However, there is no comparable regime for NIACs. For example, the four Geneva Conventions, which are applicable to IAC, contain more than 175 provisions regulating detention. In comparison to international armed conflict (IAC), the treaty law regarding detention in relation to NIAC is very limited. Background paper on detention for the regional consultations 2012-2013.The gaps in IHL on detention in non-international armed conflict (NIAC)Īs part of its overall project on "Strengthening legal protection for victims of armed conflict", the ICRC is currently undertaking consultation and research, to identify options for strengthening IHL protection for persons deprived of their liberty in relation to NIAC. Internment is an exceptional, non-punitive measure of control that may be ordered for security reasons. In situations of armed conflict, it refers to the deprivation of liberty initiated or ordered by the executive branch-not the judiciary-without criminal charges being brought against the internee. "Internment" is a specific kind of deprivation of liberty. People can be considered to be detained from the time they are apprehended or held without permission or authority to leave, until their release. What do we mean by deprivation of liberty?Īccording to the ICRC, people are deprived of their liberty-detained-when they are confined in a narrowly bounded place, under the control or with the consent of a State or non-State actor, and cannot leave at will. What is the difference between IAC (international armed conflict) and NIAC (non-international armed conflict) ?
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