Understanding the legal bases for detention is important for those working in situations of armed conflict, even if they are not focusing on the issue in their work. However, while detention in international armed conflicts is regulated in detail under international humanitarian law (IHL), the situation in non-international armed conflicts (NIACs) is less clear.

Knowing the basics of this topic and its current state of discussion has become essential. The debate has been further intensified after the ruling on the 2014 Serdar Mohammed case against UK authorities regarding unlawful detention, in which IHL was considered neither authorizing nor regulating detention in NIACs. The issue becomes further complicated when dealing with internationalized NIACs as in Iraq or Afghanistan, where the application of international human rights law or domestic law by one state in the territory of another state has been questioned.

In this learning session, Professor Gabor Rona will provide PHAP members with an introduction to legal frameworks applicable to detention in armed conflict and the existing legal debate regarding detention in NIACs, followed by an opportunity for questions and answers.

Interview with Gabor Rona

Read the interview with Gabor Rona on the current relevance of this topic for humanitarian workers

Recommended resources

• Gabor Rona, “Is There a Way out of the Non-International Armed Conflict Detention Dilemma,” in International Legal Studies, vol. 91, 32(2015), February 2015.
• Jonathan Horowitz, “IHL Doesn’t Regulate NIAC Internment – A Drafting History Perspective,” in Opinio Juris, 9 February 2015.
• Lawrence Hill-Cawthorne & Dapo Akande, “Does IHL Provide a Legal basis for Detention in non-International Armed Conflicts?,” in EJIL: Talk!, 7 May 2014.
• Kubo Macak, “No legal Basis under IHL for Detention in Non-International Armed Conflicts? A comment on Serdar Mohammed v. Ministry of Defence,” in EJIL: Talk!, 5 May 2014.
• Jelena Pejic, “The European Court of Human Rights’ Al-Jedda judgement: the oversight of international humanitarian law,” in International Review of the Red Cross, vol. 93, nº883, September 2011.

Learning objectives

• Understanding of the concepts related to detention in armed conflict, including security detention and derogation from human rights in war times.
• Knowledge of legal provisions under IHL on detention in both international armed conflicts and NIACs.
• Basic understanding of the applicability of international human rights law and domestic law for the regulation of detention in NIACs.
• Awareness of the peculiarities in the context of internationalized NIACs.
• Awareness of the main proposed options to overcome the legal gaps surrounding detention in NIACs.

Target audience and event access

This event is targeted to humanitarian practitioners in the PHAP membership, but is open to the public.