Section D. Persons deprived of their liberty
Geneva Convention III
Article 14, second paragraph, of the 1949 Geneva Convention III provides: “Women shall be treated with all regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.”
Geneva Convention III
Article 16 of the 1949 Geneva Convention III provides:
All prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
Standard Minimum Rules for the Treatment of Prisoners
Rule 6(1) of the 1955 Standard Minimum Rules for the Treatment of Prisoners provides:
The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
European Prison Rules
Rule 2 of the 1987 European Prison Rules provides: “The rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, birth, economic or other status”.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
Principle 5 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides:
These principles shall be applied to all persons within the territory of any given State, without distinction of any kind, such as race, colour, sex, language, religion or religious belief, political or other opinion, national, ethnic or social origin, property, birth or other status.
Basic Principles for the Treatment of Prisoners
Paragraph 2 of the 1990 Basic Principles for the Treatment of Prisoners provides: “There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 3 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provides: “Captured combatants shall enjoy the treatment provided for by [the 1949 Geneva Convention III].”
Argentina
Argentina’s Law of War Manual (1969) provides: “All prisoners shall be treated in the same way by the detaining power, without any adverse distinction based on race, nationality, religion, political opinions or any other similar criteria.”
Argentina
Argentina’s Law of War Manual (1989) provides: “Prisoners of war, at all times, shall be treated … equally without distinction based on rank, sex, race, nationality, age, religion, political opinion, professional skills, etc.”
Australia
Australia’s Defence Force Manual (1994) states that one of the fundamental rules for the treatment of prisoners of war is that “any discrimination on the grounds of race, nationality, religious belief or political opinions is unlawful”.
Australia
Australia’s LOAC Manual (2006) states:
10.2 The fundamental rules for the treatment of PW [prisoners of war] are:
…
- any discrimination on the grounds of race, nationality, religious belief or political opinions is unlawful.
…
10.21 All PW shall be treated without distinction based on race, nationality, religious belief or political opinions or any other distinction subject to privileged treatment which may be given to them by reason of their rank and sex, state of health, age or professional qualifications.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commander’s Manual (1994).
Benin
Benin’s Military Manual (1995) provides: “Prisoners of war … shall be treated alike.”
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states: “Prisoners of war must be treated without any distinction based on role, sex or religion.”
Cameroon
Cameroon’s Instructor’s Manual (2006) states that members of the armed forces are obliged “to treat humanely and without distinction all regular combatants
hors de combat”.
Canada
Canada’s LOAC Manual (1999) provides: “All POWs [prisoners of war] are to be treated alike without any adverse distinction based on race, nationality, religious belief, or political opinions, or any other distinction founded on similar criteria.”
With regard to non-international armed conflict, the manual states: “The wounded and sick among [persons whose liberty has been restricted] are to be treated humanely.”
Canada
Canada’s Code of Conduct (2001) states: “The standard of treatment which applies to all detained persons, without adverse distinction based on race, nationality, sex, religious belief or political opinion, is a long standing rule.”
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs):
Subject to specified advantageous differences in treatment based on rank, gender or health, all PWs are to be treated alike without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
In its chapter on non-international armed conflicts, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
By Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply, as a minimum, the following provisions:
a. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, gender, birth or wealth, or any other similar criteria.
In the same chapter, the manual further states:
1711. No Adverse Discrimination
1. [Additional Protocol II] applies without any adverse distinction founded on race, colour, gender, language, religion or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
2. [Additional Protocol II] provides that all persons not participating in the conflict or who have ceased to do so are entitled, whether under restriction or not, to respect for their persons, honour and convictions, and religious practices, and are, in all circumstances, to be treated humanely and without adverse distinction.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states that, with regards to constraints placed on the interrogation and tactical questioning of prisoners of war, “adverse treatment on the basis of sex, sexual orientation, or ethnic, religious or cultural background” is specifically prohibited.
Canada
Canada’s Code of Conduct (2005) instructs Canadian Forces (CF) personnel:
Rule 4
…
3. On occasion it may be necessary to detain civilians who as a result of their actions are considered to be opposing forces. For example, looters or other common criminals may have to be detained in order to protect the military compound. In certain circumstances, civilians who interfere with and prevent the CF from accomplishing the mission may also be detained when authorized by the ROE [rules of engagement]. These civilians become “detainees” and as such, shall be treated at least as well as any other detained persons (see Rule # 6).
…
Rule 6
…
3. The primary reasons for which members of the CF may be called upon to detain individuals in the course of an operation are to prevent their further participation in a conflict or, when authorized, to prevent them from interfering with the military mission. The reason for captivity is never related to revenge or punishment. The concept of humane treatment toward those under your control and the standard of treatment which applies to all detained persons, without adverse distinction based on race, nationality, sex, religious belief or political opinion, is a long standing rule.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
Persons not or no longer participating in hostilities, including … persons rendered
hors de combat by … detention … must in all circumstances be treated humanely, without any distinction founded on race, religion, faith, sex, social class, or any other similar criteria.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
II.1.2. Adverse discrimination prohibited
Subject to certain advantageous differences in treatment based on rank, sex or health, all POWs [prisoners of war] shall be treated alike, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
Ecuador
Ecuador’s Naval Manual (1989) provides: “When prisoners of war are given medical treatment, no distinction among them will be based on any grounds other than medical ones.”
Germany
Germany’s Soldiers’ Manual (1991) recalls the prohibition of any distinction based on race, nationality, religion or political opinions in the treatment of captured combatants.
Germany
Germany’s Military Manual (1992) provides that, with regard to the treatment of prisoners of war, one of the fundamental rules is the unlawfulness of any discrimination on the grounds of race, nationality, religious belief or political opinions or similar criteria.
Germany
Germany’s Soldiers’ Manual (2006) states under the heading “Protection of prisoners of war”: “Distinctions based on race, nationality, religion or political reasons are impermissible.”
Ireland
Ireland’s Basic LOAC Guide (2005) states that prisoners of war “must be treated alike by the Detaining Power, without regard to race, nationality, religious beliefs, political opinions, etc.”
Netherlands
The Military Manual (1993) of the Netherlands states:
Prisoners shall be treated with equality, without any distinction based on race, nationality, religion, political beliefs or any other criteria. The only exception is the preferential treatment based on the health situation, age …
Netherlands
The Military Manual (2005) of the Netherlands states: “Captivity in war is not a punishment, but only a means of preventing the opponent from playing any further part in the conflict.”
The manual further states:
In principle, prisoners of war must be treated alike, without adverse distinction based on race, nationality, religious belief, political opinions or any other similar criteria. An exception to this principle exists when preferential treatment is desirable due to gender (see point 0719), state of health, age or special skill. Different treatment on the grounds of military rank is permitted, and even mandatory to a certain degree.
In its chapter on peace operations, the manual states: “Detainees must also be treated equally.”
New Zealand
New Zealand’s Military Manual (1992), under the heading “Adverse discrimination prohibited”, recalls:
By Article 16 of [the 1949 Geneva Convention III], subject to differences in treatment based on rank, sex, or health, all prisoners are to be treated alike without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
Nigeria
Nigeria’s Manual on the Laws of War provides that no discrimination with regard to prisoners of war is permitted.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations, including those who have been rendered
hors de combat by … detention … without adverse distinction for reasons of race, colour, faith, birth, wealth or any other similar criteria.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) provides: “All POWs [prisoners of war] must be treated humanely and without discrimination based on sex, nationality, race, religion, or political belief.”
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
1.5 Application of LOAC [law of armed conflict] during armed conflict []to the position of participants and non-participants
…
- Minimum Protection of Persons Who Participated in Hostilities. Article 45.3 read with article 75.1 Additional Protocol I determines that any person who has taken part in hostilities and any other person who is in the power of a Party to a conflict, who is not entitled [to] POW [prisoner-of-war] status and who does not benefit from more favourable treatment under the Conventions and the Protocol shall be treated humanely and shall enjoy, as a minimum, the protection of fundamental judicial guarantees without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
…
Conclusion
…
Any person in the power of a Party to a conflict, who is not entitled [to] POW status and who does not benefit from more favourable treatment under the LOAC shall be treated humanely and shall enjoy, as a minimum, the protection of fundamental judicial guarantees without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
Spain
Spain’s LOAC Manual (1996) lists among the rules for the basic treatment of prisoners of war the prohibition of any “discrimination based on sex, race, nationality or political opinion”.
Spain
Spain’s LOAC Manual (2007) lists among the rules for the general treatment of prisoners of war: “They must … not be discriminated against on the grounds of sex, race, nationality or political opinion.”
Switzerland
Switzerland’s Basic Military Manual (1987) recalls: “No adverse distinction can be based on race, nationality, religion, political opinions, language, colour, social condition, birth or other similar criteria.”
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
Prisoners must be humanely treated at any time and in any place. Any act of torture, physical or mental ill-treatment, degrading treatment or discrimination as well as measures of reprisal are prohibited. The State is responsible for the treatment of prisoners; each individual may be held liable for violations.
[emphasis in original]
Togo
Togo’s Military Manual (1996) provides: “Prisoners of war … shall be treated alike.”
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) prohibits discrimination in the treatment of prisoners of war and restates the provisions of common Article 3 of the 1949 Geneva Conventions. The Military Manual also quotes Article 14 of the 1949 Geneva Convention III.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) prohibits discrimination in the treatment of prisoners of war and restates the provisions of common Article 3 of the 1949 Geneva Conventions.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
Prisoners of war must be humanely treated and their persons and honour respected at all times. “Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.”
The manual further states:
There must be no adverse discrimination towards prisoners of war based on race, nationality, religious belief, political opinions or similar criteria. However, the detaining power is permitted to allow privileged treatment to prisoners of war by virtue of their rank, state of health, age or professional qualifications as well as the special rules already mentioned relating to women.
In its chapter on internal armed conflict, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
Under the terms of Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply ‘as a minimum’, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
United States of America
The US Field Manual (1956) provides: “All POWs [prisoners of war] shall be treated alike without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.”
United States of America
The US Air Force Pamphlet (1976) prohibits any adverse distinction with regard to prisoners of war.
United States of America
The US Naval Handbook (1995) provides: “When prisoners of war are given medical treatment, no distinction among them will be based on any grounds other than medical ones.”
United States of America
The US Naval Handbook (2007) states: “Humane treatment is … [to] be afforded to all detained persons without adverse distinction based on race, color, religion or faith, sex, birth or wealth, or any other similar criteria”.
The Handbook also states: “When prisoners of war are given medical treatment, no distinction among them will be based on any grounds other than medical ones.”
United States of America
The US Manual on Detainee Operations (2008) states:
DODD 2310.01E [Department of Defense Directive, The Department of Defense Detainee Program] requires that all DOD [Department of Defense] personnel and contractors will apply, without regard to a detainee’s legal status, at a minimum, the standards articulated in Common Article 3 to the Geneva Conventions of 1949 …
Article 3 Common to the Geneva Conventions of 1949
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities … shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
The manual also states:
The detaining power is … prohibited from imposing any adverse distinctions within the detainee population based on religion. In this regard, it should be noted that in some situations, segregating the detainee population based on religious affiliation may be beneficial and therefore not prohibited, particularly when conflict has been based in part on religious affiliation.
Afghanistan
Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles:
Article 4. Observance of Human Rights
1. Employees of Juvenile Justice Department Centres (JJDC) & Juvenile Rehabilitation Centres (JRCs), prosecutors, judges and other individuals who are dealing with the juveniles … must communicate with convicted juveniles impartially and … without any discrimination.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that in international and non-international armed conflicts:
Persons detained by an individual, a group of persons, some organization or military unit from the Republic of Azerbaijan as a party to the conflict, are entitled to respect for their dignity and honour irrespective of their status, nationality, religion, language, political opinions, their belonging to a defined social group or other similar criteria.
Bangladesh
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.
Denmark
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].
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 14 and 16 of the Geneva Convention III, is a punishable offence.
Japan
Japan’s Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations (2004) states:
The protection to be given to prisoners of war and other detainees pursuant to the provisions of this Act (including orders based on this Act) shall not be unjustly discriminative based on race, nationality, religious or political opinions or any other similar criteria.
Norway
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 … is liable to imprisonment.
Peru
Peru’s Code of Military and Police Justice (2006) states: “In a Military and Police Confinement Centre, any form of discrimination based on nationality, age, gender, race, religion, economic or social status, legal status, military or police rank, or other ground shall be prohibited.”
Peru
Peru’s Decree on the Use of Force by the Armed Forces (2010) states:
Persons who have laid down their arms as well as persons placed
hors de combat by … detention … must in all circumstances be treated … without any unfavourable distinction based on race, colour, religion or belief, sex, birth, socio-economic status or any other similar criterion.
Serbia
Serbia’s Law on Enforcement of Penal Sanctions (2005) states: “A prisoner shall not be discriminated [against] on grounds of race, colour, sex, language, religion, political or other convictions, ethnic or social origin, financial status, education, social or other personal status.”
Somalia
Somalia’s Military Criminal Code (1963) states:
A commander who causes serious harm to lawful enemy belligerents who have fallen into his power … by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years.
South Africa
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.”
The Act defines a “protected prisoner of war” as a “person protected by the Third Convention or a person who is protected as a prisoner of war under [the 1977 Additional] Protocol I”.
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust treat and care for … prisoners [and] detainees … that are in their power without any adverse distinction.”
No data.
Denmark
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, when discussing the protection afforded to prisoners of war under the 1949 Geneva Convention III, the Danish Ministry of Defence stated:
In addition, prisoners of war must at all times be treated humanely and treated equally, meaning that there is a prohibition against discrimination, although subject to preferential treatment based on rank, sex, health status, age or professional qualifications.
Switzerland
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
…
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions.

[footnotes in original omitted]
Switzerland
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Appeal by the Swiss authorities for compliance with international humanitarian law in Syria”, which stated: “Persons who are not or no longer taking part in the hostilities must be treated humanely without any discrimination. This is especially important in the case of detainees.”
No data.
No data.
No data.
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ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:
All prisoners of war must be treated alike, subject … to the provisions of [the 1949 Geneva Convention III and the 1977 Additional Protocol I] relating to rank, sex and age … [and] to any privileged treatment accorded to them by reason of their state of health, age or professional qualification.
No data.