The convergence of violence around a norm : direct participation in hostilities and its significance for detention standards in non-international armed conflict
Jody M. Prescott
Detention of non-state actors engaged in hostilities : the future law
Leiden ; Boston : Brill Nijhoff, 2016
Bibliographie : p. 88-92
The detention of individuals by the United States armed forces since 9/11 has highlighted the lack of international standards applicable to deciding whom should be detained during the course of non-international armed conflicts (NIACs), the condition under which they should be held, and what sort of processes should be implemented to determine whether they should be released. This chapter suggests that the convergence of violence around the norm of direct participation to hostilities dominates the operational relationship between the use of armed force in complex NIACs, and the detention of individual regardless of whether they are perceived by the detaining power to be combatants or protected civilians. It argues that whilst non-state combatants in NIAC might violate domestic criminal laws through their warlike activities, and the line separating NIAC combatants from ordinary criminals might often be blurry, the pervasive influence of the norm of direct participation in hostilities means that international armed conflict (IAC) detention is generally a more appropriate source of principles and standards for detention in NIAC than is international human rights law.
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