupt routine discipline.” 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 42.

Romania
Romania’s Soldiers’ Manual (1991) provides that captured combatants and civilians in the hands of a party to the conflict shall have the right to practise their religion freely. 
Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, Part III, § 4.

Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “Prisoners of war shall enjoy complete latitude in the exercise of their religious duties.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 159.

With regard to internal armed conflict, the Regulations states:
All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their … convictions and religious practices. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 81.

Senegal
Senegal’s IHL Manual (1999) provides that one of the fundamental guarantees common to IHL conventions and the Universal Declaration of Human Rights is the right of persons deprived of their liberty to receive spiritual assistance. 
Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, pp. 3 and 24.

South Africa
South Africa’s Revised Civic Education Manual (2004) states: “Religious personnel should be allowed to minister to fellow prisoners and should be allowed access to all prisoner of war camps where no such ministry is available.”  
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 78.

Spain
Spain’s LOAC Manual (1996) provides: “Prisoners of war shall enjoy complete latitude in the exercise of their religion, including attendance at the service of their faith organized by the religious service of the camp.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 6.4.(i).9.

The manual points out, however, the obligation of prisoners to “comply with the disciplinary routine prescribed by the Detaining Power”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 8.5.(c).1.

Spain’s LOAC Manual (2007) states: “Prisoners of war must enjoy complete freedom in the exercise of their religious beliefs, including attending services of their faith organized by the camp’s religious service.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 6.4.i.(9).

The manual points out, however, the obligation of prisoners to “adhere to the disciplinary routine prescribed by the detaining authorities”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 8.5.c.(1).

The manual further states:
[N]o person who is captured or detained in relation to an armed conflict remains unprotected under the law of armed conflict and is entitled, at all times, to minimum guarantees. [These include] … respect for the person, honour, convictions and religious practices. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 8.2.c; see also §§ 1.4 and 5.6.a.(2).

Switzerland
Switzerland’s Basic Military Manual (1987) provides:
Prisoners shall enjoy complete latitude in the exercise of their religion, including assistance at the service of their faith, on the condition that they comply with the disciplinary routine prescribed by the military authorities. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 124.

The manual further emphasizes: “Religious convictions must be respected.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 167.

Togo
Togo’s Military Manual (1996) provides that captured enemy combatants shall be entitled to respect for their religious beliefs. 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 5.

Ukraine
Ukraine’s IHL Manual (2004) states:
1.4.13. Persons whose liberty has been restricted shall be … allowed to practice their religion and to be assisted by the religious personnel.

2.5.4.18. … Prisoners of war must be provided with conditions to practice their religion. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.4.13 and 2.5.4.18.

United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states:
Internees are to enjoy complete latitude in the exercise of their religious duties, provided that they comply with the disciplinary routine prescribed by the Detaining Powers. Ministers of religion when interned must be allowed to minister freely to the members of their community. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 63.

The manual further states that prisoners of war must be allowed complete freedom for the performance of their religious duties, and that adequate accommodation must be provided for religious services. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 156.

The UK LOAC Pamphlet (1981) provides: “Prisoners must be allowed freedom in the exercise of their religious beliefs. Accommodation must be provided for religious services.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 8, p. 31, § 17(d).

The UK LOAC Manual (2004) states:
Internees are to enjoy complete latitude in the exercise of their religious duties, including attendance at services, provided that they comply with the disciplinary routine of the camp. Suitable accommodation for religious services must be provided. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.58.

On prisoners of war, the manual states:
Prisoners of war must be allowed complete freedom of religious worship, including attendance at services, provided that they comply with the disciplinary routine of the camp. Suitable accommodation for religious services must be provided. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.59.

With regard to internal armed conflicts in which the 1977 Additional Protocol II is applicable, the manual provides: “Internees or detainees … are entitled … to practise their religion and, if requested and appropriate, to receive spiritual assistance from chaplains or similar persons.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.40.

United States of America
The US Field Manual (1956) reproduces Articles 34 and 35 of the 1949 Geneva Convention III and Articles 76, 86 and 93 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 110, 111, 293, 300 and 446.

The US Air Force Pamphlet (1976), referring to Articles 34–38 of the 1949 Geneva Convention III, guarantees prisoners of war enjoyment of religious activities. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 13-4.

The US Instructor’s Guide (1985) provides: “Even though you are a prisoner, you are entitled to practice your religious faith. All prisoners shall enjoy complete freedom in the exercise and observance of their religious faith.” 
United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, p. 11.

The US Naval Handbook (1995) provides:
The following acts are representative war crimes: offences against prisoners of war, including … infringement of religious rights; … offences against civilian inhabitants of occupied territory, including … infringement of religious rights. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 6.2.5.

Respect for the religious preferences of detainees is an essential aspect of detainee operations. Accordingly, the organization and administration of the detention facility must not be such as to hinder unjustifiably the observance of religious rites, and commanders should plan for the accommodation of the religious needs of detainees. Certain limitations may be necessary due to security concerns; however, a good faith balance should be struck between the detainee’s obligation to comply with disciplinary rules and procedures and the detaining power’s obligation to afford detainees the ability to meet their religious obligations and exercise their religious practices. The detaining power is also prohibited from imposing any adverse distinctions within the detainee population based on religion. In this regard, it should be noted that in some situations, segregating the detainee population based on religious affiliation may be beneficial and therefore not prohibited, particularly when conflict has been based in part on religious affiliation. Detainees have no right to person-to-person support by military chaplains. Therefore JFCs [joint force commanders] are under no obligation to provide such support. Accordingly, military chaplains do not generally provide direct religious support to detainees. Should the JFC determine a requirement to provide direct military chaplain support to detainees, communications between the chaplains and the detainees will be privileged to the extent provided by Military Rule of Evidence 503 and appropriate Military Department policies. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. III-8–III-9.

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Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides: “Prisoners of war are entitled to the following in all cases: … respect for their habits, national customs and religious ceremonies.” 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 22(5).

Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).

Chile
Chile’s Code of Criminal Procedure (1906), as amended in 2007, states:
The detainee or prisoner may … , if he or she is not in solitary confinement ordered by a judge, receive visits of a religious minister … with the rules of the respective detention facility or prison being respected. 
Chile, Code of Criminal Procedure, 1906, as amended in 2007, Article 294.

Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).

Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 34 and 35 of the Geneva Convention III and Articles 76, 86 and 93 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Articles 4(1) and 5(1)(d), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).

Italy
Italy’s Wartime Military Penal Code (1941) provides for the punishment of anyone who arbitrarily violates or restricts the freedom of religion or belief of prisoners of war. 
Italy, Wartime Military Penal Code, 1941, Article 213.

Japan
Japan’s Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations (2004) states:
Article 40
The worship and other religious acts that a detainee performs individually in the prisoner-of-war camp shall not be prohibited nor restricted; provided, however, that this shall not apply to the case in which there is a risk of causing a hindrance to either the maintenance of discipline and order or the management and administration of the prisoner-of-war camp.
Article 41
(1) The prisoner-of-war camp commander shall make efforts to make available the opportunities for detainees to participate in religious ceremonies, such as sermons and worship, presided over by chaplains and other religious leaders whenever a detainee hopes to do within the prisoner-of-war camp.
(2) In cases where there is a risk of causing a hindrance to either the maintenance of discipline and order or the management and administration of the prisoner-of-war camp, the prisoner-of-war camp commander may refuse to permit a detainee to participate in the religious ceremonies prescribed in the preceding paragraph. 
Japan, Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations, 2004, Articles 40 and 41(1) and (2).

Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in …the Geneva Conventions of 12 August 1949 …[and in] the two additional protocols to these Conventions …is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.

Serbia
Serbia’s Law on Enforcement of Penal Sanctions (2005) states:
Every prisoner has the right to:
(1) practise religious rituals;
(2) read religious literature;
(3) receive visits of religious representative[s]. 
Serbia, Law on Enforcement of Penal Sanctions, 2005, Article 113.

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Denmark
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, Denmark’s Ministry of Defence stated:
International humanitarian law contains in Additional Protocol I to the Geneva Conventions, a series of basic fundamental guarantees, which applies to any person in a conflicting party’s custody. The persons to whom it applies, for example people who do not have the status of prisoners of war, must always be … guaranteed the right to … belief and religion. 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 4.

France
According to the Report on the Practice of France, in December 1981, the French Minister of Foreign Affairs was asked in the National Assembly about two Soviet prisoners held by the Afghan faction, Hezb-i-Islami, who were being threatened with execution if they did not convert to Islam. In his reply, the Minister stated that, whatever the nature of the conflict, prisoners must be respected. 
Report on the Practice of France, 1999, Chapter 5.3, Reply by the Minister of Foreign Affairs to a question in parliament, 28 December 1981, Politique étrangère de la France, February 1982, p. 390.

United Kingdom of Great Britain and Northern Ireland
In 2004, in a reply to a question concerning detainees in Iraq, the UK Foreign and Commonwealth Office stated: “The prison conditions are in accordance with the Geneva Conventions … In order to accommodate religious practices, internees are served halal meat”. 
United Kingdom, Letter to the Clerk from the Parliamentary Relations and Devolution Department, Foreign and Commonwealth Office, 24 June 2004, published in House of Commons Foreign Affairs Committee, Foreign Policy Aspects of the War Against Terrorism: Seventh Report of the Session 2003–04, Vol. II: Oral and Written Evidence, HC 441-II.

In 2004, in a written answer to a question concerning “the document issued to service personnel announcing the ban on the use of hoods for Iraqi prisoners”, the UK Secretary of State for Defence stated:
An amended Standard Operating Instruction on the Policy for Apprehending, Handling and Processing Detainees and Internees was issued on 30 September 2003. The following section of the document contains the relevant information.

e. Food and water are to be provided as necessary, having regard to any national, ethnic or religious dietary requirements. 
United Kingdom, House of Commons, Written answer by the Secretary of State for Defence, Hansard, 7 July 2004, Vol. 423, Written Answers, col. 721W.

In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated:
12. The treaties setting out rules of IHL are supplemented by rules of customary international law (CIL), i.e. rules which are recognized as binding by States, even though they do not appear in treaty texts. … [I]n relation to the rules described below the Government accepts that they reflect CIL. It is suggested that the rules which are of most relevance to this inquiry are:

12.18. … The personal convictions and religious practices of civilians of persons deprived of their liberty must be respected.
12.19. So, for example, the detainees in this case were entitled to halal food. 
United Kingdom, Ministry of Defence, Closing Submissions to the Baha Mousa Public Inquiry on Modules 1–3, 25 June 2010, §§ 12, 12.18 and 12.19, pp. 28 and 32.
[emphasis in original]
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.

In August 2003, the US State Department issued a written response to an opinion issued by the United Nations Commission on Human Rights (UNCHR), dated 8 May 2003, that had referred to a UNCHR Working Group report on Arbitrary Detention, dated 8 January 2003, which was critical of US policy regarding detainees held at the US naval base at Guantanamo Bay, Cuba. In disagreeing with the UNCHR reports, and noting that the competence of the Working Group did not extend to the laws and customs of war, the US response stated that “[t]he detainees have been given … the opportunity to worship freely and many have been given copies of the Koran in their native language”. 
United States, State Department, Response to UNCHR Opinion No. 5/2003 of 8 May 2003 and the Communication of 8 January 2003 of the Working Group on Arbitrary Detention, August 2003.

In March 2006, the US Government issued a written response to a report produced by a group of five special rapporteurs to the United Nations Commission on Human Rights, dated 16 February 2006, which was critical of US policy regarding detainees at Guantanamo Bay, Cuba. The US Government’s response stated in part:
• [Detainees are provided with] opportunity to worship, including prayer beads, oils, rugs, calls to prayer five times daily, and copies of the Koran in the detainee’s native language.
• Following allegations of Koran mishandling by the United States at Guantanamo, the Department of Defense conducted an investigation into the matter. The investigation, completed on June 3, 2005, found that in 31,000 documents covering 28,000 interrogations and countless thousands of interactions with detainees, five incidents of apparent mishandling of the Koran by guards or interrogators had occurred.
• Some 1,600 Korans have been distributed as part of a concerted effort by the United States government to facilitate the desires of detainees to freely worship. The small number of very regrettable incidents should be seen in light of the volume of efforts to facilitate opportunities for religious practice at Guantanamo. 
United States, Reply of the Government of the United States of America to the Report of the Five UNCHR Special Rapporteurs on Detainees in Guantanamo Bay, Cuba, 10 March 2006, p. 6.

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UN Secretary-General
In 2000, in his report on the establishment of a Special Court for Sierra Leone, the UN Secretary General stated: “Violations of common Article 3 of the Geneva Conventions and of Article 4 of Additional Protocol II thereto committed in an armed conflict not of an international character have long been considered customary international law.”  
UN Secretary-General, Report on the establishment of a Special Court for Sierra Leone, UN Doc. S/2000/915, 4 October 2000, § 14.

UN Human Rights Council
In a resolution adopted in 2007 on the elimination of all forms of intolerance and of discrimination based on religion or belief, the UN Human Rights Council:
Urges States:

(c) To ensure that appropriate measures are taken in order to adequately and effectively guarantee the freedom of religion or belief of women as well as individuals from other vulnerable groups, including persons deprived of their liberty, refugees, children, persons belonging to minorities and migrants;

(j) To ensure that all public officials and civil servants, including members of law enforcement bodies, the military and educators, in the course of their official duties, respect different religions and beliefs and do not discriminate on the grounds of religion or belief, and that all necessary and appropriate education or training is provided. 
UN Human Rights Council, Res. 6/37, 14 December 2007, § 9(c) and (j), voting record: 29-0-18.

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International Criminal Tribunal for the former Yugoslavia
In its judgment in the Aleksovski case in 1999, the ICTY Trial Chamber held in relation to detention conditions:
In sum, it was not established that the difficulties encountered by the detainees in respect of the observance of religious rites resulted from any deliberate policy of the accused or of the men placed under his authority. In this respect, the Trial Chamber notes that the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, though not directly applicable, stipulates in Article 93 that “[i]nternees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities”. In the present case, the practice of religion was not prohibited and most of the victims stated that they were able to practise their religion despite the difficult conditions. The Trial Chamber would thus reject the Prosecutor’s allegation on this point. 
ICTY, Aleksovski case, Judgment, 25 June 1999, § 168.

Human Rights Committee
In its General Comment on Article 18 of the 1966 International Covenant on Civil and Political Rights, the Human Rights Committee held:
Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. 
Human Rights Committee, General Comment No. 22 (Article 18 of the 1966 International Covenant on Civil and Political Rights), 30 July 1993, § 8.

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ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that “prisoners of war shall be allowed to exercise religious observance” and that “adequate premises shall be provided where religious services may be held”. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 709–710; see also § 839 (application mutatis mutandis of the regulations for the treatment of prisoners of war to civilian internees).

In a communication to the press issued in 2000 in connection with the hostilities in the Near East, the ICRC stated: “Religious customs must be respected, which implies access to places of worship to the fullest extent possible.” 
ICRC, Communication to the Press No. 00/42, ICRC Appeal to all involved in violence in the Near East, 21 November 2000.

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Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “All persons, even if their liberty has been restricted, are entitled to respect for their person, honour and convictions, freedom of thought, conscience and religious practices.” 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 3(1), IRRC, No. 282, p. 331.