Practice Relating to Rule 121. Location of Internment and Detention Centres
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, the Danish Ministry of Defence explained that the Defence Command’s confidential Directive for the Army Operational Command concerning the use of force during Operation Enduring Freedom of 24 January 2002 provided that “[p]risoners of war must be immediately evacuated from the battlefield and brought to safety”.
When discussing the protection afforded to prisoners of war under the 1949 Geneva Convention III, the report stated that “prisoners of war may only be interned in premises located on land that meet all hygiene and health requirements”.