Rethinking existing detention laws and policies in non international armed conflicts under International Humanitarian Law

Abstract

The recent events in humanitarian law have prompted an examination of the legal regimes arising from the international armed and international non armed groups in conflicts against state actors. During the 21st century and contemporary international humanitarian law, it remains uncertain the role of the international human rights in detention during armed conflicts or terrorism. Despite the continued rejection by international community and state party that detention practices has increased by both militants and civilians in non armed conflict which is caused by migration of civilians outside the non conflict zones. It analyses the legal regime for the detention of individuals in non international armed conflicts (NIACs) between state and non- state actors in armed group. Thus, there exist legal regime ranges for the prolonged confinement of individuals in cases of armed conflict and non armed group. It provides an overview of the historical development and recent detention of individuals as an abuse of humanitarian law while finding the gap between human rights violation to rights of states and non-state actors to detain in NIACs. It argues that there should be a transitional justice in detention of individuals in NIACs caused by terrorism using habeas corpus legal system.

Keywords: International Humanitarian Law, International Human Rights Law, NIACs, Detention and Transitional Justice