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Chapter 1: The Copenhagen Process: Principles and Guidelines

Published online by Cambridge University Press:  02 February 2015

Jacques Hartmann
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Abstract

This article analyses the outcome of the ‘Copenhagen Process on the Handling of Detainees in International Military Operations’: a five-year multi-stakeholder effort to develop principles and good practices on detention in international military operations. The Process concluded in 2012 when 18 States ‘welcomed’ a set of non-binding ‘Principles and Guidelines.’ The Principles and Guidelines address uncertainties surrounding the legal basis for the detention, treatment, and transfer of detainees during international military operations, drawing on both human rights and international humanitarian law. This article comments on the Principles and Guidelines, shedding some light on the context in which they were developed and adopted.

Keywords

Copenhagen processDetentionInternational military operationsInternational armed conflictsNon-international armed conflictsHuman rights
Type
Part I: Detention in Non-International Armed Conflict
Information
Yearbook of International Humanitarian Law , Volume 16 , December 2013 , pp. 3 - 32
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2013 

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