Practice Relating to Rule 88. Non-Discrimination
Section D. Persons deprived of their liberty
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].
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.