The Oxford guide to international humanitarian law
Oxford : Oxford University Press, 2020
The first section of this chapter provides a general overview of the context and background of the IHL fundamental guarantees, with a focus upon describing the concept through reference to three definitional aspects: rationale, sources in law, and scope. Section two provides a brief outline of one indicative example of the category of general, procedural, fundamental guarantees - those that presage, contextualize, or underpin many of the other, more specific treatment-based fundamental guarantees. To this end, the analysis will address the requirement of legality. The final section will then deal with a number of specific fundamental guarantees under two broad category headings. The first is humane treatment, which is itself an umbrella fundamental guarantee encompassing: violence to life; through other violent breaches of fundamental guarantees ; to the proscriptions relating to degrading treatment. The second broad category is restriction of freedoms, focusing upon forced labour and slavery.