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25 - Negotiating the International Legal Fate of Detainees

from Part VI - Humanitarian Obligations and Human Rights

Published online by Cambridge University Press:  14 January 2021

By
Jake Rylatt  and
Mark Retter
Edited by
Marc Weller ,
Mark Retter  and
Andrea Varga
Marc Weller
Affiliation:
University of Cambridge
Mark Retter
Affiliation:
University of Cambridge
Andrea Varga
Affiliation:
University of Cambridge
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Summary

This chapter examines settlement practice on detention in light of international humanitarian law and human rights law. Section 2 identifies the international legal frameworks that regulate detention, drawing the necessary distinctions between peacetime and armed conflict, and between international and non-international armed conflict, which frame questions on relevant applicable law. Section 3 then examines the specific legal norms relating to prisoners of war and civilian detainees within international armed conflict and their interaction with settlement practice; while Section 4 does the same in relation to legal norms regulating detention in non-international armed conflicts. In the context of peace agreements, the focus is on two interconnected issues which extend into a post bellum phase, as important subject matter for settlement practice: release and repatriation; and transitional justice. By way of conclusion, Section 5 considers whether settlement provisions on detainees reflect a common practice that develops international legal standards.

Keywords

detentioninternational humanitarian lawprisoners of warcivilian detaineespolitical prisonerssecurity detentionrelease and repatriationtransitional justiceamnestycombatant immunity
Type
Chapter
Information
International Law and Peace Settlements , pp. 575 - 601
Publisher: Cambridge University Press
Print publication year: 2021

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