Detention Operations in Non-International Armed Conflicts between International Humanitarian Law, Human Rights Law and National Standards: A NATO Perspective

Abstract

Detention poses a challenge to coalitions of States and multinational alliances, such as the North Atlantic Treaty Organization (NATO), when conducting military operations in non-international armed conflicts (“NIACs”). There is a potential for misunderstandings in multinational operations resulting from different standards and procedures being applied by troop contributing Nations. Over the years, NATO has undertaken efforts to bridge differing national standards and provide common procedures as well as minimum standards in NIAC Alliance operations. Lessons can be drawn from NATO’s multilateral experience, particularly since detention remains an area that tends to raise particular challenges of legal interoperability and will likely do so in the future. Building on NATO's experience in Kosovo and Afghanistan, this article outlines the three major challenges NATO faces when conducting detention operations in a NIAC. It concludes by suggesting NATO as a forum for reducing legal uncertainty in the field of NIAC detention and by highlighting practical examples of how the Alliance is already taking promising steps in this direction.