The Copenhagen Process on the handling of detainees in international military operations

Principles and guidelines – a critical appraisal

author Cedric De Koker
journal GERN (ISSN: )
volume 2014
issue 2. Desistance, social order and responses to crime
section Article
publicatie datum 1 août 2014
langue English
pagina 167
abstract

On 19 October 2012 the Danish Ministry of Foreign Affairs published a set of Principles and Guidelines relating to the handling of detainees in international military operations, concluding a five-year process during which twenty-two states and several international organizations discussed some of the most pressing legal issues encountered when detaining individuals during military operations abroad. However, the Copenhagen Process has not been entirely free from criticism, as legal scholars and practitioners alike have expressed concern with regard to both the process and the outcome. This has raised doubts about whether the Principles and Guidelines are a positive step forward. The purpose of this paper is to examine the extent to which the Copenhagen Process Principles and Guidelines address the legal issues related to the handling of detainees in international military operations and whether they meet the norms of international law.