Related Rule
Australia
Practice Relating to Rule 99. Deprivation of Liberty
Australia’s Commanders’ Guide (1994) states that unlawful confinement of a protected person is a grave breach of the 1949 Geneva Conventions and warrants the institution of criminal proceedings. 
Australia, Law of Armed Conflict, Commanders Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(d).
Australia’s LOAC Manual (2006) states:
Grave breaches under the Geneva Conventions consist of any of the following acts against persons or property protected under the provisions of the relevant Convention:
• … unlawful confinement. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.25.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Under Australia’s War Crimes Act (1945), as amended in 2001, the internment of a person in a death camp or a slave labour camp is a serious war crime. 
Australia, War Crimes Act, 1945, as amended 2001, Section 6.
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence.” 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to war crimes that are grave breaches of the 1949 Geneva Conventions and of the 1977 Additional Protocol I:
War crime – unlawful confinement
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully confines or continues to confine one or more persons to a certain location; and
(b) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b). 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.33, pp. 324–325.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “unlawful confinement” in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.33.
On 4 October 2005, in response to a Question on Notice in the Senate regarding Australia’s policy on rendition: “Does the Government approve or disapprove of the United States of America’s policy of rendition, that is, kidnapping people for transfer to, and interrogation in, third countries which permit torture”, the Minister representing the Attorney-General responded: “The Government’s policy is that persons should only be transferred to another country through recognised legal means or where legal authority exists, such as extradition.” 
Australia, Senate, Minister representing the Attorney-General, Question on Notice: Rendition Policy, Hansard, 4 October 2005, p.86.
Australia’s LOAC Manual (2006) states: “Where a person is arrested, detained or interned for actions related to the armed conflict, they must be informed promptly in a language that they understand of the reason for these measures.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.47.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Crimes Act (1914), as amended to 2007, states:
3ZD Persons to be informed of grounds of arrest
(1) A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which the other person is being arrested.
(2) It is sufficient if the other person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.
(3) Subsection (1) does not apply to the arrest of the other person if:
(a) the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or
(b) the other person’s actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested. 
Australia, Crimes Act, 1914, as amended to 2007, Part IAA, Division 4, s.3ZD, p. 48.