Related Rule
South Africa
Practice Relating to Rule 124. ICRC Access to Persons Deprived of Their Liberty
South Africa’s LOAC Teaching Manual (2008) states:
1.2 Reasons for compliance with LOAC [law of armed conflict] and basic principles thereof.
Fundamental Norms and Values (rules)
The fundamental norms/val[u]es which underlie the LOAC are:
- All persons who are captured or under the authority of an adverse party are entitled to, as a minimum, the protection and guarantees bestowed upon prisoners of war (POW).
1.4 Different Types of armed Conflict and those bound by LOAC
Current Op[]inio Juris on Common Article 3 [of the 1949] Geneva Conventions. This article determines that, in the case of armed conflicts not of an international character, each Party to the conflict shall be bound to apply certain minimum rules. Although originally written for situations of non-international armed conflict, the current legal opinion is that its contents are so fundamental that it is applicable in both international and non-international armed conflicts. The minimum rules contained in Common article 3 Geneva Conventions, are the following:
- An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, pp. 13, 16–17, 26 and 29–30.
The manual also states:
2.3 Specifically Protected Persons and Objects …
c. Prisoners of War
POW have the right to;
- be visited by members of the ICRC.
2.4 Specifically Protected Persons and Objects:
a. Civilians
Protection of protected persons entails the following:
- Protected persons must be able to apply for assistance from the Protecting Power, the ICRC, the National Red Cross/Crescent Societies, or any other organisation which may assist them. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 72, 91, 98, 112 and 124.
South Africa’s State of Emergency Act (1997) states:
PREAMBLE
WHEREAS section 37 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides that a state of emergency may be declared only in terms of an Act of Parliament, and only when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency and the declaration is necessary to restore peace and order;
Emergency regulations
2. …
(4) Regulations governing the detention of persons shall provide for such international humanitarian organisations as may be recognised by the Republic to have access to persons detained under such regulations in order to monitor the circumstances under which such persons are detained. 
South Africa, State of Emergency Act, 1997, Preamble and Section 2(4).
South Africa’s Implementation of the Geneva Conventions Act (2012) states: “A protected prisoner of war who is in the custody of the South African National Defence Force must be granted the protection of the [1949] Third [Geneva] Convention or the [1949] Fourth [Geneva] Convention, as the case may be.” 
South Africa, Implementation of the Geneva Conventions Act, 2012, Section 12(2).
The Act defines a “protected prisoner of war” as a “person protected by the Third Convention or a person who is protected as a prisoner of war under [the 1977 Additional] Protocol I”. 
South Africa, Implementation of the Geneva Conventions Act, 2012, Section 1.