Practice Relating to Rule 118. Provision of Basic Necessities to Persons Deprived of Their Liberty

Hague Regulations (1899)
Article 7 of the 1899 Hague Regulations provides:
The Government into whose hands prisoners of war have fallen is bound to maintain them.
Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 7.
Hague Regulations (1907)
Article 7 of the 1907 Hague Regulations provides:
The Government into whose hands prisoners of war have fallen is charged with their maintenance. In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 7.
Geneva Convention III
Articles 25–32 of the 1949 Geneva Convention III deal with the provision of appropriate shelter, food, clothing, canteens, hygiene and medical care to prisoners of war. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Articles 25–32.
Geneva Convention III
Article 72, first, second and fourth paragraphs, of the 1949 Geneva Convention III provides:
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, education or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 72, first, second and fourth paras.
Geneva Convention III
Article 73, first paragraph, of the 1949 Geneva Convention III provides:
In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 73, first para.
Geneva Convention III
Article 125, first paragraph, of the 1949 Geneva Convention III provides:
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 125, first para.
Geneva Convention IV
Article 76, seventh paragraph, of the 1949 Geneva Convention IV provides that protected persons who are detained “shall have the right to receive at least one relief parcel monthly”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 76, seventh para.
Geneva Convention IV
Articles 85, 87 and 89–92 of the 1949 Geneva Convention IV deal with the provision of appropriate shelter, food, clothing, canteens, hygiene and medical care to civilian internees. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Articles 85, 87 and 89–92.
Geneva Convention IV
Article 108 of the 1949 Geneva Convention IV provides:
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 108.
Geneva Convention IV
Article 109, first paragraph, of the 1949 Geneva Convention IV provides:
In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 109, first para.
Geneva Convention IV
Article 142, first paragraph, of the 1949 Geneva Convention IV provides:
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 142, first para.
Panmunjom Armistice Agreement
Article III(57)(a) of the 1953 Panmunjom Armistice Agreement provides that joint Red Cross teams “shall visit the prisoner of war camps of both sides to comfort the prisoners of war and to bring in and distribute gift articles for the comfort and welfare of the prisoners of war”. 
Agreement between the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, on the other hand, concerning a Military Armistice in Korea, Panmunjom, 27 July 1953, Article III(57)(a).
Paragraphs 14 and 17 of the Annex to the Armistice Agreement (establishing a Neutral Nations Repatriation Commission) state:
14. Each side shall provide logistical support for the prisoners of war in the area under its military control, delivering required support to the Neutral Nations Repatriation Commission at an agreed delivery point in the vicinity of each prisoner of war installation.
17. The Neutral Nations Repatriation Commission shall provide medical support for the prisoners of war as may be practicable. The detaining side shall provide medical support as practicable upon the request of the Neutral Nations Repatriation Commission and specifically for those cases requiring extensive treatment or hospitalization.  
Agreement between the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, on the other hand, concerning a Military Armistice in Korea, Panmunjom, 27 July 1953, Annex, §§ 14 and 17.
Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam
Article 8 of the Protocol to the 1973 Agreement on Ending the War and Restoring Peace in Viet-Nam states that all captured military personnel and captured civilians “shall be given adequate food, clothing, shelter and medical attention required for their state of health. They shall be allowed … to receive parcels” from their families. 
Protocol on Ending the War and Restoring Peace in Viet-Nam concerning the Return of Captured Military Personnel and Foreign Civilians and Captured and Detained Vietnamese Personnel, signed on behalf of the United States of America, the Republic of Viet-Nam, the Democratic Republic of Viet-Nam, and the Provisional Revolutionary Government of South Viet-Nam, Paris, 27 January 1973, Article 8.
Additional Protocol II
Article 5(1)(b) of the 1977 Additional Protocol II provides that persons whose liberty has been restricted shall “be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conflict”. Article 5(1)(c) provides that “they shall be allowed to receive individual or collective relief”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 5(1)(b) and (c). Article 5 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 92.
Lieber Code
Article 76 of the 1863 Lieber Code provides: “Prisoners of war shall be fed upon plain and wholesome food, whenever practicable.” Article 79 provides: “Every captured wounded enemy shall be medically treated, according to the ability of the medical staff.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Articles 76 and 79.
Brussels Declaration
Article 27 of the 1874 Brussels Declaration states that, in the absence of an agreement settling the conditions of maintenance of prisoners of war, they “shall be treated as regards food and clothing, on the same footing as the troops of the Government which captured them”. 
Project of an International Declaration concerning the Laws and Customs of War, Brussels, 27 August 1874, Article 27.
Oxford Manual
Article 69 of the 1880 Oxford Manual provides:
The government into whose hands prisoners have fallen is charged with their maintenance. In the absence of an agreement on this point between the belligerent parties, prisoners are treated, as regards food and clothing, on the same peace footing as the troops of the government which captured them. 
The Laws of War on Land, adopted by the Institute of International Law, Oxford, 9 September 1880, Article 69.
Standard Minimum Rules for the Treatment of Prisoners
Rules 9–20 of the 1955 Standard Minimum Rules for the Treatment of Prisoners provide detailed directions concerning accommodation, personal hygiene, clothing, bedding and food. 
Standard Minimum Rules for the Treatment of Prisoners, adopted by the 1st UN Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 30 August 1955, UN Doc. A/CONF/6/1, Annex I, A, adopted on 30 August 1955, approved by the UN Economic and Social Council, Res. 663 C (XXIV), 31 July 1957, extended by Res. 2076 (LXII), 13 May 1977 to persons arrested or imprisoned without charge, Rules 9–20.
European Prison Rules
Rules 14–25 of the 1987 European Prison Rules provide detailed directions concerning accommodation, personal hygiene, clothing, bedding and food. 
Recommendation No. R (87) 3 of the Committee of Ministers to Member States of the Council of Europe on the European Prison Rules, adopted by the Committee of Ministers at the 404th meeting of the Ministers’ Deputies, Strasbourg, 12 February 1987, Rules 14–25.
Code of Conduct for Law Enforcement Officials
Article 6 of the 1979 Code of Conduct for Law Enforcement Officials provides: “Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required.” 
Code of Conduct for Law Enforcement Officials, adopted by the UN General Assembly, Res. 34/169, 17 December 1979, Article 6.
Cairo Declaration on Human Rights in Islam
Article 3(a) of the 1990 Cairo Declaration on Human Rights in Islam provides: “In the event of the use of force and in case of armed conflict … prisoners of war shall have the right to be fed, sheltered and clothed.” 
Cairo Declaration on Human Rights in Islam, adopted at the 19th Session of the Islamic Conference of Foreign Ministers, Res. 49/19-P, Cairo, 5 August 1990, annexed to Letter dated 19 September 1990 from the permanent representative of Egypt to the UN addressed to the UN Secretary-General, UN Doc. A/45/421-S/21797, 20 September 1990, Article 3(a).
Basic Principles for the Treatment of Prisoners
Paragraph 9 of the 1990 Basic Principles for the Treatment of Prisoners provides: “Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.” 
Basic Principles for the Treatment of Prisoners, adopted by the UN General Assembly, Res. 45/111, 14 December 1990, § 9.
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 4(6) of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides: “All persons deprived of their liberty for reasons related to the armed conflict shall … be provided with adequate food and drinking water, and be afforded safeguards as regards to health and hygiene.” 
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, The Hague, 16 March 1998, Part IV, Article 4(6).
UN Secretary-General’s Bulletin
Section 8(c) of the 1999 UN Secretary-General’s Bulletin provides that detained persons “shall be entitled to receive food and clothing, hygiene and medical attention”. 
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 8(c).
Argentina
Argentina’s Law of War Manual (1969) states: “The power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.” 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 2.014.
The manual further lists in detail the basic needs of prisoners of war that must be provided for and under which specific conditions. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, §§ 2.022–2.028.
Argentina
Argentina’s Law of War Manual (1989) provides that prisoners of war shall receive adequate accommodation, food and clothing. 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 3.13.
Australia
Australia’s Commanders’ Guide (1994) provides: “PW [prisoners of war] must at all times receive adequate medical attention, food, clothing and accommodation.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 716.
Under the manual, the same rule applies to captured enemy combatants, who should be treated as being entitled to prisoner-of-war status. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 719.
Australia
Australia’s Defence Force Manual (1994) states: “Food must be sufficient to keep prisoners in good health, and the customs and normal diet of PW [prisoners of war] must be taken into account, i.e. PW dietary practices and customs must be accommodated if possible.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1026.
The manual adds: “Clothing, underwear and footwear must be sufficient and take into account the climate of the region where the PW is detained.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1027.
The manual further states: “Medical personnel of the PW are to be made available to attend to PW.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1029.
Australia
Australia’s LOAC Manual (2006) states:
10.30 Upon capture, any urgent or necessary medical treatment should be provided. If medical personnel or facilities are scarce they should be applied according to strict medical triage. The most gravely wounded or sick are to be given priority, irrespective of whether they are PW [prisoners of war] or soldiers of the capturing force. Immediate shelter, clothing and accommodation are to be provided and evacuation to a PW camp should be undertaken as soon as possible.
Quarters, food and clothing
10.37 Housing. PW must be housed under conditions as favourable as those applicable to members of the detaining power housed in the same area.
10.38 Food. Food must be sufficient to keep prisoners in good health and the customs and normal diet of PW must be taken into account, ie PW dietary practices and customs must be accommodated if possible.
10.39 Clothing. Clothing, underwear and footwear must be sufficient and take into account the climate of the region where the PW is detained.
Medical and hygiene
10.40 The detaining power is bound to take all sanitary measures to ensure cleanliness of and health within the camps and to prevent epidemics. Every PW camp must have an infirmary.
10.41 Medical personnel of the PW are to be made available to attend to PW. Special facilities are to be made available for the care of the disabled, in particular the blind, and for the rehabilitation of those PW, pending repatriation. PW whose condition necessitates special treatment must be admitted to any civilian or military unit where such treatment can be given. PW cannot be prevented from seeking medical attention.
Religious, intellectual and physical activities
10.42 PW are completely free to exercise their religious duties and must be provided with adequate premises where religious services can be held. Chaplains retained by the enemy power are not PW and must be permitted to minister to PW.
10.43 The detaining power must encourage intellectual, educational and recreational pursuits, sports and games and provide adequate premises and equipment for that purpose. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 10.30 and 10.37–10.43.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Benin
Benin’s Military Manual (1995) provides that captured enemy combatants shall have the right to receive relief from their families and shall be cared for. 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, pp. 5 and 11.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that prisoners of war “must be treated humanely (they must be provided with food, drink [and] clothing …)”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 10; see also Part I bis, pp. 24, 55 and 105, and Part I, p. 15.
The Regulations also states that prisoners of war “must receive [medical] treatment free of charge and they must receive the drugs required by their state of health”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 105.
The Regulations further states: “During their evacuation, captured combatants … must receive all necessary care.” 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 24; see also Part I bis, pp. 10 and 56, and Part I, p. 15.
Cameroon
Cameroon’s Disciplinary Regulations (1975) states that prisoners shall be authorized to receive parcels by the intermediary of the ICRC. 
Cameroon, Règlement de discipline dans les Forces Armées, Décret No. 75/700, 6 November 1975, Article 33.
Cameroon
Cameroon’s Instructor’s Manual (1992) provides that captured enemy combatants shall be cared for, fed and protected when necessary. 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 40, § 152, p. 96, § 2 and p. 154, § 541.
Cameroon
Cameroon’s Instructor’s Manual (2006) states that, with regard to prisoners of war, there is an obligation to “safeguard their lives, to protect their health, to secure their medical care and good food, to provide them decent detention conditions, to protect them physically, to protect their place of detention, [and] to provide them with sports and cultural leisure opportunities …”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 111, § 382; see also p. 35, § 141, p. 81, § 331, p. 153, § 441; p. 179, § 491.A and p. 230, § 544.
The manual, under the heading “Land, Maritime and Air Battles”, states with respect to prisoners of war: “They have the right to protection, medical care, clothing, food and drink.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 104, § 372; see also p. 117, § 392, p. 149, § 432 and p. 159, § 451.
The manual also provides that prisoners of war “must be cared for, fed and protected when necessary … Such treatment applies only to combatants who refrain from any hostile acts.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, pp. 230–213, § 544.
The manual, under the heading “Responsibility for Acts or Omissions of which Subordinates Are Accused”, states with regard to prisoners of war that a commander may be held responsible for any act resulting in “the lack of medical care [or] insufficient food” committed by his subordinates. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 99, § 361; see also p. 141, § 421.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states with regard to the treatment of prisoners of war: “They are authorized to send and receive mail, effects and foodstuffs by the intermediary of the International Committee of the Red Cross.” 
Cameroon, Règlement de discipline générale dans les forces de défense, Décret N° 2007/199, Président de la République, 7 July 2007, Article 33.
Canada
Canada’s LOAC Manual (1999) provides that prisoners of war are to receive medical attention, if possible from doctors attached to their own forces or of their own nationality. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-4, § 36.
In respect of internees, the manual states: “The interning power is obligated to maintain interned persons and to provide them with medical care, all free of charge.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-6, § 50.
The manual also states: “Effective measures must be provided with adequate food, water and clothing.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-6, § 55.
The manual further specifies that persons undergoing punishment in occupied territories “must enjoy conditions of food and hygiene sufficient to keep them in good health and at least equal to those obtaining in prisons in the occupied country”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 12-7, § 62(a).
With regard to non-international armed conflicts, the manual states that the persons whose liberty has been restricted must “receive such medical care as their condition requires” and “be supplied with food and water”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-3, § 25.
Canada
Canada’s Code of Conduct (2001) provides: “For the provision of food, water and shelter, the idea is not to treat PWs or detainees better than CF [Canadian Force] members but to treat them at least as well.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 6, § 7.
The Code of Conduct further provides: “All detained persons shall be afforded the necessary medical care.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 6, § 9.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs):
1014. Responsibility
1. The responsibility for the treatment of PWs rests upon the Detaining Power. Failure to properly care for PWs may make that power liable to pay compensation, while the individuals responsible for such ill-treatment or for allowing it to occur, are liable to be tried as war criminals.
1026. Medical and spiritual care
1. PWs are to receive medical and spiritual attention, if possible from doctors or chaplains attached to their own forces or of their own nationality.
2. The Detaining Power must provide retained medical and religious personnel with all the facilities necessary for the medical care and religious ministration to the PWs.
1032. Correspondence
1. PWs … shall also be allowed to receive parcels containing clothing, food, medical supplies, religious and educational material, books, examination papers, musical instruments and the like. They may receive collective relief parcels in accordance with special agreements made between the parties or with the rules annexed to [the 1949 Geneva Convention III], and the distribution of these parcels shall be under the supervision of the Protecting Power or the ICRC. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 1014, 1026 and 1032.
In its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power and, more specifically, in a section entitled “Treatment of internees”, the manual states:
2. … The interning power is obligated to maintain interned persons and to provide them with medical care, all free of charge.
5. The buildings of internment camps must have adequate heat, light and sanitary conveniences. Premises for the holding of religious services must be made available. Canteens must be made available in the camps to purchase local goods unless adequate alternative facilities are available. An adequate number of air raid shelters for the use of internees must be built in every camp.
6. Effective measures must be provided with adequate food, water, and clothing. Internees shall be medically inspected once a month. They shall enjoy complete freedom to practice their own religion. They shall be given the opportunity to participate in educational, intellectual, and recreational pursuits but may not be compelled to participate. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1129.2 and 5–6.
In its chapter on rights and duties of occupying powers, the manual states:
[The 1949 Geneva Convention IV] contains stringent provisions concerning the treatment of persons undergoing sentence of imprisonment. These are as follows:
a. Protected persons accused of offences must be detained in the occupied country, and if convicted they must serve their sentences in that country. They must, if possible, be separated from other detained persons and must enjoy conditions of food and hygiene sufficient to keep them in good health and at least equal to those obtaining in prisons in the occupied country.
b. They must receive the medical attention required by their state of health. They have the right to receive any spiritual assistance, which they may require …
d. They have the right to receive at least one relief parcel monthly. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1233.1.a–b and d.
In its chapter on non-international armed conflicts, the manual states:
1. Since non-international armed conflicts often reflect ideological and emotional conflict even more than is the case in international conflicts, the need to protect those detained or in any way restricted for reasons connected with the conflict is very important. [The 1977 Additional Protocol II] therefore seeks to protect those whose liberty has been restricted, whether they are detained, interned or subjected to any limitations on their freedom.
2. The wounded and sick among such persons are to be treated humanely and receive such medical care as their condition requires, without discrimination. All detained persons are to be supplied with food and water, and to enjoy the same safeguards as regards health and hygiene and protection against the climate and the dangers of the conflict as the local civilian population. Detained persons are to receive individual and collective relief …
3. … Detained persons and internees shall receive the benefit of medical examination. Their physical and mental health and integrity shall not be endangered by any unjustified act or omission. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1715.1–3.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states that “PW [prisoner-of-war] evacuation [from point of capture to the PW facility] is to be effected humanely. [PW] are to be provided with sufficient food, in the same manner as [Canadian] troops but account is to be taken of their dietary habits, water, clothing and protection against the elements”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 3B-5, § B006.2.b.
With regard to medical attention, the manual states:
1. [The 1949 Geneva Convention III] requires each camp to have medical facilities for the treatment of PW. …
2. … Each PW establishment is to have a medical centre the size and capability of which will be linked to the role of the PW establishment. … Where specialist attention is required, PW will normally be transferred to a field hospital or evacuated from the AOO [Area of Operations] as appropriate. … Where possible maximum use should be made of captured medical staff in order to reduce the burden on our own medical staff. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F08.1–2.
6. All PW are to have a medical inspection on arrival at the PW camp and the results of the inspection, including the PW’s weight, are to be recorded in the PW’s records. A dental inspection is also to be carried out where possible. Thereafter, medical inspections are to be carried out at least once a month and the results again recorded in the PW’s records. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F08.6.
With regard to the clothing of prisoners of war, the manual states:
The Detaining Power is to provide PW with underclothes, footwear and outer clothing of a type appropriate to the climate of the region in which the PW camp is located. The camp staff will ensure that this is maintained in a reasonable state of repair and replaced when it is no longer serviceable. PW engaged in work will be issued with whatever special or protective clothing is appropriate to the particular task on which they are employed. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F10.
With regard to food rations, the manual states:
The basic daily food ration must be sufficient in quantity, quality and variety to maintain the health of the PW and to prevent loss of weight or any nutritional deficiency. An adequate supply of drinking water must be available to PW. Collective punishments involving restriction of food allowances are not to be imposed. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F11.1.
With regard to relief supplies, the manual states: “PW are allowed to receive individual parcels or collective relief shipments containing articles such as food, clothing, medical supplies and religious, educational, cultural or recreational articles”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F14.1.
With regard to the constraints placed on the interrogation and tactical questioning of prisoners of war, the manual states: “PW retain the right to the same standard of medical, ration, accommodation and welfare support as the CF [Canadian Forces]”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 4A-2, § 4A04.
Canada
Rule 6 of Canada’s Code of Conduct (2005) instructs: “Treat all detained persons humanely in accordance with the standard set by the Third Geneva Convention.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 6.
The Code of Conduct further states:
1. Rule # 6 deals with the treatment of anyone detained by CF [Canadian Forces] personnel in the course of an operation. At the tactical level, the legal status of those who are detained does not matter. All persons held by CF personnel without their consent, both PWs and detainees, shall be treated in accordance with the standard set by the Third Geneva Convention on the Treatment of Prisoners of War.
Food, Water and Shelter
7. Food and water will be provided as soon as is feasible and will not be arbitrarily or unreasonably withheld. For example, if CF personnel are scheduled to eat at a certain time, PWs and detainees will be allowed to eat at that time as well. More timely provision of food and water may be medically necessary due to climatic conditions. Detained persons will be provided shelter from both the elements and hostile action to the same extent as is available to CF personnel. For the provision of food, water and shelter, the idea is not to treat PWs or detainees better than CF members but to treat them at least as well.
Protection and Medical Care
8. Detained persons must be protected from the effect of hostilities. In the presence of an NBC [nuclear, biological, chemical] threat for example, PWs and detainees must be allowed to use their protective gear. If they don’t have any, they should be provided with the necessary gear where this is practically possible. Similarly, if there is a risk of indirect fire and shelling, detained persons will be allowed to use their protective gear. Again if they don’t have any, they should be provided with the necessary gear where this is practically possible.
9. Every PW and detainee should be given a medical examination as soon as practicable after capture and the condition of each person shall be recorded. All detained persons shall be afforded the necessary medical care. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 6, §§ 1 and 7–9.
Canada
Canada’s Use of Force Manual (2008) states:
Chapter 4: Use of Force in International Operations
402. Types of International Operations
1. In general, there are four types of international operational relationships in which the CF [Canadian Forces] may participate with each one having unique considerations pertaining to the use of force, self-defence and rules of engagement:
a. Alliance. Alliance operations refer to operations conducted under a formal standing alliance such as the North Atlantic Treaty Organization (NATO) or Canada-United States (CANUS). In these cases, there are formal policy, command-and-control and force structure instruments which will affect ROE [rules of engagement] development and application;
b. Coalition. A coalition is a less formal alliance which is normally limited to a specific mission. Coalitions normally lack the formal status of forces’ agreements and infrastructure architectures that are common to alliances such as NATO. A coalition may operate under the legal umbrella of a UN Security Council resolution, but they are not UN missions. Once a mission or operation has been completed, the coalition is normally disbanded;
c. United Nations (UN). UN missions operate under a UN Security Council resolution and fall within the UN command-and-control structure; and
d. Unilateral. An international operation where Canadian forces are operating unilaterally within a region or area.
407. Supplementary Direction
3. Detainees. In support of the operational or security objectives of an international operation, Canadian forces may be required to detain persons. Reasons to detain include, but are not limited to, persons who do the following:
a. interfere with the accomplishment of the mission and related tasks;
b. otherwise use or threaten force against friendly forces, or the equipment and materials belonging to them, or under their protection;
c. enter an area under the control of friendly forces without prior authorization; and
d. are suspected of breaches of the law of armed conflict.
4. Where the use of deadly force is authorized in a given situation, that authority also includes the authority to detain persons against whom deadly force could have been used. In all other cases, specific ROE must be authorized in order to detain persons. The standards provided in the Geneva Conventions will be the minimum standard for the treatment of all detainees whether or not the Geneva Conventions legally apply during the operation. 
Canada, Use of Force for CF Operations, Canadian Forces Joint Publication, Chief of the Defence Staff, B-GJ-005-501/FP-001, August 2008, §§ 402.1 and 407.3–4.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 2 (Instruction for group and patrol leaders): “Captured combatants … have the right to … receive relief.” 
Central African Republic, Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Fundamental Rules, § 4.
In Volume 2, the manual further states:
Captured combatants must be: … if necessary, cared for;
While they are waiting to be taken to superiors, captured combatants:
- receive the necessary medical care (first aid). 
Central African Republic, Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter III, Section II, § 2.1.
Chad
Chad’s Instructor’s Manual (2006) includes amongst the rights to be accorded to prisoners of war: “He shall be taken care of and given acceptable food.”  
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 37; see also p. 59.
Colombia
Colombia’s Basic Military Manual (1995) provides that, in both international and non-international armed conflicts, the basic needs of all detained persons, such as medical assistance, food and water, shall be provided for. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 21.
Colombia
Colombia’s Instructors’ Manual (1999) requires that prisoners be provided with food and medical attention. 
Colombia, Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 22.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
The prisoner of war is an enemy combatant hors de combat due to the fact of his capture. As such, he enjoys a legal status which guarantees him rights.
Thus,
- he will be cared for,
- his nourishment will be correct;
- his physical and mental balance will be preserved by sporting, cultural and religious activities. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 27; see also Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 18.
In Book III, Volume 2 (Instruction of second-year trainee officers), the Teaching Manual provides:
1.2.4. Prisoners of war
… The detaining power is responsible for their maintenance (nourishment and medical care). 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 24.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
II.2.1. Humane treatment obligatory
Prisoners of war shall at all times be treated humanely and protected …
… Their maintenance shall be ensured free of charge by the detaining power. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 62.
Croatia
Croatia’s Instructions on Basic Rules of IHL (1993) states that captured civilians and combatants are entitled to receive relief shipments. 
Croatia, Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, Instruction No. 4.
Denmark
Denmark’s Directive on the Ban on Torture (2008) states:
Central to the issue [of the ban on torture and cruel, inhuman or degrading treatment or punishment] is that detainees are treated well and humanely.
Examples:
Was … the detainee’s health [taken into consideration]?
Does the detainee receive the necessary food and drink?
Was due attention paid to the detainee’s age, gender and state of health?
Did the detainee have the opportunity to ensure personal hygiene?
Were there acceptable sanitary conditions under detention? 
Denmark, Forbud Mod Tortur og Anden Grusom, Umenneskelig Eller Nedværdigende Behandling Eller Straf, FKODIR 005-01, Forsvarskommandoen, September 2008, pp. 4–5.
Dominican Republic
The Dominican Republic’s Military Manual (1980) requires that all prisoners and detainees, whatever their status, receive the same medical attention as friendly forces would receive. 
Dominican Republic, La Conducta en Combate según las Leyes de la Guerra, Escuela Superior de las FF. AA. “General de Brigada Pablo Duarte”, Secretaría de Estado de las Fuerzas Armadas, May 1980, p. 8.
Ecuador
Ecuador’s Naval Manual (1989) provides that captured enemy combatants shall receive medical care without any adverse distinction. 
Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.8.
France
France’s LOAC Summary Note (1992) provides: “Captured combatants have the right to … receive assistance”. 
France, Fiche de Synthèse sur les Règles Applicables dans les Conflits Armés, Note No. 432/DEF/EMA/OL.2/NP, Général de Corps d’Armée Voinot (pour l’Amiral Lanxade, Chef d’Etat-major des Armées), 1992, § 2.1.
France
France’s LOAC Teaching Note (2000) provides that wounded prisoners of war shall be cared for and that every prisoner of war is entitled to receive assistance. 
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 3.
France
France’s LOAC Manual (2001) provides that prisoners of war shall be cared for and provided with necessary medical care. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 102.
The manual also states that regulation of the treatment of civilian internees is very similar to that of prisoners of war. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 73.
Germany
Germany’s Military Manual (1992) provides: “Prisoners of war shall receive sufficient food and clothing as well as the necessary medical attention.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 717.
The manual also states that, in case of the evacuation of prisoners, they “shall be supplied with sufficient food, clothing and medical care”. 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 711.
Germany
Germany’s Soldiers’ Manual (2006) states under the heading “Protection of prisoners of war”: “The detaining power has to provide for sufficient food, clothing and medical care.” 
Germany, Druckschrift Einsatz Nr. 03, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Erarbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, DSK SF009320187, Bundesministerium der Verteidigung, R II 3, August 2006, p. 7.
Greece
The Hellenic Navy Regulations (1993), as amended, provides: “[Prisoners of war] shall be allowed to use personal articles necessary for their health. They shall be nourished with adequate rations of food.” 
Greece, Hellenic Navy Regulations (Part A), Presidential Decree 210/1993, as amended, Article 1408.
Hungary
Hungary’s Military Manual (1992) provides that captured combatants and internees shall be protected and cared for. 
Hungary, A Hadijog, Jegyzet a Katonai, Föiskolák Hallgatói Részére, Magyar Honvédség Szolnoki Repülötiszti Föiskola, 1992, pp. 75 and 99.
Ireland
Ireland’s Basic LOAC Guide (2005) states that “all PWs [prisoners of war] are entitled to medical attention” and that “captors must supply the PWs with sufficient food, drinkable water, clothing and medical attention and take precautions to ensure their safety”. 
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 9.
The manual further states:
The conditions under which PWs are quartered must be safe and healthy. They should be at least as good as those for the Detaining Power’s own forces, making allowance for the PWs habits and customs. The basic food rations must be sufficient in quantity, quality and variety for good health and take the PWs habitual diet into account. Working prisoners must have the additional rations that their labour requires. All PWs must have sufficient drinking water. PWs must never be subjected to collective disciplinary measures which affect their food. 
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 9.
Israel
Israel’s Manual on the Laws of War (1998) provides:
Prisoners must be administered proper medical care, at the expense of the detaining State, and a monthly follow-up examination must be made of each detainee’s state of health. It is incumbent on the detaining State to provide the prisoners with sufficient food, drink and clothing. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 53.
The manual also states:
One of the most important provisions in the Geneva Convention are the rules concerning the right of prisoners … to receive packages from [their families] containing food, clothes, medications, ritual articles, literature and means of study. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 53.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
The country imprisoning them must provide prisoners-of-war with suitable medical care and must subject each prisoner-of-war to a monthly health examination. It is the duty of the country imprisoning them to provide prisoners-of-war with food, drink and clothing in adequate amounts. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 33; see also p. 49.
The manual further states:
Prisoners-of-war must be allowed to exchange letters with their relatives and receive parcels of food, clothing, medicine, religious artefacts, literature and study requisites. The imprisoning country is permitted to censor the prisoners’ post as long as this is not used as an excuse for withholding their post from them. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 33.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) provides that prisoners of war shall be provided with food, clothing and medical assistance. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. II, Chapter III, p. 18, §§ 51–53.
Italy
Italy’s Combatant’s Manual (1998) states:
Prisoners of war who are being transported are provided with the same level of provisions planned for each transport day for national soldiers.
The field health units that take in prisoners of war simply provide basic provisions comprising food and lodging that is commensurate with what is provided to equal ranks in the national army. 
Italy, Manuale del Combattente, SME 1000/A/2, Stato Maggiore Esercito/Reparto Impiego delle Forze, Ufficio Dottrina, Addestramento e Regolamenti, 1998, § 252.
[emphasis in original]
Kenya
Kenya’s LOAC Manual (1997) provides: “Captured combatants shall be cared for.” 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, p. 7.
Madagascar
Madagascar’s Military Manual (1994) provides: “Prisoners of war shall be provided free of charge with food, sufficient clothes, adequate housing and the medical care that their state of health requires.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 26.
Mali
Mali’s Disciplinary Regulations (1979) provides: “Sick and wounded prisoners of war are to be put in the care of the health service.” 
Mali, Règlement du Service dans l’Armée, 1ère Partie: Discipline Générale, Ministère de la Défense Nationale, 1979, Article 36.
Mexico
Mexico’s Army and Air Force Manual (2009) states: “Prisoners of war may be interned only in premises … affording every guarantee of hygiene and healthfulness.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 161(B).
The manual also states: “The detaining power assumes general responsibility for the life and welfare of prisoners of war, who must be kept in good health.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 162.
The manual further states:
168. The [1949 Geneva] Convention [III] affirms the right of prisoners of war to receive relief.
169. Relief supplies may be individual or collective, but the Convention indicates a preference for relief parcels of a standard model, intended for all the prisoners in a camp and shared out among them by the prisoners’ representatives.
170. All relief shipments are exempt from import, customs and other dues. The experience acquired by the International Committee of the Red Cross and National Red Cross Societies in the course of the two World Wars is implicitly recognized. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, §§ 168–170.
In a section entitled “Basic rules of international humanitarian law applicable in armed conflicts”, the manual also states: “Captured combatants and civilians under the authority of an adverse party … have the right … to receive relief.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 409.
Mexico
Mexico’s IHL Guidelines (2009), in a section entitled “Basic rules of conduct in armed conflict”, states: “Provide prisoners … who are sick with the same medical attention as is provided to your own troops.” 
Mexico, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 14(o).
Netherlands
The Military Manual (1993) of the Netherlands states that prisoners shall be provided with adequate food, clothing and accommodation. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, pp. VII-6/VII-7, § 4.
The manual also states: “Prisoners of war shall be allowed to receive parcels, in particular foodstuffs, clothing, medical supplies and articles of a recreational character (books, sports outfits, musical instruments).” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VII-10.
Netherlands
The Military Handbook (1995) of the Netherlands provides that it is forbidden to take the clothes and food of prisoners of war. It adds: “Food shall be sufficient to keep prisoners of war in good health and to prevent loss of weight.” 
Netherlands, Handboek Militair, Ministerie van Defensie, 1995, p. 7-41.
Netherlands
The Military Manual (2005) of the Netherlands states:
The State must afford protection to persons who have fallen into its power.
Examples:
- The captive is not in the power of the troops who have captured him, but [in] the power to which those troops belong.
- The hostile State is responsible for the conditions and care of the persons in its charge … 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0224(c).
The manual states that during the evacuation of prisoners of war, “drinking water and food at least must be provided in adequate amounts. Sufficient clothing and medical attention must also be available.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0723.
The manual also states:
Medical supplies and goods needed to feed, clothe and otherwise protect captives] cannot be diverted from their intended purpose while they are needed for the care of the wounded and sick. They cannot be used, even in case of compelling military necessity, unless the necessary steps have first been taken to supply the sick and wounded in care. Medical supplies may not be deliberately destroyed. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0407.
The manual further states:
0726. Quarters
Prisoners of war must be accommodated in conditions as favourable as those for the forces of the detaining power, billeted in the same area. … Daily food rations should be sufficient to keep the prisoners of war in good health. Weight loss or disorders due to shortage of certain substances must be prevented. Account must be taken of the diet to which the prisoners of war were accustomed. … Collective disciplinary measures relating to food are prohibited. Clothing and footwear must be issued, taking account of the climate of the area where the prisoners are held. Uniforms seized by the detaining power may be used for this purpose. Canteens must be set up in the camps to provide foodstuffs and items for daily use (soap, cigarettes, etc.).
0727. As regards hygiene, the requisite measures must be taken to ensure a good state of health in the camps and to prevent epidemics. Thus there must be sufficient toilets, baths and showers present. Every camp must be provided with a suitable infirmary. The prisoners of war should preferably receive medical attention from medical personnel from their own countries. Prisoners of war suffering from serious illness or whose condition necessitates an operation or hospital care must be placed in a military or civilian hospital. Medical inspections of prisoners of war must be carried out at least once per month, to check general conditions of health and detect contagious diseases (tuberculosis, malaria, sexually transmitted diseases, etc.).
0741. Prisoners of war may also receive parcels or shipments, especially of food, clothing, medical necessities and items for improvement and recreation (books, sports requisites, musical instruments, etc.). 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 0726–0727 and 0741.
In addition, the manual provides:
In internal armed conflicts in which members of the Dutch armed forces are involved, all captured members of the military and all captured members of dissident militias and other armed groups should be treated in the same way as prisoners of war. Any further legal steps to be taken against individual members of such movements may be taken only as instructed by competent courts or other authorized bodies or authorities. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, p. 164.
In its chapter on non-international armed conflict, the manual states:
Persons whose freedom is limited
1063. This concerns people who have been deprived of their freedom or whose freedom is restricted in any way, in connection with the armed conflict. It makes no difference whether deprivation of freedom takes the form of internment or imprisonment. AP II [1977 Additional Protocol II] prescribes no special regime for prisoners of war. It does not discriminate as to whether someone has been taken prisoner as a “participant in the hostilities” or on suspicion, e.g., of having “incited to armed uprising against the lawful authority” or of having spied for any party.
1064. For those who have been deprived of their freedom, rules have been drawn up which go further than the fundamental guarantees:
- proper medical treatment;
- right to receive individual or collective help;
- right to practise their religion and receive spiritual assistance;
- the same entitlement as the local population to food, drinking water and protection against the weather and the dangers of the conflict. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 1063–1064.
In its chapter on peace operations, the manual states:
1225. Treatment of detainees
(For an extended summary, see chapter 7; see also Guidelines section 8 below). During peace operations, it may happen that persons have to be detained. This may derive from the mandate received by the peace force. As a rule, such persons are criminals who are guilty of war crimes or common criminal offences, inasmuch as the peace force is responsible, e.g., for law and order.
1226. The RoE [Rules of Engagement] should describe when, and in what circumstances, people may be taken prisoner and held. Instructions on how to act after this, e.g., what rights the detainees have, should not be omitted. If such RoE are missing in a given case, it is possible to refer for guidance to, and act on, the provisions of the Third Geneva Convention.
That Convention gives a number of minimum requirements for taking prisoners and detention. It deals with this subject in such detail that the Convention can be used as a sort of checklist. This relates mainly to rules on the necessary terms under which prisoners are held. Every detainee should be treated with human dignity. A detainee may not be condemned or punished without prior judgment by an impartial court and due process. Detainees must also be treated equally. On capture, persons must be disarmed, searched and registered. Personal effects and personal protection remain in the detainee’s possession. Interrogation of detainees is permitted, but physical or mental torture or exposure to any form of coercion whatsoever is not permitted. As a rule, interrogation should take place by, or with the cooperation of, the police or legally trained personnel. This does not apply to prisoners of war, but to personnel presumed to have committed criminal acts. The actual detention entails strict requirements concerning food, shelter, medical care, clothing and hygiene. Facilities must also be created for detainees to enjoy freedom of worship, study and sport. More detailed rules apply to detained women and children. Every detainee is entitled to maintain contact with the outside world, and it is obvious that the ICRC should be called upon to visit the peace force’s prison camps and give further advice.
1227. The rules of the Third [Geneva] Convention concerning who is, or is not, a prisoner of war and the acquisition of a certain status definitely do not apply. They apply exclusively to a party taking prisoners in an armed conflict. Nevertheless, while there are no prisoners of war in an official sense, a detainee has the right of direct access to a judge. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 1225–1227.
New Zealand
New Zealand’s Military Manual (1992) provides: “Prisoners of war are to receive medical … attention, if possible from doctors … of their own forces or of their own nationality.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 924.
The manual also provides that prisoners “shall be allowed to receive parcels containing clothing, food, medical supplies, religious and educational material, books, examination papers, musical instruments and the like” and that “they may receive collective relief parcels in accordance with specific agreements between the parties”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 929.
Concerning internees, the manual states that they “must be provided free of charge with adequate food, water and the facilities to provide themselves with clothing or, if necessary, the clothing itself. Internees shall be medically inspected once a month and shall be provided with adequate medical care free of charge.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1123(5).
In addition, the manual states: “Under certain circumstances, internees are allowed to receive individual parcels or collective shipments.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1127.
With respect to non-international conflicts, the manual states: “All detainees are to be supplied with food and water and the same safeguards as regards health and hygiene.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1814(2).
Nicaragua
Nicaragua’s Military Manual (1996) provides that prisoners of war have the right to receive medical care and shall be treated in terms of food and clothing on the same footing as the detaining power’s own troops. 
Nicaragua, Manual de Comportamiento y Proceder de las Unidades Militares y de los Miembros del Ejército de Nicaragua en Tiempo de Paz, Conflictos Armados, Situaciones Irregulares o Desastres Naturales, Ejército de Nicaragua, Estado Mayor General, Asesoría Jurídica del Nicaragua, 1996, Article 14(20) and (22–24).
Nigeria
Nigeria’s Manual on the Laws of War provides that prisoners of war must be cared for and provided with adequate accommodation, food and clothing. 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 41.
The manual also provides that prisoners of war shall “be permitted to receive parcels containing food, clothing, medicines, etc.” 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 43.
Peru
Peru’s IHL Manual (2004) states with regard to the evacuation of prisoners of war:
b. The evacuation of prisoners of war must always be effected humanely and in conditions similar to those established for the forces of the detaining power.
c. During the evacuation, prisoners must be provided with sufficient food and drinking water and with the clothing and medical attention they need. Precautions must be taken to ensure their safety.
e. Prisoners should be held in transit camps for as short a time as possible and must receive the same treatment there as in an ordinary camp. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 37.b, c and e.
The manual further states: “Prisoner-of-war camps must be kept clean and hygienic. They must have adequate washing and laundry facilities, etc. available at all times of day and night.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 40.e.
The manual also states:
a. The basic daily food rations must be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account must also be taken of the habitual diet of the prisoners.
b. The food rations that are sufficient and appropriate for the troops of the detaining power may not be suitable for prisoners of war used to a different diet. It may be necessary to seek medical and nutritional advice from retained medical personnel in order to plan meals for the prisoners of war. Prisoners of war should also be permitted to be involved in the preparation of their meals. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 42.
The manual further states: “Every prisoner-of-war camp must have an adequate infirmary, and isolation wards must, if necessary, be set aside for cases of contagious or mental disease.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 44.a.
The manual also states: “The [1949] Third Geneva Convention relative to the Treatment of Prisoners of War contains detailed provisions on … the right to receive relief parcels”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 57, pp. 262–263.
Peru
Peru’s IHL and Human Rights Manual (2010) states:
b. The evacuation of prisoners of war must always be effected humanely and in conditions similar to those established for the forces of the detaining power.
c. During the evacuation, prisoners must be provided with sufficient food and drinking water and with the clothing and medical attention they need. Precautions must be taken to ensure their safety.
e. Prisoners should be held in transit camps for as short a time as possible and must receive the same treatment there as in an ordinary camp. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 38(b)–(c) and (e), p. 254.
The manual further states: “Prisoner-of-war camps must be kept clean and hygienic. They must have adequate washing and laundry facilities, etc. available at all times of day and night.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 41(e), p. 256.
The manual also states:
a. The basic daily food rations must be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account must also be taken of the habitual diet of the prisoners.
b. The food rations that are sufficient and appropriate for the troops of the detaining power may not be suitable for prisoners of war used to a different diet. It may be necessary to seek medical and nutritional advice from retained medical personnel in order to plan meals for the prisoners of war. Prisoners of war should also be permitted to be involved in the preparation of their meals. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 43(a)–(b), p. 257.
The manual further states: “Every prisoner-of-war camp must have an adequate infirmary, and isolation wards must, if necessary, be set aside for cases of contagious or mental disease.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 45(a), p. 258.
Philippines
The Rules for Combatants (1989) of the Philippines provides that wounded and sick prisoners must receive medical treatment. 
Philippines, Rules for Combatants, in Handbook on Discipline, Annex C(II), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, § 4.
Poland
Poland’s Prisoner of War Handling Procedures (2009) states:
2.2 Detention and transport of prisoners of war
The following principles shall apply to the detention and transport of prisoners of war:
e. the capturing unit shall be responsible for the prisoners’ protection, food, and medical care;
g. during transport, the capturing power shall ensure that prisoners of war are provided with protection, food and medical care. 
Poland, Norma Obronna NO-02-A020:2000, Procedury postępowania z jeńcami wojennymi, enacted by decision No. 134/MON related to the Approval and Enforcement of Regulatory Instruments in Respect of State Defence and Security, 21 April 2009, published in the Official Gazette of the Ministry of National Defence, No. 8, Item 99, April 2009, Section 2.2.
The Procedures further states: “Medical centres are responsible for treating prisoners of war requiring medical care, or those who report to the centres themselves. … The capturing power shall, as soon as possible, provide prisoners of war with daily [food] rations.” 
Poland, Norma Obronna NO-02-A020:2000, Procedury postępowania z jeńcami wojennymi, enacted by decision No. 134/MON related to the Approval and Enforcement of Regulatory Instruments in Respect of State Defence and Security, 21 April 2009, published in the Official Gazette of the Ministry of National Defence, No. 8, Item 99, April 2009, Sections 3.4–3.5.
Romania
Romania’s Soldiers’ Manual (1991) provides that captured combatants and civilians in the hands of a party to the conflict shall be provided with sufficient food and decent accommodation and shall be cared for. 
Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, Part III, § 4.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Feeding of prisoners of war at the division (brigade) prisoner-of-war collection sites shall be organized at the expense of the division food stock in accordance with the specially established rations, whenever possible account shall be taken of their habitual diet. When escorted to places at a distance of up to 50 km, prisoners of war may be provided with food that does not require cooking.
Whenever necessary, captured uniforms and footwear of enemy armed forces or second-hand military kit can be made available to clothe prisoners of war.
Prisoners of war shall get both timely first aid and specialized medical assistance as required by their state of health.
Temporarily retained enemy medical personnel may be used for providing medical assistance to prisoners of war, preferably to those belonging to the armed forces upon which they depend.
Whenever necessary wounded and sick prisoners of war shall be evacuated on a temporary basis to the military units medical posts where they shall be accommodated separately from the members of the Russian Armed Forces. Those in need of qualified and specialized medical assistance shall be sent to prisoner-of-war hospitals. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 162.
Russian Federation
The Russian Federation’s Combat Manual (2005) states: “An adversary, who has yielded himself prisoner, must be disarmed, if necessary, provided with medical care and handed over to the commander. Prisoners of war must be treated humanely.” 
Russian Federation, Combat Manual on the Preparation and Conducting of Combined-Arms Battles (Boevoi ustav po podgotovke i vedeniu obshevoiskovogo boya), Part 3, Platoon, Subdivision, Tank, endorsed by Order of the Commander-in-Chief of the Ground Forces No. 19, 24 February 2005, § 24.
Senegal
Senegal’s IHL Manual (1999) provides that one of the fundamental guarantees common to the IHL conventions and the 1948 Universal Declaration of Human Rights is that “persons deprived of their liberty shall receive, to the same extent as the civilian population, food and drinking water, shall benefit from healthy and hygienic living conditions and shall be protected against the climate and the dangers of military operations”. It also provides: “They shall be allowed to receive individual and collective relief.” 
Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, pp. 23 and 24.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) states:
Therefore, if you capture an enemy you are bound to
c. Give them medical attention.
h. Provide them with clothing.
i. Give them sufficient rations to keep them in good health. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, pp. 42–43.
South Africa
South Africa’s Revised Civic Education Manual (2004) states that “prisoners of war are entitled to protection” and that the protection includes “[m]edical treatment if required”. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 74.
Spain
Spain’s LOAC Manual (1996) provides: “Food shall be sufficient in quantity, quality and variety to keep prisoners in good health.” It adds: “Respect shall be provided for the habitual diet of the prisoners. Thus, prisoners of war shall be involved in the preparation of their meals.” It further states: “Collective disciplinary measures affecting food are prohibited.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 6.4.(i).20.
The manual restates the right of prisoners to receive a sufficient daily food ration and drinking water. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 8.5.(b).1.
It also provides: “Prisoners of war shall be allowed to receive by post parcels containing foodstuffs, clothing, medical supplies, etc.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 8.4.(a).6.
In addition, the manual provides that appropriate clothes and medical attention shall be provided to prisoners of war. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, §§ 6.4.(i).14 and 6.4.(i).15.
Spain
Spain’s LOAC Manual (2007) states in its chapter dealing with prisoners of war:
8.4.a.(6) Prisoners of war are … allowed to receive by post or by any other means parcels or shipments containing foodstuffs, clothing, medical supplies, etc. The only limits that may be placed on these shipments are those proposed by the Protecting Power.
8.5.a. [T]he living conditions of prisoners of war must be of the same standard as those of the detaining power’s own forces billeted in the same area.
8.5.b.(1) Prisoners of war are entitled to receive basic daily food rations and drinking water in sufficient quantities and adequate conditions.
8.5.b.(2) The necessary clothing, underwear and footwear must be supplied to prisoners of war by the detaining power. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, §§ 8.4.a.(6), 8.5.a, 8.5.b.(1) and 8.5.b.(2).
Elsewhere in the manual, it states:
6.4.i.(20) Food service
The food service must provide a diet of sufficient quantity, quality and variety to keep prisoners of war in good health.
Account must also be taken of the habitual diet of the prisoners. To this end, prisoners should be involved in the preparation of their meals.
Collective disciplinary measures affecting food are prohibited. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 6.4.i.(20).
In addition, the manual provides that appropriate clothes and medical attention shall be provided to prisoners of war. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 6.4.i.(14) and (15); see also § 5.5.c.(2).
Switzerland
Switzerland’s Basic Military Manual (1987) provides that prisoners of war “shall be quartered under conditions as favourable as those for the forces of the Detaining Power”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 119.
The manual states: “Their daily food shall be sufficient in quantity, quality and variety to keep prisoners of war in good health. Account shall be taken of the habitual diet of the prisoners.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 120.
The manual also states: “Prisoners of war shall be provided with appropriate clothes and shoes, which shall take into account the climate and the nature of work demands.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 121.
In addition, the manual states: “Prisoners of war shall be allowed to receive individual or collective parcels.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 134.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
189 The final legal status of captured persons is determined by a military tribunal and not by the military unit that took them prisoner. Therefore, the troops treat captured persons with the same respect and in accordance with the same rules as prisoners of war, even when their status is uncertain.
190 Prisoners are entitled to receive drinking water, food, clothing, accommodation and medical care.
192 In case of severe illness or injury, a physician must be consulted as quickly as possible. …
193 Detailed provisions regarding prisoner camps are notably laid down in the Geneva Convention relative to the treatment of prisoners of war (Geneva Convention III). 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, §§ 189–190 and 192–193.
Togo
Togo’s Military Manual (1996) provides that captured enemy combatants shall be cared for and have the right to receive relief. 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, pp. 5 and 11.
Ukraine
Ukraine’s IHL Manual (2004) states:
1.4.13. Persons whose liberty has been restricted shall be accorded the following treatment:
- they shall be provided with food and drinking water equally with the local civilian population;
- they shall be protected from inclement weather conditions;
- they shall be allowed to receive individual or collective aid;
2.5.4.1. … Wounded and sick prisoners of war shall receive timely medical assistance.
2.5.4.15. Conditions of settlement of prisoners of war shall be no less favourable than that of the armed forces of the capturing state.
2.5.4.28. Medical examinations of the prisoners of war shall be carried out at least once a month. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.4.13, 2.5.4.1, 2.5.4.15 and 2.5.4.28.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides: “Belligerents who intern protected persons must provide, free of charge, for [their] maintenance (including that of their dependants if the latter are without adequate means of support or are unable to earn a living).” 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 56.
The manual also stipulates: “The state detaining prisoners of war is bound to provide free of charge for their maintenance and medical care.” 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 136.
The manual further specifies that prisoners of war and internees “are allowed to receive … relief shipments containing, in particular, foodstuffs, clothing, medical supplies, books and objects of a devotional, educational or recreational nature”. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 67 and 190.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides: “PW [prisoners of war] must be provided with free maintenance and medical attention.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 8, p. 29, § 7.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “The detaining power must provide for the maintenance and medical care of prisoners of war free of charge.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.30.
The manual also states: “Accommodation for prisoners of war is required to be at least as good as that for the forces of the detaining power billeted in the same area.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.49.
The manual further states:
The basic daily ration must be sufficient in quantity, quality and variety to maintain health and prevent loss of weight or nutritional deficiencies, account being taken of the usual diet of the prisoners of war. There must be an adequate supply of drinking water. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.50.
The manual also explains: “The detaining power must supply prisoners of war with sufficient clothing, underwear and footwear for the climatic conditions.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.53.
Furthermore, the manual provides:
The detaining power must take all measures necessary to prevent epidemics and to ensure that camps are kept clean, sanitary and healthy … Each camp must have an adequate infirmary where prisoners of war, including those undergoing punishment, can have the medical attention, including diet, which they need … Prisoners of war must be examined at least once a month to monitor their general state of health, nutrition and cleanliness and also to detect infection or contagion, especially tuberculosis, malaria and venereal disease. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 8.54–8.56.
In its chapter on the protection of civilians in the hands of a party to the conflict, when discussing conditions of internment, the manual states:
Maintenance and medical care of interned protected persons, and of their dependants who lack adequate means of support or are unable to earn a living, must be provided free of charge by the detaining power. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.41.
The manual further states, in the same context:
The basic daily ration must be sufficient in quantity, quality and variety to maintain health and prevent nutritional deficiencies, regard being paid to the customary diet of the internees. There must be sufficient drinking water. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.51.
The manual continues:
When taken into custody, internees must be given facilities to provide themselves with necessary clothing and to procure further supplies. If any internee has insufficient clothing and is unable to procure it, the detaining power must provide it for him free of charge. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.54.
The manual adds:
9.55. Each internment camp must have an adequate infirmary under the personal supervision of a qualified doctor where internees may receive the medical attention that they require, as well as an appropriate diet. Isolation wards must be set aside for those suffering from contagious diseases or mental illness. However, maternity cases and those suffering from serious disease, in need of special treatment, surgical operation or hospital care must be admitted to any hospital at which such treatment or care is available and receive care not inferior to that provided for the general population. Wherever possible, internees should have the attention of medical personnel of their own nationality. Internees may not be refused medical examination. Medical treatment and remedial aids such as dentures, artificial appliances and spectacles are to be provided free of charge.
9.56. A medical examination must be conducted at least once a month to monitor the general state of internees’ health, nutrition and cleanliness, to detect infection, especially tuberculosis, malaria and venereal disease, and to check weight. There must be an X-ray examination at least once a year. In the case of working internees, these examinations will also verify their fitness for work.
9.63. Internees are allowed to receive individual parcels and collective relief shipments containing items such as food, clothing, medical supplies and religious, educational, cultural or recreational articles. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 9.55–9.56 and 9.63.
In its chapter on occupied territory, the manual states:
Protected persons who are detained either because they are awaiting trial or as a result of a custodial sentence are entitled to have the following treatment:
c. their conditions of food and hygiene must be sufficient to keep them in good health and must not be less favourable than those in force in prisons in the occupied country;
d. they must have the medical attention required by their state of health. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.74 11 .
With regard to internal armed conflict, the manual states: “Detainees should be provided with sufficient food and drinking water, facilities for health and hygiene and shelter from the weather and the dangers of armed conflict.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.10.2.
United States of America
The US Field Manual (1956) reproduces Articles 25–32, 72 and 73 of the 1949 Geneva Convention III and Articles 76, 85, 87 and 89–92 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 101–109, 148–149, 292, 294, 296–299 and 446.
United States of America
The US Air Force Pamphlet (1976) stresses “the obligations of the Detaining Power in furnishing quarters, food and clothing to POWs [prisoners of war]”. It points out that “food rations, for example, must be sufficient in quality, quantity and variety to keep prisoners of war in good health and avoid loss of weight or nutritional deficiencies”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 13-4.
United States of America
The US Instructor’s Guide (1985) states:
Even though you are a prisoner, you must receive sufficient daily rations to ensure your good health. In addition, you must have sanitary living quarters which provide protection from the weather. You are also entitled to medical care … You may also receive parcels containing foodstuffs, clothing and educational, religious or recreational materials. 
United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, p. 11
United States of America
The US Operational Law Handbook (1993) provides: “There is a legal obligation to provide adequate food, facilities and medical aid to POWs [prisoners of war].” 
United States, Operational Law Handbook, JA 422, Center for Law and Military Operations and International Law Division, The Judge Advocate General’s School, United States Army, Charlottesville, Virginia 22903-1781, 1993, p. Q-184.
United States of America
The US Naval Handbook (2007) states:
All detainees shall:
… Receive appropriate medical attention and treatment
… Receive sufficient food, drinking water, shelter, and clothing. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 11.2.
United States of America
The US Manual on Detainee Operations (2008) states:
Legal Considerations
a. As a subset of military operations, detainee operations must comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations …
c. The four Geneva Conventions of 1949 are fully applicable as a matter of international law to all military operations that qualify as international armed conflicts … The principles reflected in these treaties are considered customary international law, binding on all nations during international armed conflict. Although often referred to collectively as the “Geneva Conventions,” the specific treaties are:
(3) The [1949] Geneva Convention III … This convention … regulates the treatment of EPWs [enemy prisoners of war] (care, food, clothing, medical care, and housing). 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. I-3.
In the chapter on “Roles and Responsibilities, the manual states:
Medical Officer/Surgeon
b. … Provides first responder capability to the detainee population. Coordinates forward resuscitative care or higher capability.
c. Advises the commander on medical and health-related issues. Coordinates for medical consultations with appropriate medical specialists and coordinates for transportation and escort of detainees to appointments, if required.
d. Coordinates with the civil affairs officer to ensure detainee medical concerns are being considered for possible presentation at the civil-military operations center.
e. Ensures the medical requirements within the detention facility are met consistent with Department of Defense Instruction 2310.08E, Medical Program Support for Detainee Operations, and its implementing orders and programs. Such requirements will include:
(1) Examination and documentation of detainees’ physical condition upon initiation of detention.
(2) Monthly recording of detainees’ weight.
(3) Monitoring of general cleanliness of the facility (latrines, showers, and wash stations).
(4) Examining detainees for contagious diseases.
(5) Providing detainee access to medical care, such as sick call.
f. Coordinates for preventive medicine inspections of the facility.
g. Coordinates preventative medicine inspection of food sources. Advises the DFC [detention facility commander] of caloric content and dietary suitability of detainee rations. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. II-9.
In the chapter on “Planning for Detainee Operations”, the manual states:
Logistics. The following issues are a few examples of some of the unique logistic obligations and considerations associated with detention operations:
(1) Temperature and Lighting. To the extent feasible, the facilities will be protected from dampness, adequately heated and cooled, and appropriately illuminated.
(2) Food and Water. When feasible, detainees will be fed three meals a day. At a minimum, basic daily food rations will be sufficient in quantity, quality, and variety to keep detainees in good health and to prevent significant loss of weight or the development of nutritional deficiencies. The justification for any deviation from the three meals per day standard will be documented by the commander of the detention facility and should be reviewed by both medical and legal support personnel. Account will also be taken of the habitual diet and religious/cultural requirements of the detainees. The detaining power will supply detainees who work with such additional rations as are necessary for the labor in which they are employed. Sufficient drinking water will be supplied to detainees.
(3) Clothing. Adequate clothing for the climate will be provided, and a clothing replacement program will be instituted at each facility. Issued clothing should be uniform in color for identification purposes. If replacement clothing is not available, commanders will attempt to provide for the cleaning of detainee clothing in order to protect the health and well-being of detainees until a clothing exchange program can be instituted.
(4) Financial Management. The JFC [joint force commander] is responsible for providing EPWs [enemy prisoners of war] and CIs [civilian internees] pay. The joint task force comptroller may designate a component to provide currency and other required support. The designated component will also ensure that controls are established to process deposits to and payments from designated accounts properly.
Physical and Intellectual Activities. Physical and intellectual activities for detainees contribute to the maintenance of good order and discipline within the detainee population. Commanders may accommodate these interests when doing so is both feasible and consistent with mission requirements. The extent to which accommodation is considered and/or implemented will be determined by the needs of the facility population and will take into account both security limitations and available resources. Authorized activities and programs include, but are not limited to, participation in physical exercise, access to outdoor areas, and the practice of intellectual, educational, and recreational pursuits.
Medical Care, Dental Care, and Sanitation. The detaining power will take all sanitary measures necessary to ensure the cleanliness and healthfulness of facilities, and to prevent epidemics. Detainees will have access to sanitary facilities that conform to preventive medicine sanitation standards. In facilities where women detainees are accommodated, feminine hygiene supplies will be provided. Detainees will receive a full medical history and physical exam during in-processing. A medical record will be created for each detainee and a narrative summary of that record will be forwarded to the detainee’s new facility location. If the detainee is released, he/she should be given a narrative clinical summary detailing past and present medical status and recommendation of medical follow-up, if any. All treatment provider names will be redacted. No records will be released directly to the detainee or a foreign country. Patient services should include first responder, forward resuscitative, and theater hospitalization capabilities, as operational circumstances permit. As a contribution to the maintenance of good order, the DFCs [detention facility commanders] should also provide mental health services (mental health treatment, assessment, and therapy) to detainees when feasible. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. III-7 and III-9–III-10.
In the chapter on “Capture and Initial Detention and Screening”, the manual states:
A TIF [theater internment facilities] is an improved, semi-permanent, or permanent facility that can hold detainees until they are released or until it is determined that out-of-theater evacuation is necessary … Ideally, the TIF will have:
(2) Permanent structures, lighting, water, utilities, and hygiene and sanitation facilities.
(3) Ability to provide forward resuscitation, theater hospitalization, and higher medical care to detainees.
(7) Support for all classes of supply and services. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. IV-4–IV-5.
Also in this chapter, the manual states:
Commanders should attempt to utilize building-type structures for internment facilities. However, although this may be a preference, there is no prohibition against using less-improved facilities when they offer the best available option for satisfying all legal and policy obligations related to detainee treatment, particularly when use of an improved structure is not feasible. There is no legal requirement to provide detainees with conditions better than those of the U.S. forces executing the detainee operation mission. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. IV-6.
In the chapter on “Transport Procedures”, the manual states:
In-transit Operations for Escort Missions
In-transit operations are the most vulnerable period of detainee operations. The security escort team leader will have tactical command and control of all assets in the movement element, from the element’s departure of a DCP [detainee collection point], DHA [detainee holding area], or TIF [theater internment facility] until the element arrives at another facility. The security escort team leader will adopt tactics, techniques, and procedures to meet mission requirements including feeding, latrine escort, medical aid, and any emergency actions aboard the conveyance. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. V-2.
In the chapter on “Theater or Strategic Internment Facility”, the manual states:
Key organization elements in the TIF/SIF [theater internment facility/strategic internment facility] may include the following: … detainee hospital … Special staff considerations may include: … surgeon, forensic psychologist, forensic psychiatrist, medical plans and operations officer, preventive medicine officer, environmental health officer …
… Facility operating procedures will make allowance for the habits and customs of the detainees and will in no case be prejudicial to their health. The foregoing comment will apply in particular to the housing units of detainees as regards both total surface and minimum cubic space, and the general installation, bedding, and blankets (refer to [1949] Geneva Conventions, DODDs [Department of Defense Directives], and all applicable regulations). Quarters furnished to detainees must protect the detainees from the negative effects of the natural environment, must be adequately lit and heated (particularly between dusk and lights-out), and must have adequate precautions taken against the dangers of fire. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. VI-2.
In the chapter on “Transfer and Release from Detention”, the manual states:
5. Transfer Between Department of Defense Facilities
… The DFC [detention facility commander] will:
(6) Provide rations and basic needs to the detainees during the movement.
(9) Ensure detainees are given a full physical, instructions for medication, and a supply of medications.
(10) Ensure all appropriate health and disciplinary records accompany the detainee.
6. Transfer or Release Mission
a. For transfer or release from within the JOA [joint operations area] to either other detention facilities or direct release of the detainee back into the community, the following requirements should be met:
(5) Ensure logistic resources are adequate (food, water, etc.).
Figure VII-1. Transfer Accountability Measures
… Ensure released detainee is provided with appropriate food, clothing, and equipment for safe transition and movement upon release. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. VII-3–VII-5.
The manual also states:
Detainee Categories
The DOD [Department of Defense] definition of the word “detainee” includes any person captured, detained, or otherwise under the control of DOD personnel (military, civilian, or contractor employee) … It does not include persons being held primarily for law enforcement purposes except where the United States is the occupying power …
a. Enemy Combatant. In general, a person engaged in hostilities against the United States or its coalition partners during an armed conflict. The term “enemy combatant” includes both “lawful enemy combatants” and “unlawful enemy combatants.”
b. Enemy Prisoner of War. Individual under the custody and/or control of the DOD according to Articles 4 and 5 of the … [1949 Geneva Convention III].
c. Retained Personnel … Personnel who fall into the following categories: official medical personnel of the armed forces exclusively engaged in the search for, or the collection, transport, or treatment of wounded or sick, or in the prevention of disease, and staff exclusively engaged in the administration of medical units and facilities; chaplains attached to enemy armed forces; staff of national Red Cross Societies and that of other volunteer aid societies duly recognized and authorized by their governments to assist medical service personnel of their own armed forces, provided they are exclusively engaged in the search for, or the collection, transport or treatment of, the wounded or sick, or in the prevention of disease, and provided that the staff of such societies are subject to military laws and regulations.
d. Civilian Internee … A civilian who is interned during an armed conflict, occupation, or other military operation for security reasons, for protection, or because he or she has committed an offense against the detaining power. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. I-3–I-5; see also pp. viii and GL-3.
Afghanistan
Afghanistan’s Juvenile Code (2005) states: “The detention authority is obliged to provide access of the detained child to social, educational, vocational, psychological and health services, taking into account the age and gender requirements of the child.” 
Afghanistan, Juvenile Code, 2005, Article 12.
Afghanistan
Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles:
Article 17. Livelihood.
The juvenile and rehabilitation centres are responsible … [for keeping the] environment hygien[ic], [well]-equipped and … [tidy].
The juvenile and rehabilitation centres are responsible for providing a separate bed for each [juvenile].
The Ministry of Justice [together with the] Ministry of Health [and the] Juvenile and Rehabilitation [Training] Centres and other related organizations [shall take essential measures to provide] residences with adequate room, brightness, and ventilation.
Article 18. Food/Ration.
(1) The juvenile and rehabilitation centres are responsible for providing the [juvenile], [whether] accused [or] convicted of imprisonment, with free water and food in healthy conditions, according to their age.
(2) [The] menu [of the] food [mentioned in] item (1) [of] this article [shall be controlled] in consultation with the Ministry of Public Health … and under the [supervision of a] sanitary … team for quality and quantity.
Article 19. Health Care Services.
Those responsible for the juvenile and rehabilitation centres are obligated to provide free medical assistance to the children, [whether] suspected, accused [or] convicted to imprisonment, with the [assistance] of [the] Ministry of Public Health.
If medical treatment is not available for the juvenile and rehabilitation centres … , the responsible person for the … centre may take the sick child to other hospitals [as] requested by the doctor. The assigned prosecutor should be informed.
Article 20. Health Care Rules Observance (Hygiene).
The assigned doctor for the juvenile training and educational centre is … to control the daily meal and at least twice a week survey the rooms [for appropriate] … hygiene [standards].
Children affected by epidemic diseases [shall be] kept in [isolated] special … places.
Article 21. To prepare the way for work, education, training and worship.
The persons responsible for the juvenile training and educational centres are … to establish an equipped library in the … facility and … [provide] for worship, study, work, education and training, vocational training, recreational and cultural activities and other facilities with [the] cooperation [of] education and social affairs ministries.
Article 40. … Civil Societ[ies].
(1) NGOs and social organizations which … provid[e] social services may work in the sections of [a] juvenile centre, on condition that [their work] benefits … [the juvenile] and is not against the religious values of Islam.
(2) … [I]tem (1) of this article require[s] … prior … and written permission [by] the MoJ [Ministry of Justice]. 
Afghanistan, Law on Juvenile Rehabilitation and Training Centres, 2009, Articles 17–21 and 40.
Afghanistan
Afghanistan’s Public Health Law (2009) states:
Managing Health Services
The Ministry of Public Health (MOPH) and its relevant departments in the provinces shall have the responsibility to manage, guide, control and evaluate the provision of comprehensive and quality health services to all citizens of the country, in particular to those people who are living in … prisons. 
Afghanistan, Public Health Law, 2009, Article 6.
Australia
Australia’s War Crimes Act (1945) states that “the expression ‘war crime’ includes the following: … failure to provide prisoners of war or internees with proper medical care, food or quarters”. 
Australia, War Crimes Act, 1945, Section 3(xxx)(b).
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides: “Prisoners of war are entitled to the following in all cases: … to have the opportunity to receive necessary medical care, food, clothes … and also to receive material assistance from outside.” 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 22(5).
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Chile
Under Chile’s Code of Military Justice (1925), depriving prisoners of war of indispensable food or necessary medical assistance is an “offence against international law”. 
Chile, Code of Military Justice, 1925, Article 261.
Denmark
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Dominican Republic
The Dominican Republic’s Code of Military Justice (1953) provides that any member of the armed forces who deprives prisoners of war of necessary food shall be punished by imprisonment. 
Dominican Republic, Code of Military Justice, 1953, Article 201(1).
Guinea
Guinea’s Children’s Code (2008) states: “A Child shall benefit from material conditions of detention or internment appropriate to his or her age.” 
Guinea, Children’s Code, 2008, Article 435.
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 25–32, 72, 73 and 125 of the Geneva Convention III and Articles 76, 85, 87, 89–92, 108, 109 and 142 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 5(1)(b) and (c), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Israel
Israel’s Internment of Unlawful Combatants Law (2002), as amended in 2008, states: “An internee shall be held under proper conditions that do not harm his health or dignity.” 
Israel, Internment of Unlawful Combatants Law, 2002, as amended in 2008, Article 10(a).
Japan
Japan’s Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations (2004) states:
(Principles of Hygiene and Medical Care)
Article 29 At the prisoner-of-war camp, efforts shall be made to grasp the physical and mental conditions of the detainees thereof, and hygienic and medical measures shall be taken in order to maintain the health of the detainees and hygiene inside the prisoner-of-war camp.
(Medical Treatment)
Article 32(1) In the cases where a detainee is injured or suffering from disease, or is suspected to have sustained an injury or to have a disease, the prisoner-of-war camp commander shall promptly give him/her medical treatment and other necessary medical measures pursuant to an Ordinance of the Ministry of Defence.
(Principles on Lending and Supplying of Articles)
Article 58(1) Detainees shall be lent, or supplied with, the clothing and bedding required for daily life in the prisoner-of-war camp, and shall be supplied meals and drinking water or tea. 
Japan, Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations, 2004, Articles 29, 32(1) and 58(1).
Mexico
Mexico’s Code of Military Justice (1933), as amended in 1996, states that persons who deprive detainees of necessary food or medical care may be imprisoned for up to two years. 
Mexico, Code of Military Justice, 1933, as amended in 1996, 1933, Article 324(III).
Nicaragua
Nicaragua’s Military Penal Code (1996) provides that it is an offence not to provide indispensable food and necessary medical care to prisoners of war. 
Nicaragua, Military Penal Code, 1996, Article 55(4).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Peru
Peru’s Code of Military Justice (1980) provides that depriving prisoners of war of medical care and indispensable food is a punishable offence. 
Peru, Code of Military Justice, 1980, Article 95(1).
Rwanda
Rwanda’s Prison Order (1961) provides that prisoners should receive food corresponding as far as possible to their usual diet and to their state of health. 
Rwanda, Prison Order, 1961, Article 35.
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
11° failure to medically treat the wounded, the sick, the shipwrecked and persons deprived of their liberty for reasons related to the armed conflict;
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
2° imprisonment for ten (10) to twenty (20) years, where he has committed a crime provided for in point 3°, 8°, 11° or 12° of Article 10 of this law: 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 10–11.
Rwanda
Rwanda’s Organic Law concerning Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from Other States (2007) provides:
Article: 23 Detention
Any person who is transferred to Rwanda by the ICTR [International Criminal Tribunal for Rwanda] for trial shall be detained in accordance with the minimum standards of detention stipulated in the United Nations Body of Principles for the Protection of all persons under any Form of Detention or Imprisonment, adopted by General Assembly resolution 43/173 of 9 December, 1998.
The International Committee of the Red Cross or an observer appointed by the President of the ICTR shall have the right to inspect the conditions of detention of persons transferred to Rwanda by the ICTR and held in detention. The International Committee of the Red Cross or the observer appointed by the ICTR shall submit a confidential report based on the findings of these inspections to the Minister in charge of Justice of Rwanda and to the President of the ICTR.
In case an accused person dies or escapes from detention, the Prosecutor General of the Republic shall immediately notify the President of the ICTR and the Minister of Justice in Rwanda.
The Prosecutor General of the Republic shall conduct investigations on the death or the escaping of the person who was in detention and shall submit a report to the President of ICTR and the Minister of Justice in Rwanda. 
Rwanda, Organic Law concerning Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from Other States, 2007, Article 23.
Somalia
Somalia’s Military Criminal Code (1963) states:
A commander who causes serious harm to lawful enemy belligerents who have fallen into his power … by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years. 
Somalia, Military Criminal Code, 1963, Article 382.
Spain
Spain’s Military Criminal Code (1985) provides that “military personnel who … do not provide indispensable food or necessary medical assistance” to prisoners of war commit a punishable offence against the laws and customs of war. 
Spain, Military Criminal Code, 1985, Article 77(5).
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust treat [prisoners and detainees] humanely and with respect, providing them with the necessary means [to ensure] their health and hygiene”. 
Spain, Royal Ordinances for the Armed Forces, 2009, Article 110.
Sri Lanka
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
PART II
DUTIES OF OFFICERS
MEDICAL OFFICER
18. (1) It shall be lawful for the Minister after consulting the Minister charged with the subject and function of Health to make rules as to each of the following matters:–
(d) reports on … [the prisons] cleanliness, drainage, warmth, and ventilation;
(e) reports on the provisions, water, clothing, and bedding supplied to the prisoners.
PART III
VISITORS
37. (1) Every Visitor [from the Board of Prison Visitors established pursuant to Article 35 of this Ordinance] shall be entitled-
(c) to inspect the condition of any part of the buildings or the premises of any prison, or any appliance or equipment provided therein for the use of the prisoners;
(d) to inspect or test the diet provided for the prisoners in any prison;
41. (1) Every Visitor appointed under this Ordinance shall hear all complaints which may be made to him by any prisoner respecting any deficiency in the quantity or quality of the food … received in the prison.
PART VI
FOOD, CLOTHING, AND BEDDING OF CIVIL PRISONERS
59. A civil prisoner shall be permitted to maintain himself and to purchase or receive from private sources at proper hours, food, clothing, bedding, or other necessaries, but subject to examination and to such conditions as may be approved by the Commissioner-General.
61. Every civil prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.
PART VIII
HEALTH OF PRISONERS
70. All prisoners shall be furnished with proper means of washing or otherwise cleansing themselves and of having their clothing washed; and provision shall be made for their bathing within the prison, if possible, or otherwise at the nearest convenient place …
PART X
OFFENCES IN RELATION TO PRISONS
79. Save as provided in section 81, the Superintendent or in his absence a Visitor, may examine any person touching the offences in the preceding section mentioned, and determine thereupon and punish such offences –
(e) by confinement in a punishment cell [defined under art. 104 of the Prisons Ordinance as “an unfurnished cell used for the purpose of carrying out any punishment”] for any time not exceeding fourteen days;
(f) by ordering the offender for any time not exceeding three days to close confinement [confinement which deprives a prisoner of all means of communication with other prisoners under art. 104 of the Prisons Ordinance], to be there kept upon a diet reduced to such extent as shall be prescribed by any rule made under the provisions of section 94 …
81. (1)(a) If any prisoner is charged with mutiny or incitement to mutiny, or with escape or attempt to escape or abetment of escape from lawful custody, or with causing hurt or grievous hurt to a prison officer or with attempt to cause hurt or grievous hurt to a prison officer by means of any instrument for shooting, stabbing or cutting, or any instrument which, when used as a weapon of offence, is likely to cause death; or
(b) if any prisoner is charged with any offence against prison discipline which, in the opinion of the Superintendent or a Visitor acting under section 79, is not adequately punishable by him or is not adequately punishable under that section by reason of the prisoner’s record of previous convictions of offences against prison discipline, the Superintendent shall in the former case, and the Superintendent or Visitor may in the latter, cause the offender to be tried by a Magistrate of the Division in which the prison is situated and two Visitors …
(4) The tribunal shall have power to inquire into the offence upon oath or affirmation and by a majority verdict to punish the offender –
(a) with confinement in a punishment cell for any time not exceeding one month; …
PART XII
MISCELLANEOUS
94. (1) The Minister may from time to time make all such rules, not inconsistent with this Ordinance or any other written law relating to prisons, as may be necessary for the administration of the prisons in Sri Lanka and for carrying out or giving effect to the provisions and principles of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing powers, the Minister may make rules for all or any of the following purposes or matters:-
(d) … the classes of diet to be provided for prisoners. 
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Articles 18(1)(d)–(e), 37(1)(c)–(d), 41(1), 59, 61, 70, 79(e)–(f), 81(1)(a)–(b), (4)(a), 94(1) and (2)(d).
These articles apply to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
United States of America
In July 2007, and in accordance with section 6(a)(3) of the Military Commissions Act (2006), the US President issued an Executive Order which stated that a “Program of Detention and Interrogation Operated by the Central Intelligence Agency” complied with US obligations under common Article 3 of the 1949 Geneva Conventions. The Executive Order stated in part:
Sec. 3. Compliance of a Central Intelligence Agency Detention and Interrogation Program with Common Article 3.
(a) Pursuant to the authority of the President under the Constitution and the laws of the United States, including the Military Commissions Act of 2006, this order interprets the meaning and application of the text of Common Article 3 with respect to certain detentions and interrogations, and shall be treated as authoritative for all purposes as a matter of United States law, including satisfaction of the international obligations of the United States. I hereby determine that Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency as set forth in this section. The requirements set forth in this section shall be applied with respect to detainees in such program without adverse distinction as to their race, color, religion or faith, sex, birth, or wealth.
(b) I hereby determine that a program of detention and interrogation approved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, provided that:
(iv) detainees in the program receive the basic necessities of life, including adequate food and water, shelter from the elements, necessary clothing, protection from extremes of heat and cold, and essential medical care. 
United States, Executive Order 13440, Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency, 20 July 2007.
United States of America
In 2009, the US President issued Executive Order 13492, Closure of Guantánamo Detention Facilities, which stated:
By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:
Sec. 6. Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the [1949] Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. 
United States, Executive Order 13492, Closure of Guantánamo Detention Facilities, 2009, Section 6.
Uruguay
Uruguay’s Military Penal Code (1943), as amended, provides for the punishment of “the violation of the rights of prisoners of war … [such as] not providing necessary food”. 
Uruguay, Military Penal Code, 1943, as amended, Article 58(8).
Zimbabwe
Zimbabwe’s Constitution (2013) states:
Chapter 4 – Declaration of Rights
50. Rights of arrested and detained persons
(5) Any person who is detained, including a sentenced prisoner, has the right –
(c) to communicate with, and be visited by –
(v) their chosen medical practitioner;
(d) to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at State expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment;
86. Limitation of rights and freedoms
(2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including –
(b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest;
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them –
(b) the right to human dignity;
87. Limitations during public emergency
(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration may–
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. 
Zimbabwe, Constitution, 2013, Sections 50(5)(c)(v) and (d), 86(2)(b) and (3)(b), and 87(1) and (4).
In its attached Second Schedule on Limitations on Rights During Public Emergencies, the Constitution also states:
1. In this Schedule –
“detainee” means a person who is detained under an emergency law that provides for preventive detention;
“emergency law” means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency;
Extent to which fundamental human rights or freedoms may be limited
2. (1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87.
Basic rights of detainees
4. (l) All detainees –
c) must be treated humanely and with respect for their inherent dignity as human beings. 
Zimbabwe, Constitution, 2013, Second Schedule, §§ 1, 2(1) and 4(1)(c)
Canada
In 2008, in the Amnesty International Canada case, Canada’s Federal Court dismissed an application for judicial review on the basis of the Canadian Charter of Rights and Freedoms with respect to persons detained by the Canadian Forces (CF) in Afghanistan and their transfer to Afghan authorities. The Federal Court stated:
[13] To assist in resolving this dispute in a timely and efficient manner, the parties have jointly agreed to have the issue of whether the Charter applies in the context [of] Canada’s military involvement in the armed conflict in Afghanistan determined on the basis of the following questions, pursuant to Rule 107(1) of the Federal Courts Rules:
1. Does the Canadian Charter of Rights and Freedoms apply during the armed conflict in Afghanistan to the detention of non-Canadians by the Canadian Forces or their transfer to Afghan authorities to be dealt with by those authorities?
2. If the answer to the above question is “NO” then would the Charter nonetheless apply if the Applicants were ultimately able to establish that the transfer of the detainees in question would expose them to a substantial risk of torture?
[16] For the reasons that follow, I have determined that the answer to both of the questions posed by the motion is “No”. As a result, the applicants’ application for judicial review must therefore be dismissed.
II. Background
[44] Even before the Afghan Compact was concluded, the governments of Canada and Afghanistan had signed a document outlining the nature of Canada’s involvement and powers within Afghanistan: see the “Technical Arrangements between the Government of Canada and the Government of the Islamic Republic of Afghanistan”, dated December 18, 2005.
[47] The Technical Arrangements further provide that:
Canadian personnel may need to use force (including deadly force) to ensure the accomplishment of their operational objectives, the safety of the deployed force, including designated persons, designated property, and designated locations. Such measures could include the use of close air support, firearms or other weapons; the detention of persons; and the seizure of arms and other materiel. Detainees would be afforded the same treatment as Prisoners of War. Detainees would be transferred to Afghan authorities in a manner consistent with international law and subject to negotiated assurances regarding their treatment and transfer. …
[59] Theatre Standing Order 321A further provides that while in Canadian custody, detainees are to be “treated fairly and humanely” in accordance with “applicable international law and CF Doctrine”.
IV. Does the Canadian Charter of Rights and Freedoms apply during the armed conflict in Afghanistan to the detention of non-Canadians by the Canadian forces or their transfer to Afghan authorities to be dealt with by those authorities?
[162] Insofar as the relationship between the Governments of Afghanistan and Canada is concerned, the two countries have expressly identified international law, including international humanitarian law, as the law governing the treatment of detainees in Canadian custody.
[166] … [I]n relation to the treatment of detainees, Article 1.2 of the Technical Arrangements provides that detainees are to be afforded “the same treatment as Prisoners of War”, and are to be transferred to Afghan authorities “in a manner consistent with international law and subject to negotiated assurances regarding their treatment and transfer.” …
[179] The understanding between the Governments of Afghanistan and Canada that Afghan and international law are the legal regimes to be applied to the detainees in Canadian custody is also reflected in Canadian documents dealing with the treatment of detainees.
[180] In particular, Task Force Afghanistan’s Theatre Standing Order 321A recognizes international law as the appropriate standard governing the treatment of detainees. In this regard, Article 3 states that it is Canadian Forces policy that all detainees be treated to the standard required for prisoners of war, which it describes as being the highest standard required under international law.
[181] Moreover, Article 18 of TSO 321A provides that while in Canadian custody, detainees are to be “treated fairly and humanely” in accordance with “applicable international law and CF Doctrine”. …
VI. Conclusion
[336] … [A] number of concerns … flow from the Court’s finding that the Charter does not apply in the circumstances of this case.
[337] As was noted by Justice Binnie in Hape, the content of human rights protections provided by international law is weaker, and their scope more debatable than Charter guarantees …
[338] Moreover, the enforcement mechanisms for those standards may not be as robust as those available under the Charter, and have even been described as “rather gentle” …
[342] That said, the Supreme Court of Canada has carefully considered the scope of the Charter’s extraterritorial reach in R. v. Hape, and has concluded that its reach is indeed very limited. Applying the Supreme Court’s reasoning in Hape to the facts of this case leads to the conclusion that the Charter does not apply to the actions of the Canadian Forces in Afghanistan in issue here.
[343] Before concluding, it must be noted that the finding that the Charter does not apply does not leave detainees in a legal “no-man’s land”, with no legal rights or protections. The detainees have the rights conferred on them by the Afghan Constitution. In addition, whatever their limitations may be, the detainees also have the rights conferred on them by international law, and, in particular, by international humanitarian law. 
Canada, Federal Court, Amnesty International Canada case, Judgment, 12 March 2008, §§ 13, 16, 44, 47, 59, 162, 166, 179–181, 336–338 and 342–343.
[emphasis in original]
The Federal Court of Appeal subsequently upheld the findings of the Federal Court. It stated:
I conclude that the motions judge made no errors in answering the way she did the two questions that were before her. The Charter has no application to the situations therein described. There is no legal vacuum, considering that the applicable law is international humanitarian law. 
Canada, Federal Court of Appeal, Amnesty International Canada case, Judgment, 17 December 2008, § 36.
Israel
In its judgment in Center for the Defense of the Individual v. the Commander of IDF Forces in the West Bank in 2002, Israel’s High Court of Justice stated:
22. The detention conditions in the area are primarily laid down by the Imprisonment Facility Operation (West Bank) Order 29-1967 [hereinafter, the Imprisonment Order]. This order provides directives regarding the conditions of imprisonment in the area. Most of its provisions, save the following three, have no bearing on the matter at hand. First, the order specifies that “prisoners shall be provided with appropriate nourishment that will guarantee the preservation of their health,” Imprisonment Order, § 4, that “prisoners shall be provided with necessary medical treatment,” Imprisonment Order § 5(a), and that “prisoners shall receive a receipt when their family identification and personal ID cards are taken,” Imprisonment Order § 7.
23. These specific provisions are subject to the general principles of customary international law. They are also subject to the directives regarding detention conditions set out in the Geneva Convention Relative to the Protection of Civilian Persons in Time of War-1949 [hereinafter, the Fourth Geneva Convention]. As is well-known, Israel considers itself bound by the humanitarian directives of this Convention. The respondent reiterated this commitment while in his response to the petition before us. The directives of the Geneva Convention regarding detention conditions are clearly of a humanitarian nature; therefore they should be adhered to. The question of whether or not the Basic Law: Human Dignity and Liberty applies to detention conditions in the area need not be answered here. The general principles of administrative law, which apply to Israeli soldiers in the area, are sufficient for this matter. See HCJ 393/82 Jamait Askan v. IDF Commander in Judea and Samaria, IsrSC 37(4) 785. According to these principles, the army must act, inter alia, reasonably and proportionately, while striking a proper balance between the liberty of the individual and the needs of the public. One may learn about the proper standards of reasonableness and proportionality from the Standard Minimum Rules for Treatment of Prisoners. These standards were adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1955, and were ratified by the United Nations in 1957 and in 1977. See HCJ 221/80 Darvish v. The Prison Service, IsrSC 35(1) 536, 539-40, [hereinafter Darvish]; HCJ 540-546/86 Yosef v. Administrator of the Central Prison in Judea and Samaria, IsrSC 40(1) 567, 573, [hereinafter Yosef]; HCJ 253/88 Sajadia v. The Minister of Defense, IsrSC 42(3) 801, 832, [hereinafter Sajadia]. These standards apply to all imprisoned persons, including detainees. Needless to say, these general standards must always be adjusted to the specific circumstances, with regard to time and place, while ensuring adherence to at least the bare minimum. Justice Bach has noted:
One should not infer from this that all of the directives of the convention regarding the detention conditions of administrative detainees must be followed blindly. Each and every directive should be examined with regard to its significance, its indispensability, and its adjustment to the special circumstances of the detention facility which is the subject of our proceeding.
Sajadia, at 832. Furthermore, we do not deal here with the imprisonment conditions of prisoners held in prisons. We are dealing with the detention conditions of those being held in detention facilities in the area. These detainees were detained during warfare in the area. According to the security forces, the circumstances of the detentions are such that there is fear that the detainees endanger or are liable to endanger the security of the area, the security of IDF forces, or national security. See Order 1500 (the definition of “detainee.”)
24. The basic point of departure for our discussion is the balancing point between the liberty of the individual and the security of the public. On the one hand are the rights of the individual who enjoys the presumption of innocence and desires to live as he wishes. On the other hand lies society’s need to defend itself against those who rise up against it. Detention laws in general, and, more specifically, detention conditions, reflect this balance. Here we find the position that detainees should be treated humanely and in recognition of their human dignity. This is expressed in article 10 of the 1966 International Covenant on Civil and Political Rights. Israel is a member of this covenant. Article 10 of this covenant is generally recognized as reflecting customary international law. See N. S. Rodley, The Treatment of Prisoners Under International Law 27 (2nd ed. 1999). The article states:
All persons deprived of their liberty shall be treated with human dignity and with respect for the inherent dignity of the human person.
See also the first principle of the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, G.A. Res. 43/173, U.N. GAOR, 43d Sess., Supp. No. 49, U.N. Doc. A/43/49 (1988). Israel acts according to this principle with regard to all prisoners and detainees. See CApp 7440/97 State of Israel v. Golan, IsrSC 52(1) 1; HCJL.A. 6561/97 The State of Israel v. Mendelson, IsrSC 52(5) 849; HCJL.A. 823/96 Wanunu v. The Prison Service, IsrSC 51(2) 873). Vice President H. Cohen expressed this principle in Darvish:
Any person in Israel, who has been sentenced to imprisonment, or lawfully detained, is entitled to be held under humane and civilized conditions. It is not significant that this right has yet to be explicitly stated in legislation: this is one of the fundamental human rights, and in a law-abiding democratic state it is so self-evident that it needs not be written or legislated.
Darvish, at 538. Indeed, the nature of detention necessitates the denial of liberty. Even so, this does not justify the violation of human dignity. It is possible to detain persons in a manner which preserves their human dignity, even as national security and public safety are protected. Compare Yosef, at 573. Prisoners should not be crammed like animals into inadequate spaces. Even those suspected of terrorist activity of the worst kind are entitled to conditions of detention which satisfy minimal standards of humane treatment and ensure basic human necessities. How could we consider ourselves civilized if we did not guarantee civilized standards to those in our custody? Such is the duty of the commander of the area under international law, and such is his duty under our administrative law. Such is the duty of the Israeli government, in accord with its fundamental character: Jewish, democratic and humane. Compare Yosef, at 573.
25. In addition to these principles, we must consider the principles and regulations set forth in the Fourth Geneva Convention. Article 27 of the Fourth Geneva Convention sets out the point of departure for the convention:
Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof against and against insults and public curiosity….
However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
Alongside this general directive, the Fourth Geneva Convention includes a number of directives which refer to specific conditions of detention. We shall examine those directives which are relevant to the petition before us, and which reflect the proper balance between the right of detainees and the security needs of the area. These directives apply to persons in “internment,” meaning administrative detention. Apparently, these directives do not apply directly to detentions for the purpose of interrogation, though, indirectly, they do bear heavily on such situations. Thus, there is no reason not to refer to these directives in regard to the detention conditions before us. Some of the detainees being held at Ofer Camp, who are in the last stages of their detention, remain there on the authority of an administrative detention order. The aforementioned directives directly apply to those detainees. The Geneva Convention specifies that detention conditions must preserve the health and personal hygiene of the detainees, while protecting them from weather conditions. The detention facility should be properly lit and heated, especially in the late afternoon and until curfew; the sleeping areas should be sufficiently spacious and ventilated; and, in providing bedding, the weather conditions, as well as the age, gender and health conditions of the detainees, should be taken into account. Detainees should be provided with clean and hygienically maintained bathrooms. The detainees should receive a sufficient supply of soap and water for laundry and daily bathing; they should be provided with the necessary equipment to this end. Detainees shall have access to showers, as well as sufficient time for bathing. See Fourth Geneva Convention, art. 85. Detainees shall receive daily nourishment which is satisfactory in its quantity, quality and variety, such that it preserves their health and prevents the development of illnesses which originate in malnutrition; detainees shall be allowed to prepare their own food; they shall be provided with a sufficient supply of drinking water. Fourth Geneva Convention, art. 89. Detainees shall be provided with sufficient changes of clothing, appropriate for the weather conditions. Fourth Geneva Convention, art. 90. An infirmary supervised by doctors shall be located in each detention area; detainees shall have unlimited access to medical authorities. Fourth Geneva Convention, art. 91. Detainees shall undergo medical inspections at least once a month. Fourth Geneva Convention, art. 92. The authorities will encourage learning and educational activities. They will also encourage the detainees to engage in sports and games. Sufficient space will be allotted for sporting activities. Fourth Geneva Convention, art. 94. Any items taken from the detainee at the time of his detention shall be returned to him upon his release. Family identification and personal ID cards shall not be seized without providing the detainee with a receipt. Detainees shall never remain without identification. Fourth Geneva Convention, art. 97. The disciplinary order in the detention facility must conform to the principles of humanity. The body and spirit of the detainees shall not be harmed. Fourth Geneva Convention, art. 100. The minimal standards of treating prisoners, which apply to all forms of detention, do not add significant provisions on the matters relevant to this petition. It is sufficient to note the following requirements: detainees require minimal space for sleeping, lighting and heating. Fourth Geneva Convention, reg. 10. Each detainee shall have his own bed. Fourth Geneva Convention, art. reg. 19. At least one hour of physical activity shall be allowed. Fourth Geneva Convention, art. 21. A doctor from the detention facility shall inspect the conditions of sanitation.
From the General to the Specific
26. In order to implement these specific principles and rules in this case, we must distinguish between the two stages of detention the detainees went through. First, we shall deal with the detention in the temporary facilities. This occurred during the first days of detention. The detainees were held at brigade headquarters, which was not adequately prepared for so many detainees. These special circumstances should be taken into account when examining whether the respondent maintained the necessary detention conditions. In referring to the issue of overcrowding in Sajadia, President Shamgar correctly stated:
The existence of extreme crowding at the beginning of the wave of detentions may be explained by the security need for the simultaneous imprisonment of many people.
Sajadia, at 823. Nevertheless, even in such a situation, everything must be done to preserve the minimal standards of detention conditions. These standards were not observed during the initial stages of detentions at the temporary facilities, and this conduct violated the detention order, the international laws which apply to the area and the fundamental principles of Israeli administrative law. It will suffice to note several blatant breaches of these standards: detainees’ hands were handcuffed in a rough manner, which resulted in fierce pains and bruise marks; some of the detainees were kept outside for hours, as many as forty-eight, not sheltered from weather conditions and without sufficient access to bathrooms; their possessions were taken from them without being documented. These conditions of detention can not be justified, nor can other deviations from minimal standards be excused by the need to accommodate so many detainees in such a short period of time. The necessity was known in advance. It was expected. Operation Defensive wall was planned in advance. One of its goals was to arrest as many suspected terrorists as possible. As such, the need for minimal detention conditions was a natural result of the goals of the operation. There was no surprise in the matter. There was the possibility of preparing appropriate divisions with suitable detention conditions. What was done a number of days after the beginning of the operation should have been done several days before it began. Indeed, security needs – which must always be taken into account – did not justify the inadequacies in the conditions of detention in the temporary facilities.
27. During the second phase, the detainees relocated to Ofer Camp. During the first days in which the detainees were received in Ofer Camp, some of the minimal requirements regarding detention conditions were not fulfilled. As we have seen, at the beginning of Operation Defensive Wall, Ofer Camp’s capacity was 450 detainees, with the option of expanding to 700. In fact, a much larger number of detainees were brought to the facility. The overcrowding was unbearable. A substantial number of detainees remained unsheltered, exposed to the rigors of weather conditions. Not all of the detainees received a sufficient supply of blankets. These circumstances did not satisfy minimal standards of detention conditions, and had no security justification.
28. Shortly after, Ofer Camp’s entered a period of routine operation, during which minimal requirements were satisfied. This was the situation when the respondent first submitted his statement on 24.04.2002, and at the time of the first hearing. Since then, additional improvements have been made. The current conditions essentially satisfy the minimal required conditions, and in some cases, the conditions in Ofer Camp even exceed such minimal requirements. Such a state of affairs is appropriate: “minimal conditions” guarantee, as their name suggests, only the necessary minimum. Israel, as a Jewish and democratic state, should aim to more than the minimum, and the respondent acted admirably in ensuring that, regarding certain matters, the conditions exceed minimum requirements. Even so, two matters still demand improvement. First, the army should reconsider the issue of supplying tables at which the detainees may eat. The explanation offered for the absence of such tables – that the detainees will dismantle the tables, and use them in such a way as will disturb security – is unconvincing. The detainees have not used the wooden beds in this manner, and there is no reason to believe they will do so with tables. Additionally, concrete tables may be deeply embedded in the ground, thus preventing the detainees from dismantling them. For those accustomed to eat at tables, the need for such tables is part of their human dignity. Detainees are not animals and they should not be forced to eat on the ground. See Yoseph, at 575. It is of course possible that there is not enough space for tables, whether in or around the tents. This may require the expansion of the detention camp. The weight and position of this argument has not been explored before us, and we ask that the matter be reconsidered. Second, the respondent must ensure that books, newspapers and games be provided to the detainees. Minimal standards demand this, and the matter should not be left to the Red Cross. It is the respondent’s duty, and fulfilling it does not interfere with security. Naturally, if the Red Cross has already supplied the detainees with these items, the respondent is no longer obligated to do so. 
Israel, High Court of Justice, Center for the Defense of the Individual v. the Commander of IDF Forces in the West Bank, Judgment, 18 December 2002, §§ 22–28.
Israel
In its judgment in the Yassin case in 2002, Israel’s High Court of Justice stated:
9. An important legal source with regard to detention conditions is the Emergency Powers (Detention) Law-1979. The Detention Regulations were set out pursuant to the grant of authority contained in this law. These regulations set forth the standards that govern the detention conditions of those who are administratively detained in Israel. They also apply to whoever is detained in the area pursuant to security legislation. This is established in regulation 6(b) of the Emergency Regulations (Offences Committed in Israeli-Held Areas – Jurisdiction and Legal Assistance)-1967, which states:
Where an arrest warrant or detention order has been issued against any person in the area, pursuant to the proclamation or the order of a commander, such a warrant or order may be executed in Israel in the same manner that arrest warrants and detention orders are executed in Israel; and that person may be transferred, for detention, to the area where the crime was committed.
In Sajadia the court held, based on this regulation, that Kziot Camp must heed the Detention Regulations as well. See also HCJ 1622/96 Abad Al Rahman Al Ahmed v. The General Defense Service. Regulation 5(a) of these regulations states that “a detainee in a detention facility shall receive the same meal portion provided to the jailers in that detention location.” The regulations do not specify that there must be an operative canteen in the facility. However, they do specify that “in a detention facility which has a canteen, the commanding officer may permit the detainees to purchase goods there.” The regulations also state that “a detainee is entitled to receive medical treatment and medical equipment, as is demanded by his health condition.” See Regulation 6(b). Regulation 6(a) specifies that “a detainee shall be examined monthly by a doctor designated by the commander, and at any time where it becomes necessary to do so.” The Detention Regulations also state that “a detainee is entitled … to receive bathing and cleaning materials as necessary,” regulation 8(a), as is he entitled “to receive newspapers and books for reading, as has been decided by the commander” regulation 8(c).
12. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War [hereinafter The Fourth Geneva Convention] provides an additional legal source for examination of the detention conditions in Kziot Camp. This convention sets forth comprehensive arrangements concerning conditions of detention. The validity of the convention with regard to the detention conditions at Kziot is not a subject of dispute before us, as Israel sees itself as bound by the humanitarian provisions of the convention. We have reviewed the details of these provisions in The Center for the Protection of the Individual, at par. 23.
13. Israeli common law provides an additional legal source concerning this matter. Our common law includes a long list of judgments concerning the conditions of detention in Israel. These judgments are founded on the need to strike a proper balance between the liberty of the individual and the security needs of the public. Justice M. Elon explained the guiding principle of this balance:
It is an important principle that every civil right to which a person is entitled is preserved even when he is imprisoned or detained. Imprisonment does not deprive anyone of any right, unless such deprivation is an inherent part of detention – such as taking away one’s freedom of movement – or where an explicit statute refers to this matter.
HCJ 337/84 Hokma v. The Minister of the Interior, at 832. In the same spirit Justice Matza wrote:
It is a firmly established precept that, even between prison walls, a person’s fundamental rights “survive.” Such rights belong to the prisoner (as well as the detainee) even within his prison cell. The only exceptions to this rule are the prisoner’s right to freedom of movement and other limitations which are inherent to depriving him of his personal liberty, or which are based on explicit legal instructions.
CA 4463/94 Golan v. The Prison Services, at 152-53. Justice Matza continued, at 155:
We do not allow the deprivation of basic human rights, which the prisoners require. These rights consists not only of the prisoner’s right to eat, drink and sleep, but also the right to have these needs supplied in a civilized manner.
These decisions and others like them, whether directly or indirectly, provide standards by which we can examine the detention conditions in Kziot. See, e.g., HCJLA 6561/97 The State of Israel v. Mendelson; HCJL.A. 823/96 Vanunu v. The Prison Service. Furthermore, Israeli administrative law applies to the actions of every government authority in Israel. Thus, these principles apply to the actions of respondents, including the establishment and maintenance of detention conditions. As such, the detention conditions must be reasonable and proportional. See Center for the Defense of the Individual. One may learn about the standards of reasonableness and proportionality from the Standard Minimum Rules for Treatment of Prisoners, which were adopted by the United Nations in 1955. See Droish, at 539; Sajadia, at 832. These standards apply to all forms of imprisonment, including detention. We reviewed the details of these instructions in Center for the Defense of the Individual, at par. 23.
17. Article 85 of the Fourth Geneva Convention concerns living conditions. It states that the detaining authority must ensure that the detainees:
[B]e accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigors of the climate and the effects of war.
In Pictet’s explanation of this rule, he asks:
Could the term “buildings or quarters which afford every possible safeguard as regard hygiene and health, and provide efficient protection against the rigors of the climate and the effects of war” be taken to mean camps made up of tents? This practice is allowed in the case of prisoners of war where the Detaining Powers follow the same procedure for their own troops. During the Second World War it proved satisfactory in certain climates when some essential improvements had been carried out (cement floors, brick walls, stone paths and access roads). The same latitude, however could hardly be granted with regard to civilian internees and it seems clear that “buildings or quarters” must be taken to mean structures of a permanent character.
See J.S. Pictet, Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 386 (1958). I doubt that Pictet’s interpretation is correct. It seems that a better approach would vary according to the time and place. It depends upon the nature of the tents on the one hand, and the conditions of the location on the other. Additionally, a significant factor is whether the detention is short-term or long-term, whether it lasts months or even years. Ultimately, the test is one of reasonableness and proportionality. Thus, we call for this matter to be investigated. 
Israel, High Court of Justice, Yassin case, Judgment, 18 December 2002, §§ 9, 12, 13 and 17.
Nepal
In its order in the Forced Disappearances case in 2007, the Supreme Court of Nepal stated:
When individuals are taken into custody for the purpose of criminal investigations, there is a potential for violations of their rights; as such, agencies in charge of detention must be conscious to uphold the rights of such individuals. The right to meet with family members, the right to legal counsel, the right to seek legal remedies, the right to be free from mental and physical abuse, and the rights to adequate food and information must be respected. 
Nepal, Supreme Court, Forced Disappearances case, Order, 1 June 2007.
Sweden
In its judgment in the Arklöf case in 2006, Sweden’s Stockholm District Court stated:
The situation whereby the prisoners … were not provided with adequate healthcare is a violation of Additional Protocol II article 7. Arklöf was involved in collecting the prisoners and also assaulted them during the forced work. He also had plenty of opportunity, in accordance with the obligation specified in the regulations, to ensure that the injured individuals received care, but neglected to arrange this. In accordance with that stated, Arklöf has incurred individual responsibility as maintained by the prosecutor.
The international law rules that have been violated all have customary status. This relates to serious violations of the international humanitarian rules. 
Sweden, Stockholm District Court, Arklöf case, Judgment, 18 December 2006, pp. 59–60.
Algeria
It is reported that, during the Algerian war of independence: “French prisoners never had any reason to complain about their stay in captivity. In case they were wounded, they received adequate care.” 
La révolution algérienne tient au respect de l’homme, El Moudjahid, Vol. 3, p. 57.
Azerbaijan
In 1993, Azerbaijan’s Ministry of the Interior ordered that troops “in zones of combat, during military operations … must provide care to wounded prisoners”. 
Azerbaijan, Ministry of the Interior, Command of the Troops of the Interior, Order No. 42, Baku, 9 January 1993, § 3.
Djibouti
In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Civilians, combatants [and] captured enemies must be provided with adequate food, water, clothing, shelter and medical careˮ. 
Djibouti, Ministry of National Education and Higher Education, History and Geography Textbook for 8th Grade, 2010, p. 194.
Germany
In 2005, in reply to a question by a Member of the Bundestag (Lower House of Parliament), a German Minister of State, Federal Foreign Office, wrote:
How does the Federal Government assess the legal view of the United States that so-called unlawful combatants are not entitled to the rights according to the Additional Protocols to the Geneva Convention?
As is known, the status of the detainees of the United States in Guantánamo and at other places is contentious. The Federal Government is still of the view that, independent of a subsequent status definition, these detainees are to be treated like prisoners of war, i.e. in compliance with international humanitarian law. This comprises: humane treatment, respect for their persons and their honour, protection against acts of violence and intimidation, the right to medical treatment and, as regards trials, guarantees in line with the rules of law. The Federal Government also adheres to its view that the status of the detainees, contentious under international law, requires clarification and an expeditious solution. 
Germany, Bundestag, Stenographic Report, 7th Sitting, Berlin, Wednesday, 14 December 2005, Written reply by Minister of State, Federal Foreign Office, Plenarprotokoll 16/7, 14 December 2005, Anlage 21, p. 407.
Malaysia
According to the Report on the Practice of Malaysia, during the communist insurgency in Malaysia, all detainees were given medical examinations and provided with necessary medical treatment. 
Report on the Practice of Malaysia, 1997, Chapter 5.3.
Malaysia
In 2010, during the consideration of the status of the 1977 Additional Protocols by the Sixth Committee of the UN General Assembly, a statement of the delegation of Malaysia was summarized by the Committee in its records as follows:
8. [The delegate of Malaysia] said that …
10. … [t]he laws of naval warfare incorporated the fundamental principles of international humanitarian law, including necessity and proportionality …
11. [In the case of the attacks by the Israel Defense Forces on the Mavi Marmara and five accompanying vessels in May 2010] … [w]here vessels were captured, the protections provided in the Second and Fourth Geneva Conventions of 1949 and [the 1977 Additional] Protocol I continued to apply to the persons on board the vessels. 
Malaysia, Statement by the delegation of Malaysia before the Sixth Committee of the UN General Assembly on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict, 18 October 2010, as published in the summary record of the 13th meeting, 8 December 2010, UN Doc. A/C.6/65/SR.13, §§ 8, 10 and 11.
Nepal
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated:
Any detainee shall be held in an officially recognized place of detention. Detained persons shall be kept in humane conditions and provided with adequate food, drinking water, appropriate shelter, clothing, health and sanitation facilities and security. 
Nepal, Declaration of commitment on the implementation of human rights and international humanitarian law, 26 March 2004, § 6.
Philippines
In a memorandum on the strict observance of human rights issued to the Philippine armed forces in 1982, the Philippine Ministry of National Defence provided that medical check-ups were mandatory for persons detained in connection with crimes against national security. 
Philippines, Ministry of National Defence, Memorandum to the Chief of Staff on Strict Observance of Human Rights, Doc. AGA1 B2-29, 20 March 1982, § 2.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include … Article 5 prescribing humane treatment of persons whose liberty ha[s] been restricted … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions. 
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
Sri Lanka
In 2009, in its combined third and fourth periodic reports to the Committee against Torture, Sri Lanka stated:
In the Supreme Court Fundamental Rights Applications 73, 74, 75, 76 of 2002, the Supreme Court directed the Police to be vigilant when they detain suspects in … [p]olice custody and to provide them with … human[e] conditions and treatment in place[s] of detention. It is a requirement that these persons should also be give[n] sufficient water, enough space to sleep and sufficient ventilation, while in custody. In certain cases the Supreme Court has directed the authorities not to keep suspects in congestion when interrogating suspects. 
Sri Lanka, Combined third and fourth periodic reports to the Committee against Torture, 23 September 2010, UN Doc. CAT/C/LKA/3-4, submitted 17 August 2009, Annex, § 26.
Switzerland
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, which stated:
Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike. It calls on the responsible authorities to take the necessary measures to allow the hunger strikers to be medically monitored and receive medical care. Switzerland takes this opportunity to recall the obligations on States to respect international humanitarian law and human rights, in particular with regard to conditions of detention. 
Switzerland, Federal Department of Foreign Affairs, “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, Press Release, 10 May 2012.
United Kingdom of Great Britain and Northern Ireland
In 2003, in reply to a question in the House of Lords, the UK Parliamentary Under-Secretary of State for Defence, Lord Bach, stated:
Lord Vivian: My Lords, can the Minister tell the House how many Iraqi prisoners of war are being detained by British forces and how long it will take to process them and to record their relevant details in accordance with the Geneva Conventions? In addition, how many British troops are required to guard and protect them and what amount of food, water and medical supplies are allocated to them in accordance with the Geneva Conventions?
Lord Bach: My Lords, as of this morning, the United Kingdom of Great Britain and Northern Ireland forces were guarding more than 6,500 coalition prisoners. They are being held in the United Kingdom of Great Britain and Northern Ireland divisional compound in Iraq, and UK forces are deployed to guard the prisoners of war. The numbers depend on the circumstances in force at the time. Therefore, I hope that the noble Lord will understand if I do not give more precise details.
We are processing the prisoners as fast as possible; the Red Crescent is content with the action that we are taking in that regard. Prisoners are of course being given sufficient food, water and access to the medical facilities that they require. 
United Kingdom, House of Lords, Statement by the Parliamentary Under-Secretary of State for Defence, Hansard, 8 April 2003, Vol. 647, Debates, cols. 132–133.
United Kingdom of Great Britain and Northern Ireland
In 2003, in a written reply to a question in the House of Commons, the UK Minister of State for the Armed Forces, Ministry of Defence, stated:
Prisoners of war are provided with Halal food in accordance with local practice. They are given one hot and two cold meals per day, and water and hot drinks are readily available. They are provided with shelter, in the form of carpeted, tented accommodation and, if needed, medical treatment. 
United Kingdom, House of Commons, Written answer by the Minister of State for the Armed Forces, Ministry of Defence, Hansard, 14 April 2003, Vol. 403, Written Answers, cols. 572W–573W.
United Kingdom of Great Britain and Northern Ireland
In 2003, in reply to a written question in the House of Lords, the UK Minister of State, Foreign and Commonwealth Office, stated:
British officials last visited Guantánamo Bay from 21 to 28 April and saw each of the British detainees during that period. The International Committee of the Red Cross has access to the detainees on request. The British detainees have twice-weekly exercise periods outside and are also allowed to exercise in their cells and communal areas. We do not consider this to be sufficient and have raised this issue with the US authorities. 
United Kingdom, House of Lords, Written answer by the Minister of State, Foreign and Commonwealth Office, Hansard, 30 June 2003, Vol. 650, Written Answers, col. WA58.
United Kingdom of Great Britain and Northern Ireland
In 2003, in a written reply to a question in the House of Lords, the UK Minister of State, Foreign and Commonwealth Office, stated:
British officials have visited the British detainees held at Guantánamo Bay five times, most recently in April. As part of the visits they checked on the welfare of the detainees, who appeared generally to be in sound physical health. The physical conditions of their detention appear to be broadly satisfactory. However, we have raised any welfare concerns we may have with the US authorities.
We understand that provision for exercise has improved from the minimum of two 15-minute periods of exercise outside every week, but varies according to circumstances. The camp authorities provide some books, including the Koran.
The US announced on 18 July that they would not commence any military commission proceedings against UK nationals detained at Guantánamo Bay, pending discussions between American and British legal experts. We understand from the US authorities that medical facilities, including psychiatric care, at Guantánamo Bay available to the detainees are of a high standard and are the same as those for US military personnel. We firmly believe that a fair judicial process should take account of a person’s fitness to stand trial. This is one of the specific issues we have raised with the US authorities, and continue to discuss with them. 
United Kingdom, House of Lords, Written answer by the Minister of State, Foreign and Commonwealth Office, Hansard, 8 September 2003, Vol. 652, Written Answers, col. WA17.
United Kingdom of Great Britain and Northern Ireland
In 2004, in a written reply to a question concerning persons detained in southern Iraq, the UK Minister of State for Defence stated: “Individuals detained by British forces in Iraq undergo a full medical examination to ensure detention does not pose a risk to their health.” 
United Kingdom, House of Commons, Written answer by the Minister of State for Defence, Hansard, 28 June 2004, Vol. 423, Written Answers, col. 144W.
United Kingdom of Great Britain and Northern Ireland
In 2004, in a written reply to a question concerning “the document issued to service personnel announcing the ban on the use of hoods for Iraqi prisoners”, the UK Secretary of State for Defence stated:
An amended Standard Operating Instruction on the Policy for Apprehending, Handling and Processing Detainees and Internees was issued on 30 September 2003. The following section of the document contains the relevant information.
a. Apprehended individuals are to be treated at all times fairly, humanely and with respect for his or her personal dignity;
b. Apprehended individuals are to be protected from danger and the elements;
c. Apprehended individuals are not to be kept in direct sunlight for long periods;
d. Medical care is to be provided if required;
e. Food and water are to be provided as necessary, having regard to any national, ethnic or religious dietary requirements;
j. It is a command responsibility to ensure that all apprehended individuals are treated in accordance with these principles. 
United Kingdom, House of Commons, Written answer by the Secretary of State for Defence, Hansard, 7 July 2004, Vol. 423, Written Answers, col. 721W.
United Kingdom of Great Britain and Northern Ireland
In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated:
12. The treaties setting out rules of IHL are supplemented by rules of customary international law (CIL), i.e. rules which are recognized as binding by States, even though they do not appear in treaty texts. … [I]n relation to the rules described below the Government accepts that they reflect CIL. It is suggested that the rules which are of most relevance to this inquiry are:
12.14. … Persons deprived of their liberty must be provided with adequate food, water, clothing, shelter and medical attention. 
United Kingdom, Ministry of Defence, Closing Submissions to the Baha Mousa Public Inquiry on Modules 1–3, 25 June 2010, §§ 12 and 12.14, pp. 28 and 31.
[emphasis in original]
United Kingdom of Great Britain and Northern Ireland
In 2010, the UK Army Inspector examined and assessed the implementation of policy, training and conduct of detainee handling by UK armed forces on operations. The Army Inspector’s final report noted that “[i]n 1972 the UK Government prohibited the use of 5 techniques … [including] deprivation of food and drink … as an aid to interrogation”. 
United Kingdom, Army Inspectorate Review into the Implementation of Policy, Training and Conduct of Detainee Handling, Final Report by the Army Inspector, File Ref. CGS/ArmyInsp/DH/01, 15 July 2010, § 22, p. 13; see also § 6, p. 9.
(footnote in original omitted)
United States of America
In 1991, in a diplomatic note to Iraq concerning operations in the Gulf War, the United States stated: “Iraqi prisoners of war … will not be denied food, water or medical treatment.” 
United States, Department of State, Diplomatic Note to Iraq, Washington, 19 January 1991, annexed to Letter dated 21 January 1991 to the President of the UN Security Council, UN Doc. S/22122, 21 January 1991, Annex I, p. 2.
In a subsequent diplomatic note, the United States reminded the Government of Iraq: “Prisoners of war … must be afforded food, water, clothing and every guarantee of hygiene and healthfulness.” 
United States, Department of State, Diplomatic Note to Iraq, Washington, 20 January 1991, annexed to Letter dated 21 January 1991 to the President of the UN Security Council, UN Doc. S/22122, 21 January 1991, Annex III, p. 4.
United States of America
In a concurrent resolution adopted in 2000, the US Congress expressed its sense concerning the war crimes committed by the Japanese military during the Second World War, in particular the starvation of many US military and civilian prisoners. 
United States, House of Representatives (Senate concurring), Concurrent Resolution, H.CON.RES. 357, 106th Congress, 2nd Session, 19 June 2000.
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the United States that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.
United States of America
In August 2003, the US State Department issued a written response to an opinion issued by the United Nations Commission on Human Rights (UNCHR), dated 8 May 2003, that had referred to a UNCHR Working Group report on Arbitrary Detention, dated 8 January 2003, which was critical of US policy regarding detainees held at the US naval base in Guantánamo Bay, Cuba. In disagreeing with the UNCHR reports, and noting that the competence of the Working Group did not extend to the laws and customs of war, the US response stated:
The detainees are being provided shelter, new clothing and shoes, sleeping pads and blankets and three culturally-sensitive meals a day. Indeed, the detainees have gained an average of thirteen pounds (over five kilos) each since their arrival in Guantánamo Bay …
The United States is also providing the detainees excellent medical care. … The medical treatment provided to detainees at Guantánamo is on a par with treatment afforded to members of the U.S. Armed Forces. For example, detainees have received routine medical care, prescription medication, eye examinations and corrective eyewear, and when serious medical concerns require, even hospitalization and surgery.
In March 2003, a special mental health unit was opened where detainees suffering from depression or other psychological difficulties or diseases receive individualized care and supervision. Although there have been some suicide attempts by detainees, discovery and rapid intervention by military guards have prevented detainee deaths. These individuals were also seen by medical personnel. These attempts are taken seriously and the United States makes every effort to prevent them.
The detainees have been given personal toiletries, new towels and washcloths, and an opportunity to take showers. … Newly-constructed detention facilities include indoor plumbing, more secure exercise areas, and improved shelter from the sun, which improves upon the original, temporary detention facilities which are no longer in use. 
United States, State Department, Response to UNCHR Opinion No. 5/2003 of 8 May 2003 and the Communication of 8 January 2003 of the Working Group on Arbitrary Detention, August 2003.
United States of America
In May 2004, Major General Antonio M. Taguba completed his report of an investigation, ordered by the Commander Coalition Forces Land Component Command, into allegations of detainee abuse and maltreatment by members of the 800th Military Police Brigade at Abu Ghraib Prison (Baghdad Central Confinement Facility (BCCF)). The report referred to a Report on Detention and Corrections in Iraq, dated 5 November 2003, conducted by Major General Donald J. Ryder, US Army Provost Marshal General, in reference to which General Taguba stated: “The Findings and Recommendations of MG Ryder’s Team are thorough and precise and should be implemented immediately”. One of the findings in General Ryder’s report was:
EPWs [Enemy Prisoners of War] and Civilian Internees should receive the full protections of the Geneva Conventions, unless the denial of these protections is due to specifically articulated military necessity (e.g., no visitation to preclude the direction of insurgency operations). 
United States, Department of Defense, Commander Coalition Forces Land Component Command, Investigation of the 800th Military Police Brigade (Taguba Report), May 2004.
United States of America
In March 2006, the US Government issued a written response to a report produced by a group of five special rapporteurs to the United Nations Commission on Human Rights, dated 16 February 2006, which was critical of US policy regarding detainees held at the US Naval Base in Guantánamo Bay, Cuba. The US Government’s response stated in part:
Guantánamo detainees receive:
• 3 nutritionally complete meals daily that meet cultural dietary requirements when requested and any medical requirements that may be applicable.
• Adequate shelter, clothing and hygiene facilities.
• Where security permits, detainees are eligible for communal living in a Medium Security Facility, with fan-cooled dormitories, family-style dinners, and increased outdoor recreation time, where they play board games like chess and checkers, and teamsports like soccer and basketball. Regular exercise, including recreation several hours a day for the most compliant detainees.
• Excellent medical, dental and optical care comparable to or exceeding that received by US Armed Forces deployed overseas.
• Wounded enemy combatants are treated humanely and nursed back to health, amputees are fitted with modern prosthetics, and those detainees who may need it are given physical therapy.
• The lives of insurgents and detainees have been saved by superior medical treatment provided by US military personnel.
• In order to protect the life and health of detainees, authorities are, as necessary, involuntarily feeding detainees on a hunger strike using acceptable medical protocols and procedures that are employed in United States’ domestic prison facilities. As of March 6, 2006, there are only four detainees on hunger strike at Guantánamo Bay. 
United States, Reply of the Government of the United States of America to the Report of the Five UNCHR Special Rapporteurs on Detainees in Guantánamo Bay, Cuba, 10 March 2006, pp. 4-7.
United States of America
In June 2006, the US Assistant Secretary of Defense for Health Affairs participated in a media roundtable, at which he announced the launch of a Defense Department policy document addressing medical program support for detainees, entitled “Medical Program Support for Detainee Operations”. In doing so, he stated:
[H]ealth care for detainees will be provided with the consent of the detainee with certain exceptions that are identified. Some of those relate to life-saving emergencies or public health, or to, for example in the matter of hunger striking, to save the life of or prevent serious bodily harm to the detainee.
Responding to a question regarding the policy on force-feeding of detainees, Dr Winkenwerder stated:
DR. WINKENWERDER: We have a policy that is to preserve life. That policy is an ethical policy. It’s in the best interests of the individual who is a hunger striker, for his life to be preserved, in our judgment.
Q Is that – does medical science in general agree that it’s the caregiver’s decision on that, not the patient’s?
DR. WINKENWERDER: Well, that depends upon the situation. And the answer is that in – there are two principles: the principle of beneficence, or doing right by people; and the principle of autonomy or self-determination. And in the case of a person who has a terminal disease, typically medical providers will honor the request for treatment to be withdrawn. In some cases they won’t, and we all know about the famous court case of a year or so ago when the debate, the Schiavo case, the debate between the very closest family members. And our policy reaffirms what our practice has been, which is – and which is to preserve the life of the person who is under detention. I might add that it is consistent with the U.S. law. It is consistent with the policy of the Bureau of Federal Prisons, title – and you'll see it in the document – Title 28, Code of Federal Regulations – all of these same procedures. 
United States, Department of Defense, Office of the Assistant Secretary of Defense (Public Affairs), News Transcript, Media Roundtable with Assistant Secretary of Defense for Health Affairs, William Winkenwerder, 7 June 2006.
United States of America
In September 2006, the US President spoke before an invited audience at the White House to announce the creation of new military commissions to try suspected terrorists, during which he also announced the transfer of 14 detainees from the Central Intelligence Agency (CIA) detention program (thus publicly revealing that such a program existed) into military custody:
I'm announcing today that Khalid Sheikh Mohammed, Abu Zubaydah, Ramzi bin al-Shibh, and 11 other terrorists in CIA custody have been transferred to the United States Naval Base at Guantánamo Bay. (Applause.) They are being held in the custody of the Department of Defense.
These men will be held in a high-security facility at Guantánamo. The International Committee of the Red Cross is being advised of their detention, and will have the opportunity to meet with them. Those charged with crimes will be given access to attorneys who will help them prepare their defense – and they will be presumed innocent. While at Guantánamo, they will have access to the same food, clothing, medical care, and opportunities for worship as other detainees. They will be questioned subject to the new U.S. Army Field Manual, which the Department of Defense is issuing today. And they will continue to be treated with the humanity that they denied others.
I know Americans have heard conflicting information about Guantánamo. Let me give you some facts. Of the thousands of terrorists captured across the world, only about 770 have ever been sent to Guantánamo. Of these, about 315 have been returned to other countries so far – and about 455 remain in our custody. They are provided the same quality of medical care as the American service members who guard them. 
United States, President George W. Bush, White House speech, President Discusses Creation of Military Commissions to Try Suspected Terrorists, 6 September 2006.
United States of America
In February 2008, in a statement on the US Department of Justice’s legal review of the Central Intelligence Agency (CIA) programme of detention and interrogation before the House Committee on the Judiciary Sub-Committee on the Constitution, Civil Rights, and Civil Liberties, the Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, stated:
The CIA program is now operated in accordance with the President’s executive order of July 20th, 2007, which was issued pursuant to the Military Commissions Act [2006]. The President’s executive order requires that the CIA program comply with a host of substantive and procedural requirements.
… All detainees in the program must be afforded the basic necessities of life, including adequate food and shelter and essential medical care; they must be protected from extremes in temperature … The Director of the CIA must have rules and procedures in place to ensure compliance with the executive order. 
United States, Statement by the Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, before the House Committee on the Judiciary Sub-Committee on the Constitution, Civil Rights, and Civil Liberties, 14 February 2008, p. 5.
United States of America
In November 2010, in responding to the recommendations made by the Working Group of the UN Human Rights Council’s Universal Periodic Review of US human rights records, the US Department of State Legal Adviser stated:
Most of these recommendations referred to our country’s continuing armed conflicts in Afghanistan, Iraq, and against Al Qaeda and associated forces. … [A]n independent review ordered by President Obama found the conditions there [Guantánamo] far surpass the standards of Common Article III of the [1949] Geneva Conventions. 
United States, Statement by the Legal Adviser, US Department of State, before the UN Human Rights Council, Geneva, 9 November 2010, p. 2.
Yugoslavia, Socialist Federal Republic of
In 1991, in a document entitled “Examples of violations of the rules of international law committed by the so-called armed forces of Slovenia”, the Ministry of Defence of the Socialist Federal Republic of Yugoslavia included the following example: “Accommodation in prisons is absolutely unacceptable: people sleep on concrete floors, are being kept hungry and without minimum conditions for personal hygiene.” 
Yugoslavia, Socialist Federal Republic of, Ministry of Defence, Examples of violations of the rules of international law committed by the so-called armed forces of Slovenia, 10 July 1991, § 3(iii).
UN Security Council
In a resolution adopted in 1992 on Bosnia and Herzegovina, the UN Security Council demanded that all detainees in camps, prisons and detention centres in Bosnia and Herzegovina “receive humane treatment, including adequate food, shelter and medical care”. 
UN Security Council, Res. 770, 13 August 1992, § 3, voting record: 12-0-3.
UN General Assembly
In a resolution adopted in 2003 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly:
Calls upon all States to provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and its associated personnel, to afford them the necessary medical assistance and to allow independent medical teams to visit and examine the health of those detained. 
UN General Assembly, Res. 58/122, 17 December 2003, § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly:
Calls upon all States to provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and its associated personnel, to afford them the necessary medical assistance and to allow independent medical teams to visit and examine the health of those detained. 
UN General Assembly, Res. 59/211, 20 December 2004, § 11, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the safety and security of humanitarian personnel and protection of United Nations personnel, the UN General Assembly:
Calls upon all States to provide adequate and prompt information in the event of the arrest or detention of humanitarian personnel or United Nations and associated personnel, so as to afford them the necessary medical assistance and to allow independent medical teams to visit and examine the health of those detained. 
UN General Assembly, Res. 60/123, 15 December 2005, § 10, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on torture and other cruel, inhuman or degrading treatment or punishment, the UN General Assembly:
Recalls its resolution 43/173 of 9 December 1988 on the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and in this context stresses that ensuring that any individual arrested or detained is promptly brought before a judge or other independent judicial officer in person and permitting prompt and regular medical care and legal counsel as well as visits by family members and independent monitoring mechanisms can be effective measures for the prevention of torture and other cruel, inhuman or degrading treatment and punishment. 
UN General Assembly, Res. 60/148, 16 December 2005, § 10, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the situation in Afghanistan, the UN General Assembly urged the Government of Afghanistan and the international community to “devote resources also to the reconstruction and reform of the prison sector in order to improve respect for the rule of law and human rights therein, while reducing physical and mental health risks to inmates”. 
UN General Assembly, Res. 61/18, 28 November 2006, § 27, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on torture and other cruel, inhuman or degrading treatment or punishment, the UN General Assembly:
Recalls its resolution 43/173 of 9 December 1988 on the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and in this context stresses that ensuring that any individual arrested or detained is promptly brought before a judge or other independent judicial officer in person and permitting prompt and regular medical care and legal counsel as well as visits by family members and independent monitoring mechanisms are effective measures for the prevention of torture and other cruel, inhuman or degrading treatment and punishment. 
UN General Assembly, Res. 61/153, 19 December 2006, § 11, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the situation in Afghanistan, the UN General Assembly urged the Government of Afghanistan and the international community to “devote resources also to the reconstruction and reform of the prison sector in order to improve respect for the rule of law and human rights therein, while reducing physical and mental health risks to inmates”. 
UN General Assembly, Res. 62/6, 11 November 2007, § 18, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on torture and other cruel, inhuman or degrading treatment or punishment, the UN General Assembly:
Recalls its resolution 43/173 of 9 December 1988 on the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and in this context stresses that ensuring that any individual arrested or detained is promptly brought before a judge or other independent judicial officer in person and permitting prompt and regular medical care and legal counsel as well as visits by family members and independent monitoring mechanisms are effective measures for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. 
UN General Assembly, Res. 62/148, 18 December 2007, § 14, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Appeals to all States to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person and that conditions in places of detention conform to the Standard Minimum Rules for the Treatment of Prisoners and, where applicable, to the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977 in relation to the treatment of prisoners in armed conflicts, as well as to other pertinent international instruments. 
UN Commission on Human Rights, Res. 2003/53, 24 April 2003, § 10, voting record: 37-0-16.
UN Commission on Human Rights
In a resolution adopted in 2004 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Appeals to all States to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person and that conditions in places of detention conform to the Standard Minimum Rules for the Treatment of Prisoners and, where applicable, to the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977 in relation to the treatment of prisoners in armed conflicts, as well as to other pertinent international instruments. 
UN Commission on Human Rights, Res. 2004/37, 19 April 2004, § 11, voting record: 39-0-12.
UN Commission on Human Rights
In a resolution adopted in 2004 on the protection of United Nations personnel, the UN Commission on Human Rights called upon all States and others concerned:
To allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance. 
UN Commission on Human Rights, Res. 2004/77, 21 April 2004, § 4(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Appeals to all States to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person and that conditions in places of detention conform to the Standard Minimum Rules for the Treatment of Prisoners and, where applicable, to the Geneva Conventions, of 12 August 1949, and the Additional Protocols thereto of 8 June 1977 in relation to the treatment of prisoners in armed conflicts, as well as to other pertinent international instruments. 
UN Commission on Human Rights, Res. 2005/34, 19 April 2005, § 11, voting record: 36-0-17.
OAU Conference of African Ministers of Health
In a resolution adopted in 1995 on health and prison, the OAU Conference of African Ministers of Health stated:
Recalling that there are established international standards for the treatment of detainees, recognised and accepted by States and constituting a useful reference framework for ensuring that detained persons are accorded humane treatment:
1. Urges Member States to be responsive to the health needs of detained persons;
2. Exhorts Member States to pursue their efforts towards a lasting solution to the serious problems posed by overcrowding at places of detention;
3. Calls on Member States to take appropriate measures to ensure that persons deprived of their liberty are given a balanced and adequate diet suited to their needs, as well as an adequate supply of drinking water;
4. Further calls on Member States to provide adequate premises for the accommodation of detained persons in conformity with the requirements of hygiene and housing standards, and to strengthen the health services destined for detained persons by ensuring that the penitentiary system is endowed with adequate food, nutritional conditions, sanitary facilities and medicine;
5. Requests the Secretary-General of OAU with technical support of ICRC to submit to the Conference of African Ministers of Health, a report on the progress made in the area of prison health care in Africa;
6. Urges Member States to ensure that persons deprived of liberty enjoy access to curative health care equal to that accorded to the rest of the population. 
OAU, Conference of African Ministers of Health, Res. 7(V), 24–29 April 1995, preamble and §§ 1–6.
International Conference of the Red Cross (1969)
The 21st International Conference of the Red Cross in 1969 adopted a resolution on the protection of prisoners of war in which it recognized that, irrespective of the 1949 Geneva Convention III, “the international community has consistently demanded humane treatment for prisoners of war, including … provision of an adequate diet and medical care”. 
21st International Conference of the Red Cross, Istanbul, 6–13 September 1969, Res. XI.
International Criminal Tribunal for the former Yugoslavia
In the Krnojelac case before the ICTY in 1997, the accused was charged with inhuman acts, wilfully causing great suffering and cruel treatment on the basis of inhumane conditions of detention consisting of locking detainees in their cells except when taken to eat or work duties, overcrowded cells with insufficient facilities for bedding and personal hygiene, starvation rations, lack of changes of clothing, absence of heating and lack of proper medical treatment. 
ICTY, Krnojelac case, Initial indictment, 17 June 1997, § 5.32.
International Criminal Tribunal for the former Yugoslavia
In its judgment in the Aleksovski case in 1999, the ICTY Trial Chamber held, in relation to detention conditions:
158. The evidence clearly demonstrated that the premises were not appropriate for the number of detainees. The Trial Chamber finds that the inadequate space and heating which made the detention particularly difficult has been established.
164. The sanitary conditions could have been considered reasonable for a number of detainees proportional to its prison capacity. However, they were highly unsatisfactory in view of the number of individuals detained throughout the period covered by the indictment.
173. The testimony does not show serious food shortage in Kaonik prison. The detainees were fed and the relative lack of food was the result of shortages caused by the war and affected everyone, detainees and non-detainees alike. The testimony moreover in no way demonstrates a desire to starve the detainees or to differentiate the detainees from prison staff.
182. The testimony demonstrates that, in general, the detainees did receive [medical] treatment. Although it would probably be considered insufficient in ordinary times, the detainees’ general conditions do not appear to have been so bad that they demonstrate a deliberate resolve to cause the persons concerned great suffering or serious injury to body or health. The testimony also demonstrates that the accused usually did whatever was in his power to ensure that the detainees received the necessary medical care or, at the very least, treatment available at the closest medical centre. In the result, the Trial Chamber finds the accused not culpable on this ground. 
ICTY, Aleksovski case, Judgment, 25 June 1999, §§ 158, 164, 173 and 182.
Human Rights Committee
On numerous occasions, the Human Rights Committee found violations of Article 7 of the 1966 International Covenant on Civil and Political Rights (prohibition of torture or cruel, inhuman or degrading treatment or punishment) in respect of prison conditions. For example, the overall approach seems to have been set in Mukong v. Cameroon in 1992:
As to the conditions of detention in general, the Committee observes that certain minimum standards regarding the conditions of detention must be observed regardless of a State party’s level of development. These include, in accordance with rules 10, 12, 17, 19 and 20 of the Standard Minimum Rules for the Treatment of Prisoners, minimum floor space and cubic content of air for each prisoner, adequate sanitary facilities, clothing which shall be in no manner degrading or humiliating, provision of a separate bed and provision of food of nutritional value adequate for health and strength. It should be noted that these are minimum requirements which the Committee considers should always be observed, even if economic or budgetary considerations may make compliance with these obligations difficult. 
Human Rights Committee, Mukong v. Cameroon, Views, 8 July 1992, § 9.3.
Human Rights Committee
In Rouse v. Philippines in 2005, the Human Rights Committee held:
As to the author’s claim under article 7 [of the International Covenant on Civil and Political Rights], the Committee recalls that States parties are under an obligation to observe certain minimum standards of detention, which include provision of medical care and treatment for sick prisoners, in accordance with rule 22 (2) of the Standard Minimum Rules for the Treatment of Prisoners. It is apparent from the author’s uncontested account that he suffered from severe pain due to aggravated kidney problems, and that he was not able to obtain proper medical treatment from the prison authorities. As the author suffered such pain for a considerable amount of time, from 2001 up to his release in September 2003, the Committee finds that he was the victim of cruel and inhuman treatment in violation of article 7. In the light of this finding, it is unnecessary to consider the author’s additional claim under article 7. 
Human Rights Committee, Rouse v. Philippines, Views, 5 August 2005, § 7.8.
Inter-American Commission on Human Rights
In the section of its Annual Report 1990–1991 concerning El Salvador, the Inter-American Commission on Human Rights expressed profound concern over the poor prison conditions in which political prisoners were held (overcrowded facilities in bad condition, poor food and medical attention). 
Inter-American Commission on Human Rights, Annual Report 1990–1991, Doc. OEA/Ser.L/V/II.79.rev.1 Doc. 12, 22 February 1991, p. 440.
Inter-American Commission on Human Rights
In 1993, in a report on the situation of human rights in Peru, the Inter-American Commission on Human Rights recommended, with reference to a prison to which members of the Tupac Amaru Revolutionary Movement were transferred, that Peru allow into the prison clothing, medicine, coats and toiletries required by the inmates to meet their vital needs. 
Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Peru, Doc. OEA/Ser.L/V/II.83 Doc. 31, 12 March 1993, pp. 27–29.
Eritrea-Ethiopia Claims Commission
In its Prisoners of War (Eritrea’s Claim) partial award in 2003, the Eritrea-Ethiopia Claims Commission, in considering the basic provisions to which persons deprived of their liberty are entitled, stated:
55. Under customary international law, as reflected in [the 1949] Geneva Convention III, the requirement of treatment of POWs as human beings is the bedrock upon which all other obligations of the Detaining Power rest. At the core of the Convention regime are the legal obligations to keep POWs [prisoners of war] alive and in good health. The holdings made in this section are organized to emphasize these core obligations.
...
115. A Detaining Power has the obligation to provide in its POW camps the medical assistance on which the POWs depend to heal their battle wounds and to prevent further damage to their health. This duty is particularly crucial in camps with a large population and a greater risk of transmission of contagious diseases.
116. The protections provided by Articles 15, 20, 29, 30, 31, 109 and 110 of Geneva Convention III are unconditional. These rules, which are based on similar rules in Articles 4, 13, 14, 15 and 68 of the Geneva Convention Relative to the Treatment of Prisoners of War of July 27, 1929, are part of customary international law.
117. Many of these rules are broadly phrased and do not characterize precisely the quality or extent of medical care necessary for POWs. Article 15 speaks of the “medical attention required by their state of health;” Article 30 requires infirmaries to provide prisoners “the attention they require” The lack of definition regarding the quality or extent of care “required” led to difficulties in assessing this claim. Indeed, standards of medical practice vary around the world, and there may be room for varying assessments of what is required in a specific situation. Moreover, the Commission is mindful that it is dealing here with two countries with very limited resources.
118. Nevertheless, the Commission believes certain principles can be applied in assessing the medical care provided to POWs. The Commission began by considering Article 15’s concept of the maintenance of POWs, which it understands to mean that a Detaining Power must do those things required to prevent significant deterioration of a prisoner’s health. Next, the Commission paid particular attention to measures that are specifically required by Geneva Convention III such as the requirements for segregation of prisoners with infectious diseases and for regular physical examinations.
...
125. … Under international humanitarian law, any POW has the right to seek medical examination on the POW’s own initiative, and to obtain medical attention from qualified medical personnel so as to assess the existence of an ailment, its identity and the required treatment. If needed medical care cannot be given at the camp clinic, a POW must be treated at a more specialized hospital.
126. … Under Article 31 of Geneva Convention III, POWs must be medically examined at least once a month, for example, to check and record their weight and diagnos[e] contagious diseases.
...
132. Finally, preventive care is a matter of particular concern to the Commission. As evidenced by their prominence in Geneva Convention III, regular medical examinations of all POWs are vital to maintaining good health in a closed environment where diseases are easily spread. The Commission considers monthly examinations of the camp population to be a preventive measure forming part of the Detaining Power’s obligations under international customary law. 
Eritrea-Ethiopia Claims Commission, Prisoners of War, Eritrea’s Claim, Partial Award, 1 July 2003, §§ 55, 115–118, 125–126 and 132; see also Prisoners of War, Ethiopia’s Claim, Partial Award, 1 July 2003, §§ 104–107, 118 and 120.
[footnotes in original omitted; emphasis in original]
Eritrea-Ethiopia Claims Commission
In its Prisoners of War (Ethiopia’s Claim) partial award in 2003, the Eritrea-Ethiopia Claims Commission, in considering the rights of persons deprived of their liberty, stated:
70. The Commission believes that the requirement to provide POWs with medical care during the initial period after capture must be assessed in light of the harsh conditions on the battlefield and the limited extent of medical training and equipment available to front line troops. …
87. A fundamental principle of [1949] Geneva Convention III is that detention of POWs must not seriously endanger the health of those POWs. This principle, which is also a principle of customary international law, is implemented by rules that mandate camp locations where the climate is not injurious; shelter that is adequate, with conditions as favorable as those for the forces of the Detaining Power who are billeted in the area, including protection from dampness and adequate heat and light, bedding and blankets; and sanitary facilities which are hygienic and are properly maintained. Food must be provided in a quantity and quality adequate to keep POWs in good health, and safe drinking water must be adequate. Soap and water must also be sufficient for the personal toilet and laundry of the POWs.
88. Geneva Convention III declares the principle that any “unlawful act or omission by the Detaining Power seriously endangering the health of a prisoner will be regarded as a serious breach of the present Convention.” The Commission believes this principle should guide its determination of the liability of the Parties for alleged violations of any of the obligations noted above. Rather than simply deciding whether there were violations, however minor or transitory, the Commission’s task in this proceeding is to determine whether there were violations which warrant the imposition of damages because they clearly endangered the lives or health of POWs in contravention of the basic policy of the Convention and customary international law.
125. … [S]carcity of finances and infrastructure cannot excuse a failure to grant the minimum standard of medical care required by international humanitarian law. The cost of such care is not, in any event, substantial in comparison with the other costs imposed by the armed conflict.
147. … Article 78 of Geneva Convention III assures POWs the right to “make known” to the military authorities holding them “requests” regarding their conditions. Requests and complaints cannot be limited, cannot be punished, and must be transmitted immediately. 
Eritrea-Ethiopia Claims Commission, Prisoners of War, Ethiopia’s Claim, Partial Award, 1 July 2003, §§ 70, 87–88, 125 and 147.
[footnotes in original omitted; emphasis in original]
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “The detaining power is bound to provide, free of charge, for the maintenance of prisoners of war and for the medical attention required by their state of health.” They further teach that “the daily food and the clothing shall be sufficient to keep prisoners of war in good health (e.g. quantity and quality adapted to climate)” and that “the medical service shall be adapted to the prisoners’ needs (e.g. cleanliness of camp, conditions of health and hygiene, adequate infirmary, monthly medical inspection of prisoners)”. Delegates also teach that prisoners of war shall be allowed to “receive individual parcels or collective shipments”. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 668, 705, 706 and 716; see also § 839 (application mutatis mutandis of the regulations for the treatment of prisoners of war to civilian internees).
ICRC
In 1994, in a Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise in the Great Lakes region, the ICRC stated that particular care should be taken to ensure that detained persons were provided “satisfactory material conditions with respect to hygiene, food and accommodation”. 
ICRC, Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise, Geneva, 23 June 1994, § I, reprinted in Marco Sassòli and Antoine A. Bouvier, How Does Law Protect in War?, ICRC, Geneva, 1999, p. 1308.
ICRC
Since 1995, the ICRC has supplemented the Rwandan Government’s provision for the basic needs of detainees. For instance, in 1999, the ICRC provided 11,399 tonnes of food to detainees in civilian prisons and detainees in a military prison to supplement their government-supplied rations; supplied Nutriset-enriched milk to severely malnourished detainees and carried out Body Mass Index tests to assess inmates’ nutritional condition; distributed 321 tonnes of material assistance (mainly hygiene products) and basic medical supplies to detainees; and carried out repairs and renovation work to kitchens, firewood shelters, prison cells, sewers and waste-water and rainwater drainage systems to counter unhealthy conditions of detention. 
ICRC, Annual Report 1999, Geneva, 2000, p. 93.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “All persons deprived of their liberty shall be … provided with adequate food and drinking water, decent accommodation and clothing, and be afforded safeguards as regards health, hygiene, and working and social conditions.” 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 4 (2), IRRC, No. 282, p. 332.