Related Rule
Denmark
Practice Relating to Rule 87. Humane Treatment
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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]. 
Denmark, Military Criminal Code, 2005, § 36(2).
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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]. 
Denmark, Military Criminal Code, 2005, § 36(2).
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, Denmark’s Ministry of Defence stated: “Civilians enjoy comprehensive protection under the Fourth Geneva Convention. … They shall at all times be humanely treated.” 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 4.
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Denmark’s Directive on the Ban on Torture (2008) states: “Central to the issue [of the ban on torture and cruel, inhuman or degrading treatment or punishment] is that detainees are treated well and humanely.” 
Denmark, Forbud Mod Tortur og Anden Grusom, Umenneskelig Eller Nedværdigende Behandling Eller Straf, FKODIR 005-01, Forsvarskommandoen, September 2008, p. 4.
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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]. 
Denmark, Military Criminal Code, 2005, § 36(2).
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, Denmark’s Ministry of Defence stated: “Anyone who is detained, whatever his status under the [1949] Geneva Conventions, must as a minimum be treated humanely.” 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 2.
The ministry further stated:
The requirement for humane treatment of detainees – no matter their status – is also apparent from the Geneva Convention’s Common Article 3 on non-international armed conflicts, which today is perceived as customary law applying to all armed conflicts. 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 4.
Furthermore, the ministry noted:
[The Defence Command’s confidential Directive for the Army Operational Command concerning the use of force during Operation Enduring Freedom, 24 January 2002, states:] “Denmark is responsible for ensuring that all detained personnel shall be treated humanely, including personnel with the right to prisoners of war status […]” It is also clear that the force can detain civilians who prevent the completion of the operation, or if they possess information that is important for the completion of the operation. These civilians may, under the necessary protection and with the consent of the Head of the Danish special operation forces, be left to a superior authority – in this case the U.S. military leadership on the spot – in order [to] enable interrogation. However, these civilians cannot be left where there is real reason to fear that they will not be treated human[e]ly. 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 7.
Lastly, with regard to the transfer of detainees to other States, the ministry stated:
It is clear from this Report that the determining factor of whether a transfer is in accordance with international law is whether the receiving state has acceded to the [1949 Geneva Convention III] and is willing and able to apply it. This condition may, according to the Report, be considered to be satisfied even if the states employing the Convention may have partly differing views on certain issues related to the interpretation of [the] Convention. However, there must in all circumstances exist a basis for believing that the receiving state will treat detainees humanely and grant them basic rights under Conventions. 
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, pp. 19–20.