Practice Relating to Rule 87
Section D. Persons deprived of their liberty
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions …is liable to imprisonment.
In 2006, Norway’s Minister for Foreign Affairs stated in the Foreign Policy Address to the Parliament:
No conflict, whether national or international, justifies depriving prisoners of proper protection and their fundamental rights. As a minimum, all prisoners must be humanely treated at all times, regardless of their status. And even if a prisoner’s status is unclear, this cannot be used as a justification for depriving him or her of the fundamental right to protection. The very idea that fundamental rights can be set aside in the fight against terrorism will, in the long term, have the opposite effect from what is intended – it will weaken rather than strengthen the fight against terrorism.