Captured in War : Lawful Internment in Armed Conflict (Paperback)

PART I: THE RIGHT TO LIBERTY AND THE PROHIBITION OF ARBITRARY DEPRIVATION OF LIBERTY IN INTERNATIONAL LAW Chapter I-1 - Requirements for lawful deprivation of liberty under general international law 1.1. The right to liberty and the prohibition of arbitrary deprivation of liberty in general international law 1.2. The rule of law, the principle of legality and the right to liberty Chapter I-2 - Exceptional times and exceptional measures 2.1. Derogation from international human rights law in times of public emergency 2.2. Direct reliance upon international humanitarian law in time of armed conflict 2.3. Conclusions to Part I PART II: SECURITY INTERNMENT IN SITUATIONS OF INTERNATIONAL ARMED CONFLICT AND OCCUPATION Introduction to Part II Chapter II-1 - Internment on the basis of the Third Geneva Convention: prisoners of war 1.1. Who can be interned on the basis of GC III? Defining "prisoners of war" 1.2. On what grounds and for how long can prisoners of war be interned? 1.3. Conclusions on prisoner of war internment Chapter II-2 - Internment on the basis of the First and Second Geneva Convention: retention of medical and religious personnel of the armed forces of the parties to the conflict Chapter II-3 - Internment on the basis of the Fourth Geneva Convention: protected persons 3.1. Who can be interned on the basis of GC IV? Defining "protected persons" 3.2. On what grounds and for how long can be protected persons be interned? 3.3. Conclusions on internment on the basis of GC IV Chapter II-4 - Internment of persons who are not protected by the Geneva Conventions 4.1. No legal basis to intern the Geneva Conventions or Additional Protocol I 4.2. Protection in captivity: international humanitarian and human rights law 4.3. A legal basis to intern in the 1907 Hague Regulations? Chapter II-5 - Conclusions on internment in situations of international armed conflict and occupation 5.1. Answers to our research questions and conclusions from Part II 5.2. Responsibility for lawful internment and independent supervision PART III: SECURITY INTERNMENT IN SITUATIONS OF NON-INTERNATIONAL ARMED CONFLICT Introduction to Part III Chapter III-1 - The absence of a legal basis for internment in international humanitarian law 1.1. The issue of status in situations of non-international armed conflict 1.2. Is there a gap in international humanitarian law? And is there a need to fill it? 1.3. Claims of an inherent right to intern in armed conflict 1.4. Conclusions and options Chapter III-2 - Recommendations for a normative development of international humanitarian law 2.1. Basic qualities of a valid legal basis to intern in non-international armed conflict 2.2. Lawful grounds for internment in non-international armed conflict CONCLUSIONS