Practice Relating to Rule 99. Deprivation of Liberty
New Zealand’s Military Manual (1992) provides that unlawful confinement of a protected civilian is a grave breach of the 1949 Geneva Conventions.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence.”
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(a)(vii) of the 1998 ICC Statute.
New Zealand’s Military Manual (1992) provides: “Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken.”
New Zealand’s Military Manual (1992) provides:
A person who has been interned or placed in an assigned residence is entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board of the belligerent. If the internment or placing in assigned residence is maintained, the court or administrative board must periodically, and at least twice yearly, reconsider the case with a view, if circumstances permit, to the favourable amendment of the initial decision.