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VOL. 10, ISSUE 3 (2024)
Detention and international humanitarian law: The significance of status
Authors
Worluh Okolie, Nkechinyere Huomachi
Abstract
The significance of status in detention procedures under International
Humanitarian Law is paramount for ensuring compliance with humanitarian
principles, protecting detainees' rights, and upholding the rule of law in
conflict zones. Status determination categorizes individuals based on their
legal status, such as combatants, civilians, or other protected persons. This
classification profoundly impacts detainees' treatment, rights, and
entitlements to humane treatment, legal protections, and procedural safeguards.
Accurate status determination is crucial for distinguishing between lawful and
unlawful combatants, ensuring compliance with the principle of distinction, and
preventing arbitrary detention. However, challenges like ambiguity in defining
status, lack of uniform implementation, and political considerations often
complicate this process. Addressing these challenges requires adherence to legal
standards, transparency, and accountability in detention practices.
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Pages:75-81
How to cite this article:
Worluh Okolie, Nkechinyere Huomachi "Detention and international humanitarian law: The significance of status". International Journal of Law, Vol 10, Issue 3, 2024, Pages 75-81
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