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Published online by Cambridge University Press: 22 May 2023
Detention – by States and non-State armed groups (NSAGs) – is a reality in armed conflict. In 2021, the International Committee of the Red Cross (ICRC) estimated that around 100 armed groups were holding detainees. Detention puts people in a vulnerable situation: their lives and dignity depend on the detaining authority. Experience shows that detention by NSAGs often presents legal and practical challenges, ranging from a lack of knowledge of international rules and standards on detainee protection, in particular those found in international humanitarian law (IHL), to practical challenges such as how to ensure humane conditions of detention in the dire realities of armed conflict, or how to provide essential judicial guarantees for persons facing criminal charges.
The advice, opinions and statements contained in this article are those of the author/s and do not necessarily reflect the views of the ICRC. The ICRC does not necessarily represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided in this article.
1 The report is available at: www.icrc.org/en/document/detention-non-state-armed-groups.