Practice Relating to Rule 123. Recording and Notification of Personal Details of Persons Deprived of Their Liberty

Article 14, first paragraph, of the 1899 Hague Regulations provides:

Article 14, first paragraph, of the 1907 Hague Regulations provides:

Article 122 of the 1949 Geneva Convention III provides that each party shall institute an official Information Bureau for prisoners of war whose function it is to collect detainees’ details and location and forward them to the powers concerned. 

Article 123, first and second paragraphs, of the 1949 Geneva Convention III provides:

With respect to civilian internees, Articles 136, 137 and 140 of the 1949 Geneva Convention IV contain regulations that are analogous to those applicable to prisoners of war found in Articles 122 and 123 of the 1949 Geneva Convention III. 

Article XI of the 1994 Inter-American Convention on the Forced Disappearance of Persons provides:

Article IX of the 1995 Agreement on the Military Aspects of the Peace Settlement annexed to the Dayton Accords stated that, in order to speed up the release process, the parties were to draw up comprehensive lists of prisoners, including details of their nationality, name, rank, and any internment or military serial number, and provide these to the ICRC, the other parties, the Joint Military Commission and the High Representative within 21 days. 

The 2006 Convention on Enforced Disappearance provides:

Rule 7 of the 1955 Standard Minimum Rules for the Treatment of Prisoners provides:

Rule 8 of the 1987 European Prison Rules provides:

Principle 16 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides:

Paragraph 3 of the 1991 Agreement between Croatia and the Socialist Federal Republic of Yugoslavia on the Exchange of Prisoners provides:

Paragraph 2 of Agreement No. 2 between the Parties to the Conflict in Bosnia and Herzegovina on the Implementation of the Agreement of 22 May 1992 provided that a Commission, consisting of four liaison officers appointed by the parties, would be created under the auspices of the ICRC and assume the exchange of lists of prisoners. 

Section IV of the 1992 Agreement No. 3 between the Parties to the Conflict in Bosnia and Herzegovina on the ICRC Plan of Action provided: “The parties will notify the ICRC of the identity of all persons captured or detained.” 

Article 6(2) of the 1992 Agreement between the Parties to the Conflict in Bosnia and Herzegovina on the Release and Transfer of Prisoners provides: “Each party will notify the ICRC … of the name and location of any other places where prisoners are being held on the territory under its control and of all prisoners held in those places.” 

Article 10 of the 1992 UN Declaration on Enforced Disappearance provides:

Article 3 of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides:

Article 4(6) of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides: “Sufficient information shall be made available concerning persons who have been deprived of their liberty.” 

Section 8(a) of the 1999 UN Secretary-General’s Bulletin, regarding the treatment of detained persons, provides:

Paragraphs 7 and 10 of the 2005 Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan state:

Argentina’s Law of War Manual (1969) provides: “Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power.” It further notes that each of the Parties to the conflict shall give its Bureau the information regarding any enemy person who has fallen into its Power. The manual adds:

Australia’s Commanders’ Guide (1994) provides: “Basic identifying information is required by the enemy to enable notification of capture to the Central PW Information Bureau.” 

Australia’s LOAC Manual (2006) states:

Burundi’s Regulations on International Humanitarian Law (2007) states that prisoners of war “must be identified and have their names put on a list that must be sent to their State of origin”. 

Burkina Faso’s Disciplinary Regulations (1994) provides: “A list of evacuated prisoners shall be established as soon as possible.” 

Cameroon’s Disciplinary Regulations (1975) provides: “A list of prisoners must be established as soon as possible. When operations permit, the list must be communicated to the official organs of the Red Cross.” 

Cameroon’s Instructor’s Manual (1992) provides that all prisoners arriving in camps shall be identified, registered and recorded. 

Cameroon’s Instructor’s Manual (2006) states: “All prisoners of war that arrive in [prisoner-of-war] camps must be identified, counted and registered.” 

Cameroon’s Disciplinary Regulations (2007) states:

Canada’s LOAC Manual (1999) provides that an official information bureau shall be established at the outbreak of hostilities to gather and pass on all information concerning prisoners of war. 

Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “Parties holding wounded, sick and shipwrecked personnel are obliged to record and forward the same details of identity and capture as in the case of any other PW [prisoner of war].” 

Canada’s Prisoner of War Handling and Detainees Manual (2004) states:

Canada’s Use of Force Manual (2008) states:

The Central African Republic’s Instructor’s Manual (1999) states in Volume 2 (Instruction for group and patrol leaders): “Prisoners of war … do not have to give any information other than their identity.” 

The Congo’s Disciplinary Regulations (1986) states: “A list of evacuated prisoners must be established as soon as possible.” 

Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 1 (Instruction of first-year trainee officers): “Prisoners of war must be identified and they are therefore under the obligation to give you their identification number, their rank, their name and first name, as well as their date of birth.” 

Cuba’s Regulation of the Internal Order of the Revolutionary Armed Forces (2002) states: “If due to exceptional circumstances [the serviceman] is taken prisoner, … he or she will only give their name, surname, military grade and age if they are asked to give personal information.” 

Djibouti’s Disciplinary Regulations (1982) states: “Prisoners are only bound to give their surname, first names, rank, serial number and date of birth.” 

El Salvador’s Soldiers’ Manual provides: “Suspected civilian persons who have been detained must be listed in the register of accused persons, which has to be notified to the ICRC delegate on the day of his or her visit to the place of detention.” 

France’s LOAC Summary Note (1992) provides: “The identity of POWs [prisoners of war] shall be established as soon as possible.” 

France’s LOAC Teaching Note (2000) provides that the identity of every prisoner of war “shall be established as soon as possible and be mentioned on an identity card which shall be given to him at this occasion”. 

Germany’s Military Manual (1992) provides:

Germany’s Soldiers’ Manual (2006) states:

Guinea’s Soldier’s Manual (2010), under the heading “Imprisoned enemy combatants”, states: “Their families must be informed of their detention.” 

Guinea’s Disciplinary Regulations (2012) states:

India’s Manual of Military Law (1983) provides that after arrest under the Armed Forces (Special Powers) Act, a list of persons arrested shall be prepared. 

Indonesia’s Military Manual (1982) states: “The parties to the conflict should maintain a register of captured persons, imprisoned persons, detainees and those who have died after capture.” 

According to Israel’s Manual on the Laws of War (1998), during the Yom Kippur War, “the Arab States deprived Israeli prisoners of war of their rights according to the Geneva Convention, and even refused to hand over lists of the prisoners held by them”. 

Madagascar’s Military Manual (1994) provides that to protect victims of armed conflict, the ICRC shall “record the prisoners of war to prevent their disappearance”. 

Mali’s Army Regulations (1979) provides: “The list of evacuated prisoners must be established as soon as possible.” 

Mexico’s Army and Air Force Manual (2009) states that Article 17 of the 1949 Geneva Convention III “provides that prisoners of war are bound to give their surname, first names, rank, date of birth and army, regimental, personal or serial number or, failing this, equivalent information.” 

Morocco’s Disciplinary Regulations (1974) provides that a list of evacuated prisoners must be established as soon as possible. 

The Military Manual (1993) of the Netherlands provides:

The Military Manual (2005) of the Netherlands states:

New Zealand’s Military Manual (1992) provides that an official information bureau shall be set up at the outbreak of hostilities in order to collect and transfer all information concerning prisoners of war. 

Peru’s IHL Manual (2004) states with regard to the evacuation of prisoners of war: “As soon as possible, a list of the names of the evacuated prisoners of war must be drawn up.” 

Peru’s IHL and Human Rights Manual (2010) states with regard to the evacuation of prisoners of war: “As soon as possible, a list of the names of the evacuated prisoners of war must be drawn up.” 

Poland’s Prisoner of War Handling Procedures (2009) states:

The Russian Federation’s Regulations on the Application of IHL (2001) states:

Senegal’s IHL Manual (1999) provides that, in a situation of internal disturbances, a list of arrested persons shall be made and sent to the ICRC. 

Sierra Leone’s Instructor Manual (2007) states:

South Africa’s LOAC Teaching Manual (2008) states:

Spain’s LOAC Manual (1996) provides:

Spain’s LOAC Manual (2007) states:

Switzerland’s Basic Military Manual (1987) states: “Upon the outbreak of a conflict and in all cases of occupation, official bureaux of information shall be created on the territory of the Parties to the conflict and on those of the Neutral Powers having received members of foreign armed forces.” It adds: “A Central Prisoners of War Information Agency shall be created in a neutral country by the ICRC. The Agency shall collect all the important information on prisoners and transmit it as rapidly as possible to the country of origin of the prisoners of war.” 

Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:

Tajikistan’s Manual of Internal Service of the Armed Forces (2001) states: “The military serviceman captured by an enemy has a right, during an interrogation, to inform on only his surname, name, patronymic, military rank, date of birth and personal number.” 

Ukraine’s IHL Manual (2004) states: “Initial registration shall be made in the form of a list of prisoners of war indicating their surnames, names and patronymics, rank, date of birth and personal number (or other equivalent information).” 

The UK Military Manual (1958) provides:

The UK LOAC Manual (2004) provides:

The US Field Manual (1956) reproduces Articles 122 and 123 of the 1949 Geneva Convention III. 

The US Air Force Pamphlet (1976) provides: “Each party to the conflict must issue an identity card to every person under its jurisdiction liable to become a PW [prisoner of war] showing name, rank, serial number, and date of birth.” 

The US Naval Handbook (2007) states: “All detainees shall … [h]ave their person and their property accounted for and records maintained.” 

The US Manual on Detainee Operations (2008) states:

Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Enemy prisoners”, states: “Their families must be informed of their capture.” 

Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles:

Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides:

Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 

Bosnia and Herzegovina’s Criminal Procedure Code (2003) states:

China’s Martial Law (1996) states:

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Guinea’s Children’s Code (2008) states:

Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 122 and 123 of the Geneva Convention III and Articles 136, 137 and 140 of the Geneva Convention IV, is a punishable offence. 

Japan’s Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations (2004) states:

Norway’s Military Penal Code (1902), as amended, provides:

Somalia’s Military Criminal Code (1963) states:

South Africa’s Constitution (1996), as amended to 2003, states:

South Africa’s Implementation of the Geneva Conventions Act (2012) states: “A protected prisoner of war who is in the custody of the South African National Defence Force must be granted the protection of the [1949] Third [Geneva] Convention or the [1949] Fourth [Geneva] Convention, as the case may be.” 

Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust employ all means [when detained] to avoid responding to any other questions that do not concern providing his or her name and surname, rank, affiliation and date of birth”. 

Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:

Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:

In 2008, in the Amnesty International Canada case, Canada’s Federal Court dismissed an application for judicial review on the basis of the Canadian Charter of Rights and Freedoms with respect to persons detained by the Canadian Forces (CF) in Afghanistan and their transfer to Afghan authorities. The Federal Court stated:

In June 2003, in its consideration of the budget statements for the Department of Defence, the Australian Senate’s Foreign Affairs, Defence and Trade Legislation Committee was provided with a portfolio overview. This prompted a number of questions from the Committee addressed to, inter alia, the Director-General of the Defence Legal Service on the handling of prisoners of war arising from the Iraq War. Commodore Smith’s responses to these questions included:

In 1995, during a debate in the UN Security Council regarding persons unaccounted for in Bosnia and Herzegovina, Botswana stressed that the Bosnian Serbs had an obligation under international law to facilitate the registration of all persons they held prisoner. 

In 2005, in response to a question concerning the transfer of persons captured by Canadian Forces to US armed forces, the Parliamentary Secretary to Canada’s Minister of National Defence stated:

In 2006, in a report in response to a request by the Parliamentary Control Panel (parliamentary body controlling intelligence services) regarding incidents relating to the Iraq war and the fight against international terrorism, Germany’s Federal Government stated:

The Report on the Practice of Israel states: “The IDF [Israel Defense Forces] takes great care to ensure that all individuals detained or captured by it are meticulously documented, so as to enable their speedy identification and repatriation where feasible.” 

In 2010, during the consideration of the Status of the 1977 Additional Protocols by the Sixth Committee of the UN General Assembly, a statement of the delegation of Malaysia was summarized by the Committee in its records as follows:

In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated:

In 2007, in its comments to the conclusions and recommendations of the Committee against Torture, Nepal wrote:

In 2009, in its combined third and fourth periodic reports to the Committee against Torture, Sri Lanka stated:

In 1991, in a report submitted to the UN Security Council on operations in the Gulf War, the United Kingdom stated:

In 2003, during a debate in the House of Lords, the UK Parliamentary Under-Secretary of State for Defence, Lord Bach, replied to a question:

In 2003, in a reply to a written question in the House of Commons, the UK Minister of State for the Armed Forces, Ministry of Defence, wrote:

In 2010, the UK Secretary of State for Defence set out the Ministry of Defence Strategic Detention Policy, stating:

On 25 August 2004, the report of an investigation into allegations that members of the 205th Military Intelligence Brigade had been involved in detainee abuse at the Abu Ghraib Detention Facility (an investigation ordered by the Commander, Combined Joint Task Force Seven (CJTF-7), and later supplemented with the appointment of an additional and more senior investigating officer by the Commander, US Army Materiel Command), was completed and forwarded to the ordering authorities. The report, authored by Lieutenant General Anthony R. Jones and Major General George R. Fay, found:

In a resolution adopted in 1999 on the situation of human rights in Kosovo, the UN General Assembly demanded that the representatives of the Federal Republic of Yugoslavia (FRY) “provide an updated list of all persons detained and transferred from Kosovo to other parts of the FRY, specifying the charge, if any, under which each individual is detained”. 

In a resolution adopted in 2003 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly called upon all States to “provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and its associated personnel”. 

In a resolution adopted in 2004 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly called upon all States to “provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and its associated personnel”. 

In a resolution adopted in 2005 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly called upon all States to “provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and associated personnel”. 

In a resolution adopted in 2005 on enforced or involuntary disappearances, the UN Commission on Human Rights urged States:

In a resolution adopted in 1985 on the question of human rights of persons subjected to any form of detention or imprisonment, the UN Sub-Commission on Human Rights recommended the adoption of a Declaration against Unacknowledged Detention providing that governments shall

No data.

The 21st International Conference of the Red Cross in 1969 adopted a resolution on the protection of prisoners of war in which it recognized that irrespective of the 1949 Geneva Convention III, “the international community has consistently demanded humane treatment for prisoners of war, including identification and accounting for all prisoners”. 

In its report in Kurt v. Turkey in 1996, the European Commission of Human Rights found that “the absence of holding data recording such matters as the date, time and location of detention, the name of the detainee as well as the reasons for the detention … [had to] be seen as incompatible with the very purpose of Article 5 of the Convention” on the right to liberty and security. 

In its judgment in Kurt v. Turkey in 1998, the European Commission of Human Rights held:

In the section of its Annual Report 1980–1981 concerning disappearance after detention, the Inter-American Commission on Human Rights recommended that “central records be established to account for all persons that have been detained, so that their relatives and other interested persons may promptly learn of any arrests”. 

In the section of its Annual Report 1987–1988 concerning Guatemala, the Inter-American Commission on Human Rights made the following recommendation to the Government of Guatemala:

To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that prisoners of war shall be identified, listed and the location of camps given to the parties concerned. 

According to the ICRC, all parties to an international armed conflict have the obligation to collect and forward information on protected persons. The detaining party must notify the adverse party, via the Protecting Power and the Central Tracing Agency, of all the details specified under IHL. In practice, the Tracing Agency does not always confine itself to playing the role of intermediary, but actively seeks to ensure that the parties collect and pass on such information; in some cases, it even does so itself. In non-international armed conflicts, international humanitarian treaty law does not provide for the collection of information on persons deprived of their liberty to the same extent as it does in international armed conflicts. However, it is essential that such information be gathered if detainees are to be followed individually, in some cases after their release. The ICRC therefore asks the authorities for lists of persons deprived of their liberty with whom it is concerned. If no lists are forthcoming, it draws them up itself when conducting its visits. By recording names and keeping track of the persons it visits, the ICRC can prevent extra-judicial executions and enforced disappearances and follow each person throughout his/her period of deprivation of liberty (arrest, transfer, release, etc.). Moreover, in cases where the authorities do not draw up lists or keep a register of names, the ICRC recommends that such a register be kept along with reliable information on the arrest, transfer, whereabouts and release of persons deprived of their liberty. In non-international armed conflicts, as opposed to international ones, the Tracing Agency does not notify the names of detainees to the adverse party. Whether an armed conflict is international or not, the ICRC never forwards information on persons deprived of their liberty if this could have adverse consequences for them or their families.

In 1992, the ICRC solemnly appealed to all parties to the conflict in Bosnia and Herzegovina to “notify [it] immediately of all places of detention in Bosnia and Herzegovina, and [to] supply accurate lists of all persons held in such places”. 

Section 24(1) of the SPLM/A Penal and Disciplinary Laws requires that “every Battalion Commander shall maintain a register” of military personnel and the keeping of records pertaining to such personnel in the SPLM/A headquarters, on the premise that this will facilitate the search for any persons who later go missing. 

The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “Accurate information on … detention and whereabouts [of persons deprived of their liberty], including transfers, shall be made promptly available to their family members and counsel or other persons having a legitimate interest in the information.”