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Expert Meeting on the Supervision of the Lawfulness of Detention During Armed Conflict

Research Project

The Coordination of the Rules of International Humanitarian Law, Human Rights Law and Criminal Law Applicable to International Forces and Transitional Civil Administrations

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Keywords

Armed Conflict - Detention - International Human Rights Law - International Humanitarian Law - Lawfulness of Detention

Abstract

The purpose of the meeting was to analyse the inconsistencies between the two different fields of international humanitarian law and international human rights law on the rights of detainees to have the lawfulness of their detention determined during times of armed conflict, occupations or during peacekeeping operations. The aim was to try to find ways for any gaps to be filled or inconsistencies resolved. For this purpose, a review of applicable law was undertaken, practical aspects considered and a set of suggestions made on how the present legal situation could be improved. This report reproduces the background paper sent to participants before the start of the meeting, papers presented and presentations made during the meeting, as well as a summary of the main points that emerged during the discussions.

The meeting was confined to the issue of the review of the lawfulness of detention during armed conflicts – other issues such as treatment in detention and trial procedures were excluded.

The meeting comprised experts in international humanitarian law, international human rights

law and international criminal law, all attending in their personal capacity.

File(s)

Expert Meeting on the Supervision of the Lawfulness of Detention During Armed Conflict, Geneva, 24-25 July 2004
English | [546 ko] > download