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