Article

By all means necessary : a look at the reliance on United Nations Security Council resolutions as a basis for internment in non-international armed conflicts

Hillary Muchiri Kiboro

• African yearbook on international humanitarian law, 2019, p. 25-48

English

This article analyses the practice of using United Nations Security Council resolutions as the legal basis of internment in non-international armed conflicts (NIACs). The article commences with a brief definition of NIACs juxtaposed with international armed conflicts (IACs) and demonstrates the better-developed internment regime in IACs. The article further explores whether customary IHL provides the requisite legal basis for interning individuals in connection with NIACs. In the absence of international consensus on this issue, the author notes that practice to find a legal basis for internment in other legal regimes such as domestic law and UNSC resolutions has emerged - a practice that has found judicial affirmation in a number of decisions from domestic courts and regional human rights courts.

• African yearbook on international humanitarian law
• African yearbook on international humanitarian law [2019]