Detention of non-state actors engaged in hostilities : the future law
Leiden ; Boston : Brill Nijhoff, 2016
Bibliographie : p. 359-361
There are times when United Nations (UN) peacekeepers - usually armed military and police personnel - need to detain people. This might be in self-defence, that is to protect the persons of peacekeepers or mission property, or in execution of some other element of the mandate of the peacekeeping operation concerned, for example, to protect civilians under imminent threat of violence. When peacekeepers detain people, a number of legal issues arise. These concern the legal basis to detain, the length of detention, the conditions in which detainees should be kept, and whether, and under what conditions, such persons may be transferred by the UN to local authorities. Addressing these questions, this chapter examines the legal framework for detention in the context of UN peace operations and gives an overview of the UN policy regarding detention, which is currently in the form of the 25 January 2010 "Interim Standard Operating Procedures on Detention in United Nations Peace Operations" ("the Interim SOPs"). It outlines the process leading to the drafting of the Interim SOPs, their scope of application, the main principles on which they are based, the basic procedures that they outline, and offers an analysis of their application in respect of detention of non-state actors during times of non international armed conflict.