Practice Relating to Rule 99. Deprivation of Liberty
France’s LOAC Summary Note (1992) provides that “illegal detention” is a grave breach of the 1949 Geneva Conventions.
France’s LOAC Teaching Note (2000) provides: “Protected persons shall not be detained arbitrarily.”
France’s LOAC Manual (2001) provides under the heading “Interned persons”:
Decisions on internment are taken by military or administrative authorities, whereas decisions on detention in principle come under the competence of judicial authorities. The law of armed conflicts does not refer to the internment measures in the case of internal armed conflicts.