International Review of the Red Cross, 2005, No. 857 – Detention
Issue No. 857- 2005
Table of contents
Editorial - IRRC March 2005 No 857
Interview with Lech Walesa
As one of the leaders of the Polish workers, Lech Walesa was detained several times during the 1970s. In December 1981, Walesa, along with several thousand others, was arrested when General Jaruzelski imposed martial law and “suspended” the labour movement “Solidarnosc” (Solidarity). Walesa was interned in a country house in a remote part of Poland, close to the then Soviet border, and was visited three times by ICRC delegates.
Human rights and indefinite detention
Alfred de Zayas
International human rights law abhors a legal black hole. It applies wherever a State exercises its jurisdiction, not only in peacetime but also during armed conflict, as a compliment to humanitarian law. The deprivation of liberty is subject to certain conditions, and even initially lawful detention becomes arbitrary and contrary to law if it is not subject to periodic review.
Casting light on the legal black hole: International law and detentions abroad in the "war on terror"
In the deprivation of liberty by agents acting outside the sovereign territory of their State, the prevention of violations of fundamental norms and values is particularly important.
Visits by human rights mechanisms as a means of greater protection for persons deprived of their liberty
Edouard Delaplace, Matt Pollard
The growing number of agencies engaged in detention-related activities has resulted in coverage of a wider range of situations by visiting mechanisms and in complementary protections for persons deprived of their liberty.
Protection of detainees: ICRC action behind bars
The protective effect of the ICRC’s activities will depend above all on its ability to intervene on behalf of detainees by approaching the responsible authorities and, more generally, to overcome indifference.
The policy context of torture: A social-psychological analysis
Herbert C. Kelman
Acts of torture are conceptualized as crimes of obedience, which are inevitably linked to crimes at higher levels of the hierarchy, where orders are issued, policy is formulated, and the atmosphere conducive to acts of torture is created.
A haunting figure: The hostage through the ages
Irène Herrmann, Daniel Palmieri
The hostage has now reached the final stage in the deterioration of an already unenviable condition. This deterioration is not only due to the aggressors themselves but also reflects the current asymmetry in conflicts and is, even more, the result of a cruel irony of history.
Asymmetrical warfare from the perspective of humanitarian law and humanitarian action
The fateful events of 11 September 2001 epitomized a situation that confronts the ICRC in its work in many conflict zones all over the world, namely asymmetrical warfare. The belligerants are unequal, they have disparate aims and employ dissimilar methods to pursue their tactics and strategies.
Study on customary international humanitarian law: A contribution to the understanding and respect for the rule of law in armed conflict
In the light of the achievements to date and the work that remains to be done, the study should not be seen as the end but rather as the beginning of a new process aimed at improving understanding of and agreement on the principles and rules of international humanitarian law.
61st Session of the United Nations Commission on Human Rights, 16 March 2005
Of the many people affected by armed conflict and other situations of violence every year, it is often those who are deprived of liberty that are at a particular risk of physical or mental abuse, disappearance, and whose immediate needs such as food, water and medical care are often not adequately met. Jakob Kellenberger is ICRC president
National implementation of international humanitarian law – Biannual update, July to December 2004
Biannual update on national legislation and case law July–December 2004
Books and articles
Recent acquisitions of the Library & Research Service, ICRC