Detention of Non-State Actors Engaged in Hostilities: The Future Law

Copyright

Contents

Glossary

Notes on Contributors

1 Introduction

Part 1: Perspectives

2 Convergence of Norms across the Spectrum of Armed Conflicts: International Humanitarian and Human Rights Law

3 The Limitations of Legal Reasoning: Negotiating the Relationships between International Humanitarian Law and Human Rights Law in Detention Situations

4 The Convergence of Violence around a Norm: Direct Participation in Hostilities and Its Significance for Detention Standards in Non-International Armed Conflict

5 Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions

Part 2: Case Studies

6 The Coalition Provisional Authority for Iraq, 2004–2008: Transitioning from Administrative Internment to Criminal Justice-Based Detention Operations

7 Australian Detention Operations in Afghanistan: Practices and Challenges

8 Detention in British International Military Operations

9 An Indian Perspective on Detention of Non-State Actors Engaged in Hostilities

10 Preventive Detention for National Security Purposes: The Three Facets of the Israeli Experience

11 U.S. Detention of Terrorists in the 21st Century

12 NATO Responsibility for Detention

Part 3: Formulating Guidance

13 Information and Notification Concerning Detention in Non-International Armed Conflicts

14 The Copenhagen Process Principles and Guidelines for Detention – Legal and Political Challenges

15 Detention in United Nations Peace Operations

Part 4: Recommendations

16 Management of Detention of Non-State Actors Engaged in Hostilities: Recommendations for Future Law

Appendices

1 Geneva Convention iii Relative to the Treatment of Prisoners of War, Article 4

2 Convention iv Relative to the Protection of Civilians

3 Additional Protocol i to the Geneva Conventions

4 Geneva Conventions, Common Article 3

5 Additional Protocol ii to the Geneva Conventions

6 32nd International Conference of the Red Cross and Red Crescent

Index