Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Section F. Responsibility for safe return
In 2006, in reply to a written question concerning the treatment of detainees in Iraq, the Minister of Defence of the Netherlands stated:
The Dutch armed forces bear responsibility for the persons they arrest. After the transfer, this responsibility shifts to the receiving party. The Third Geneva Convention does oblige the transferring party (in this situation the Netherlands) to take corrective measures against the receiving party or to request that the detainee be transferred back when the transferring party is notified that the receiving party does not satisfy its obligations under the Geneva Conventions. The Dutch troops are obliged to offer arrested persons guarantees and treatment which are applicable to prisoners of war.