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Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence

30-06-2005 Article, International Review of the Red Cross, No. 858, by Jelena Pejic

The commentary to the procedural principles and safeguards outlined in this text mentions the different legal sources governing deprivation of liberty for security reasons in international armed conflicts, non-international armed conflicts and other situations of violence.

   

Jelena Pejic
is Legal Advisor at the International Committee of the Red Cross and Head of the ICRC Project on the Reaffi rmation and Development of International Humanitarian Law 

 
Abstract 
Deprivation of liberty for security reasons is an exceptional measure of control that may be taken in armed conflict, whether international or non-international. Administrative detention of persons believed to represent a threat to State security is also being more and more widely practiced outside of armed conflict situations. This paper argues that both internment and administrative detention are insufficiently elaborated from the point of the view of the protection of the rights of the persons affected. Drawing on international humanitarian law and on human rights law and standards, the paper proposes a set of procedural principles and safeguards that should - as a matter of law and policy - be applied as a minimum to all cases of deprivation of liberty for security reasons.  

 This article is also available as offprint from the International Review of the Red Cross .  

 
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