Book contents
- International Law and Peace Settlements
- International Law and Peace Settlements
- Copyright page
- Contents
- Contributors
- Preface and Acknowledgements
- Case Law
- Peace Agreements and Instruments
- Abbreviations
- 1 Introduction
- Part I Historical Dimensions to Peace Settlement Practice
- Part II Peace Agreements As Legal Instruments
- Part III Key Actors and the Role of International Law
- Part IV Representation, Sovereignty and Governance
- Part V Economic Aspects of Peace Settlements
- Part VI Humanitarian Obligations and Human Rights
- 25 Negotiating the International Legal Fate of Detainees
- 26 Accountability
- 27 The Return of People and Property
- 28 Peace Settlements and Human Rights
- Conclusion
- Index
25 - Negotiating the International Legal Fate of Detainees
from Part VI - Humanitarian Obligations and Human Rights
Published online by Cambridge University Press: 14 January 2021
- International Law and Peace Settlements
- International Law and Peace Settlements
- Copyright page
- Contents
- Contributors
- Preface and Acknowledgements
- Case Law
- Peace Agreements and Instruments
- Abbreviations
- 1 Introduction
- Part I Historical Dimensions to Peace Settlement Practice
- Part II Peace Agreements As Legal Instruments
- Part III Key Actors and the Role of International Law
- Part IV Representation, Sovereignty and Governance
- Part V Economic Aspects of Peace Settlements
- Part VI Humanitarian Obligations and Human Rights
- 25 Negotiating the International Legal Fate of Detainees
- 26 Accountability
- 27 The Return of People and Property
- 28 Peace Settlements and Human Rights
- Conclusion
- Index
Summary
This chapter examines settlement practice on detention in light of international humanitarian law and human rights law. Section 2 identifies the international legal frameworks that regulate detention, drawing the necessary distinctions between peacetime and armed conflict, and between international and non-international armed conflict, which frame questions on relevant applicable law. Section 3 then examines the specific legal norms relating to prisoners of war and civilian detainees within international armed conflict and their interaction with settlement practice; while Section 4 does the same in relation to legal norms regulating detention in non-international armed conflicts. In the context of peace agreements, the focus is on two interconnected issues which extend into a post bellum phase, as important subject matter for settlement practice: release and repatriation; and transitional justice. By way of conclusion, Section 5 considers whether settlement provisions on detainees reflect a common practice that develops international legal standards.
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- Information
- International Law and Peace Settlements , pp. 575 - 601Publisher: Cambridge University PressPrint publication year: 2021