Chapter 32 - Fundamental Guarantees (Rules 87–105)

Summary

Introduction

The fundamental guarantees identified in this chapter apply to all civilians in the power of a party to the conflict and who do not take a direct part in hostilities, as well as to all persons who are hors de combat. Because these fundamental guarantees are overarching rules that apply to all persons, they are not sub-divided into specific rules relating to different types of persons. The rules applicable to specific categories of persons are to be found in Chapters 33–39.

The fundamental guarantees listed in this chapter all have a firm basis in international humanitarian law applicable in both international and non-international armed conflicts. Most of the rules set out in this chapter are couched in traditional humanitarian law language, because this best reflects the substance of the corresponding customary rule. Some rules, however, are drafted so as to capture the essence of a range of detailed provisions relating to a specific subject, in particular the rules relating to detention (see Rule 99), forced labour (see Rule 95) and family life (see Rule 105). In addition, references to human rights law instruments, documents and case-law have been included. This was done, not for the purpose of providing an assessment of customary human rights law, but in order to support, strengthen and clarify analogous principles of humanitarian law. While it is the majority view that international human rights law only binds governments and not armed opposition groups, it is accepted that international humanitarian law binds both.