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Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.

Commentary - Art. 84. Part III : Status and treatment of protected persons #Section IV : Regulations for the treatment of internees #Chapter II : Places of internment

ARTICLE 84

. -- SEPARATE INTERNMENT

The importance of this Article should be emphasized. It corresponds to Article 16 of the Tokyo Draft, which restricts itself to stating that civilian internment camps should be separate from internment camps for prisoners of war, in accordance with the fundamental distinction in humanitarian law between combatants and non-combatants. As suggested by the International Committee of the Red Cross in the Stockholm Draft, the Diplomatic Conference of 1949 went further and accepted the idea that political prisoners should be kept separate from offenders against ordinary law. It is a matter of congratulation that this principle has been proclaimed (1).

The result is that neither prisons nor penal establishments could be used as places of internment.

This provision shows once more that the detention of internees is quite different in character from that of prisoners of war or common criminals. Internment is simply a precautionary measure and should not be confused with the penalty of imprisonment.

Notes: (1) [(1) p.384] This idea should be kept in sight for the

development of humanitarian law. Obviously, in view of

what was said in the commentary on Article 79, no

provision of this Convention can be applied directly or by

analogy to the relations between a government and those of

its nationals interned for political. reasons, so long as

in the country in question no struggle is taking place

which would enable the application of the provisions of

Article 3 concerning civil wars. But, as Professor

Castberg, a member of the Norwegian delegation to the

Diplomatic Conference pointed out, quoting a legal opinion

which the Norwegian Red Cross had communicated to the

International Committee of the Red Cross, there is reason

to hope that every Power bound by the Convention and

pledged to apply, in conformity with international law,

certain well defined and deeply humanitarian measures for

the treatment of prisoners of enemy nationality, will wish

to treat its own citizens, interned for security reasons,

in exactly the same way. This would be an extra-judicial

consequence of Article 84, and could bring about an

evolution in some aspects of municipal law in accordance

with the same humanitarian principles as those which have

led to this development of international law;