Over the weekend, the third post in our Joint Series was published by Lawfare—Better safe than sorry: Transferring detainee safely to Coalition Partners, by Tilman Rodenhäuser. The Joint Series is hosted by the ICRC Humanitarian Law & Policy Blog, EJIL Talk! and Lawfare. It arose out of the 6th Transatlantic Workshop on International Law and Armed Conflict. The author, Dr Tilman Rodenhäuser, is a thematic legal adviser at the International Committee of the Red Cross’ headquarters in Geneva, Switzerland.
***Better safe than sorry: Transferring detainee safely to Coalition Partners In many of today’s conflict theaters, international coalitions of states support local authorities in fighting various armed groups. If the supporting states have boots on the ground, almost inevitably they will take detainees or be present when their partners do so. For operational, legal or political reasons, however, they rarely have an interest in keeping detainees under their control for long. Rather, they tend to transfer detainees to the local authorities or coalition partners. While operationally opportune and often requested by the territorial state, in some situations these transfers bear the risk of bringing detainees into the hands of authorities that might not respect fundamental humanitarian norms. Such situations raise acute legal and policy questions. For the full blog post, please see Lawfare
Other posts in the series:
- Introducing the Latest Transatlantic Workshop Joint Blog Series, Sasha Radin (Managing Editor, Humanitarian Law & Policy Blog)
- Precautionary Measures in Urban Warfare: A Commander’s Obligation to Obtain Information, Jonathan Horowitz (Senior Legal Officer for the Open Society Justice Initiative) – Humanitarian Law & Policy Blog.
- Sieges, Evacuations and Urban Warfare: Thoughts from the Transatlantic Workshop on International Law and Armed Conflict, Laurie Blank (Clinical Professor of Law, Director of the Center for International and Comparative Law and Director of the International Humanitarian Law Clinic at Emory University School of Law) – EJIL Talk!
- Better Safe than Sorry: Transferring Detainees Safely to Coalition Partners, Tilman Rodenhauser (Legal Advisor, ICRC) – Lawfare
- Medical Care in Armed Conflict Part I / Part II, Marco Sassoli (Director of the Geneva Academy of International Humanitarian Law and Human Rights and Professor of International Law at the Faculty of Law of the University of Geneva) – Humanitarian Law & Policy Blog
- Urban warfare: The obligations of defenders, Aurel Sari (Senior Lecturer in Law at the University of Exeter, Director of the Exeter Centre for International Law, Fellow of Supreme Headquarters Allied Powers Europe and a Fellow of the Allied Rapid Reaction Corps) – Lawfare
- And more….!