Practice Relating to Rule 123. Recording and Notification of Personal Details of Persons Deprived of Their Liberty

Hague Regulations (1899)
Article 14, first paragraph, of the 1899 Hague Regulations provides:
A bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of internments and changes, as well as of admissions into hospital and death. 
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 14, first para.
Hague Regulations (1907)
Article 14, first paragraph, of the 1907 Hague Regulations provides:
An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in the neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments and transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. 
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 14, first para.
Geneva Convention III
Article 122 of the 1949 Geneva Convention III provides that each party shall institute an official Information Bureau for prisoners of war whose function it is to collect detainees’ details and location and forward them to the powers concerned. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 122.
Geneva Convention III
Article 123, first and second paragraphs, of the 1949 Geneva Convention III provides:
A Central Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency is to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 123, first and second paras.
Geneva Convention IV
With respect to civilian internees, Articles 136, 137 and 140 of the 1949 Geneva Convention IV contain regulations that are analogous to those applicable to prisoners of war found in Articles 122 and 123 of the 1949 Geneva Convention III. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Articles 136, 137 and 140.
Inter-American Convention on the Forced Disappearance of Persons
Article XI of the 1994 Inter-American Convention on the Forced Disappearance of Persons provides:
States Parties shall establish and maintain official up-to-date registries of their detainees and shall make them available to relatives, judges, attorneys, any other person having a legitimate interest, and other authorities. 
Inter-American Convention on the Forced Disappearance of Persons, adopted by the Twenty-fourth Regular Session of the OAS General Assembly, Res. 1256 (XXIV-O/94), Belém do Pará, 9 June 1994, Article XI.
Agreement on the Military Aspects of the Peace Settlement annexed to the Dayton Accords
Article IX of the 1995 Agreement on the Military Aspects of the Peace Settlement annexed to the Dayton Accords stated that, in order to speed up the release process, the parties were to draw up comprehensive lists of prisoners, including details of their nationality, name, rank, and any internment or military serial number, and provide these to the ICRC, the other parties, the Joint Military Commission and the High Representative within 21 days. 
General Framework Agreement for Peace in Bosnia and Herzegovina, Annex 1A, Military Aspects of the Peace Settlement, signed by the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska, Dayton, 22 November 1995, Article IX.
Convention on Enforced Disappearance
The 2006 Convention on Enforced Disappearance provides:
Recalling … relevant international instruments in the fields of human rights, humanitarian law and international criminal law,
Article 17
1. No one shall be held in secret detention.
3. Each State Party shall assure the compilation and maintenance of one or more up-to-date official registers and/or records of persons deprived of liberty, which shall be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law of the State Party concerned or any relevant international legal instrument to which the State concerned is a party. The information contained therein shall include, as a minimum:
(a) The identity of the person deprived of liberty;
(b) The date, time and place where the person was deprived of liberty and the identity of the authority that deprived the person of liberty;
(c) The authority that ordered the deprivation of liberty and the grounds for the deprivation of liberty;
(d) The authority responsible for supervising the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;
(f) Elements relating to the state of health of the person deprived of liberty;
(g) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains;
(h) The date and time of release or transfer to another place of detention, the destination and the authority responsible for the transfer.
Article 18
1. Subject to articles 19 and 20, each State Party shall guarantee to any person with a legitimate interest in this information, such as relatives of the person deprived of liberty, their representatives or their counsel, access to at least the following information:
(a) The authority that ordered the deprivation of liberty;
(b) The date, time and place where the person was deprived of liberty and admitted to the place of deprivation of liberty;
(c) The authority responsible for supervising the deprivation of liberty;
(d) The whereabouts of the person deprived of liberty, including, in the event of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;
(e) The date, time and place of release;
(f) Elements relating to the state of health of the person deprived of liberty;
(g) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains.
2. Appropriate measures shall be taken, where necessary, to protect the persons referred to in paragraph 1 of this article, as well as persons participating in the investigation, from any ill-treatment, intimidation or sanction as a result of the search for information concerning a person deprived of liberty.
Article 20
1. Only where a person is under the protection of the law and the deprivation of liberty is subject to judicial control may the right to information referred to in article 18 be restricted, on an exceptional basis, where strictly necessary and where provided for by law, and if the transmission of the information would adversely affect the privacy or safety of the person, hinder a criminal investigation, or for other equivalent reasons in accordance with the law, and in conformity with applicable international law and with the objectives of this Convention. In no case shall there be restrictions on the right to information referred to in article 18 that could constitute conduct defined in article 2 or be in violation of article 17, paragraph 1.
2. Without prejudice to consideration of the lawfulness of the deprivation of a person’s liberty, States Parties shall guarantee to the persons referred to in article 18, paragraph 1, the right to a prompt and effective judicial remedy as a means of obtaining without delay the information referred to in article 18, paragraph 1. This right to a remedy may not be suspended or restricted in any circumstances.
Article 22
Without prejudice to article 6, each State Party shall take the necessary measures to prevent and impose sanctions for the following conduct:
(a) Delaying or obstructing the remedies referred to in article 17, paragraph 2 (f), and article 20, paragraph 2;
(b) Failure to record the deprivation of liberty of any person, or the recording of any information which the official responsible for the official register knew or should have known to be inaccurate;
(c) Refusal to provide information on the deprivation of liberty of a person, or the provision of inaccurate information, even though the legal requirements for providing such information have been met. 
International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the UN General Assembly, Res. 61/177, 20 December 2006, Annex, Preamble and Articles 17–18, 20 and 22.
Standard Minimum Rules for the Treatment of Prisoners
Rule 7 of the 1955 Standard Minimum Rules for the Treatment of Prisoners provides:
In every place where persons are imprisoned there shall be kept a bound registration book with numbered pages in which shall be entered in respect of each prisoner received:
(a) information concerning his identity;
(b) the reasons for his commitment and authority therefor;
(c) the day and hour of his admission and release. 
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, Rule 7.
European Prison Rules
Rule 8 of the 1987 European Prison Rules provides:
In every place where persons are imprisoned a complete and secure record of the following information shall be kept concerning each prisoner received: a. information concerning the identity of the prisoner; b. the reasons for commitment and the authority therefor; c. the day and hour of admission and release. 
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, Rule 8.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
Principle 16 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides:
Promptly after arrest and after each transfer from one place of detention or imprisonment to another, a detained or imprisoned person shall be entitled to notify or to require the competent authority to notify members of his family or other appropriate persons of his choice of his arrest, detention or imprisonment or of the transfer and of the place where he is kept in custody. 
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the UN General Assembly, Res. 43/173, 9 December 1988, Principle 16.
Agreement between Croatia and the Socialist Federal Republic of Yugoslavia on the Exchange of Prisoners
Paragraph 3 of the 1991 Agreement between Croatia and the Socialist Federal Republic of Yugoslavia on the Exchange of Prisoners provides:
Both Parties shall exchange the lists of all prisoners, with precise indication of the place where these prisoners are detained, and copies of these lists shall be handed over to the representative of the ICRC. 
Agreement between Croatia and the Socialist Federal Republic of Yugoslavia on the Exchange of Prisoners and of Persons Deprived of Liberty, Zagreb, 6 November 1991, § 3.
Agreement No. 2 between the Parties to the Conflict in Bosnia and Herzegovina on the Implementation of the Agreement of 22 May 1992
Paragraph 2 of Agreement No. 2 between the Parties to the Conflict in Bosnia and Herzegovina on the Implementation of the Agreement of 22 May 1992 provided that a Commission, consisting of four liaison officers appointed by the parties, would be created under the auspices of the ICRC and assume the exchange of lists of prisoners. 
Agreement No. 2 between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community) on the implementation of the Agreement of 22 May 1992, Geneva, 23 May 1992, § 2.
Agreement No. 3 between the Parties to the Conflict in Bosnia and Herzegovina on the ICRC Plan of Action
Section IV of the 1992 Agreement No. 3 between the Parties to the Conflict in Bosnia and Herzegovina on the ICRC Plan of Action provided: “The parties will notify the ICRC of the identity of all persons captured or detained.” 
Agreement No. 3 between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representative of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community) on the ICRC Plan of Action, Geneva, 6 June 1992, Section IV.
Agreement between Croatia and the Parties to the Conflict in Bosnia and Herzegovina on the Release and Transfer of Prisoners
Article 6(2) of the 1992 Agreement between the Parties to the Conflict in Bosnia and Herzegovina on the Release and Transfer of Prisoners provides: “Each party will notify the ICRC … of the name and location of any other places where prisoners are being held on the territory under its control and of all prisoners held in those places.” 
Agreement on the Release and Transfer of Prisoners, concluded between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representative of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Mate Boban (President of the Croatian Democratic Community), Geneva, 1 October 1992, Article 6(2).
UN Declaration on Enforced Disappearance
Article 10 of the 1992 UN Declaration on Enforced Disappearance provides:
1. Any person deprived of liberty shall be held in an officially recognized place of detention and, in conformity with national law, be brought before a judicial authority promptly after detention.
3. An official up-to-date register of all persons deprived of their liberty shall be maintained in every place of detention. 
Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the UN General Assembly, Res. 47/133, 18 December 1992, Article 10(1) and (3).
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 3 of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides:
Shall remain prohibited at any time and in any place whatsoever with respect to persons hors de combat … failure to report the identity, personal condition and circumstances of a person deprived of his/her liberty for reasons related to the armed conflict to the Parties to enable them to perform their duties and responsibilities under this Agreement and under international humanitarian law. 
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 3.
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: “Sufficient information shall be made available concerning persons who have been deprived of their liberty.” 
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(a) of the 1999 UN Secretary-General’s Bulletin, regarding the treatment of detained persons, provides:
Their capture and detention shall be notified without delay to the party on which they depend and to the Central Tracing Agency of the International Committee of the Red Cross (ICRC), in particular in order to inform their families.  
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(a).
Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan (2005)
Paragraphs 7 and 10 of the 2005 Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan state:
7. The Participants will be responsible for maintaining accurate written records accounting for all detainees that have passed through their custody. Such written records should, at a minimum, contain personal information (as far as known or indicated), gender, physical description and medical condition of the detainee, and, subject to security considerations, the location and circumstances of capture. Such written records will be available for inspection by the International Committee of the Red Cross upon request. Copies of all records relating to the detainee will be transferred to any subsequent Accepting Power should the detainee be subsequently transferred. The originals of all records will be retained by the Transferring Power.
10. Recognizing their obligations pursuant to international law to assure that detainees continue to receive humane treatment and protections to the standards set out in the Third Geneva Convention, the Participants, upon transferring a detainee, will notify the International Committee of the Red Cross through appropriate national channels. 
Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan, signed on 18 December 2005 in Kabul by the Afghan Minister of Defence and the Canadian Chief of Defence Staff, §§ 7 and 10.
Argentina
Argentina’s Law of War Manual (1969) provides: “Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power.” It further notes that each of the Parties to the conflict shall give its Bureau the information regarding any enemy person who has fallen into its Power. The manual adds:
The information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent …
A Central Prisoners of War Information Agency shall be created in a neutral country … The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. 
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, §§ 2.101 and 2.102.
Australia
Australia’s Commanders’ Guide (1994) provides: “Basic identifying information is required by the enemy to enable notification of capture to the Central PW Information Bureau.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 710.
Australia
Australia’s LOAC Manual (2006) states:
As soon as hostilities start each party involved should, where appropriate, take certain immediate steps for the benefit of PW [prisoners of war]. These include:
• setting up an official Information Bureau for the PW it holds. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 10.3.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that prisoners of war “must be identified and have their names put on a list that must be sent to their State of origin”. 
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.
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994) provides: “A list of evacuated prisoners shall be established as soon as possible.” 
Burkina Faso, Règlement de Discipline Générale dans les Forces Armées, Décret No. 94-159/IPRES/DEF, Ministère de la Défense, 1994, Article 36(4).
Cameroon
Cameroon’s Disciplinary Regulations (1975) provides: “A list of prisoners must be established as soon as possible. When operations permit, the list must be communicated to the official organs of the Red Cross.” 
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 all prisoners arriving in camps shall be identified, registered and recorded. 
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. 118, § 431.
The manual further states that a list of prisoners shall be established and sent to the National Information Bureau. 
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. 46, § 163.
Cameroon
Cameroon’s Instructor’s Manual (2006) states: “All prisoners of war that arrive in [prisoner-of-war] camps must be identified, counted and registered.” 
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. 264, § 621.
The manual further states: “The International Committee of the Red Cross (ICRC) … has a Tracing Centre tasked with determining the exact whereabouts of prisoners of war”. 
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. 121, § 402; see also p. 163, § 462.
The manual also states with regard to prisoners of war: “The list of prisoners must be established and passed on to the National Information Bureau via the appropriate channel.” 
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. 124, § 404; see also p. 166m § 463.
The manual also provides: “After their death, the wills of prisoners of war must be transmitted without delay to the Protecting Power and a certified copy must be sent to the National Information Bureau.” 
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. 264, § 621
The manual further states: “The National Information Bureau in liaison with the responsible officer must establish exhaustive lists of all deceased prisoners of war.” 
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. 265, § 621.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states:
Article 33: Treatment of prisoners of war
Every prisoner, during his first interrogation, is bound to give simply his surnames, first names, rank, date of birth, personal or serial number or any other equivalent information.
Prisoners must be evacuated, as soon as possible after their interrogation, to collection points situated in an area far enough from the combat zone, thus avoiding exposing them unnecessarily to danger.
The list of evacuated prisoners shall be drawn up as soon as the mission allows and be communicated to the competent organs of the International Committee of the Red Cross (ICRC). 
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 an official information bureau shall be established at the outbreak of hostilities to gather and pass on all information concerning prisoners of war. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-6, § 50.
The manual further states:
Each party is bound, as soon as possible, to give its bureau full particulars relating to the placing in custody for more than 2 weeks, the placing in assigned residence, or internment, of any protected person … It is the duty of each party to see that its various departments give the bureau prompt information concerning the protected persons, e.g., transfers, releases, repatriations, escape, admissions to hospital, births and deaths. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-7, § 59.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “Parties holding wounded, sick and shipwrecked personnel are obliged to record and forward the same details of identity and capture as in the case of any other PW [prisoner of war].” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 905.
In its chapter on the treatment of prisoners of war, the manual states:
1031. Capture Card
1. Immediately upon capture and upon transfer from one place of detention to another, PWs shall be allowed to send a card to their families and to the Central PWs Agency giving information of their capture, address and state of health. These cards must be forwarded without delay.
1036. Information Bureau and Central Agency
1. On the outbreak of the conflict, and in all cases of occupation, all parties concerned shall set up an official Information Bureau for PWs in their power. Similar action shall be taken by any neutral or non-belligerent state receiving within its territory persons entitled to be treated as PWs. All parties to the conflict, neutrals and non-belligerent states shall inform the Bureau concerning the PWs in their hands, and the Bureau shall pass such information to the Protecting Power and the Central Agency. The Information Bureau is also responsible for replying to enquiries concerning PWs and collecting all personal valuables and documents useful to next of kin, left by PWs who have been repatriated or released, escaped or died. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 1031 and 1036.
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 “Aliens in the territory of a party to the conflict”, the manual states: “Unless the protected person objects, the belligerent must as soon as possible notify the Protecting Power of the names of those interned or placed in an assigned residence and of their release therefrom.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1125.3.
In the same chapter, in a section entitled “Information bureau and central agency”, the manual states:
1132. Information bureau
1. The [of the 1949 Geneva Convention IV] requires that upon the outbreak of a conflict and in all cases of occupation each of the parties to the conflict must establish an official information bureau to receive and transmit information concerning the protected persons who are in its power. Each party is bound, as soon as possible, to give its bureau full particulars relating to the placing in custody for more than two weeks, the placing in assigned residence, or the internment, of any protected person. It is also the duty of each party to see that its various departments concerned with such matters give the bureau prompt information concerning the protected persons, for example, transfers, releases, repatriations, escape, admissions to hospital, births and deaths.
2. Each national bureau must forward without delay information concerning protected persons to the powers of which such persons are nationals or in whose territory they formerly resided. This is to be done through the Protecting Powers and through a central agency, which is to be set up in a neutral country. The national bureau must also reply to all enquiries concerning protected persons unless sending such information would be detrimental to the person concerned or to his or her relatives.
1133. Central agency
1. A central information agency for protected persons, particularly internees, must be set up in a neutral country. The ICRC may, if it thinks it necessary, propose to the powers concerned the organization of such an agency. The duty of the agency is to collect the information referred to in the preceding paragraphs and to send it to the countries of origin or residence of the persons concerned, unless this course might be harmful to the persons concerned or their relatives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 1132–1133.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states:
[The 1949 Geneva Convention III] places a duty on all parties in a conflict to open a Prisoner of War Information Bureau (PWIB) at the outset of hostilities. There is also a requirement for neutral and non-belligerent nations to open a Bureau if there is a likelihood of those who might be classified as PW finding their way into their territory. 
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, § 107.1.
With respect to prisoner-of-war (PW) documentation, the manual states:
[The 1949 Geneva Conventions] require Detaining Powers to notify the relevant authorities of the capture of the PW and of every subsequent event affecting him including transfers, releases, repatriations, escapes, admissions to hospital or death. In order to fulfil all these requirements, it is essential that a well understood documentation process is in place. 
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, § 303.4.
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): “Prisoners of war … do not have to give any information other than their identity.” 
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 V, Section II, § 7.
Congo
The Congo’s Disciplinary Regulations (1986) states: “A list of evacuated prisoners must be established as soon as possible.” 
Congo, Décret No. 86/057 du 14 janvier 1986 portant Règlement du Service dans l’Armée Populaire Nationale, 1986, Article 33.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 1 (Instruction of first-year trainee officers): “Prisoners of war must be identified and they are therefore under the obligation to give you their identification number, their rank, their name and first name, as well as their date of birth.” 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 46.
Cuba
Cuba’s Regulation of the Internal Order of the Revolutionary Armed Forces (2002) states: “If due to exceptional circumstances [the serviceman] is taken prisoner, … he or she will only give their name, surname, military grade and age if they are asked to give personal information.” 
Cuba, Reglamento de Orden Interior de las Fuerzas Armadas Revolucionarias, 2002, Ministerio de las Fuerzas Armadas Revolucionarias, aprobado por Orden No. 349 del Ministro de las Fuerzas Armadas Revolucionarias, Havana, 30 September 2002, Article 9 (9.1).
Djibouti
Djibouti’s Disciplinary Regulations (1982) states: “Prisoners are only bound to give their surname, first names, rank, serial number and date of birth.” 
Djibouti, Décret no. 82-028/PR/DEF du 5 mai 1982 portant règlement de la discipline générale dans les Forces armées, Article 29(4).
The Regulations also states: “When questioned for [the] purpose [of establishing a list of evacuated prisoners], prisoners are bound to give only their surname, first names, rank, date of birth and serial number or, failing this, equivalent information.” 
Djibouti, Décret no. 82-028/PR/DEF du 5 mai 1982 portant règlement de la discipline générale dans les Forces armées, Article 31(2).
El Salvador
El Salvador’s Soldiers’ Manual provides: “Suspected civilian persons who have been detained must be listed in the register of accused persons, which has to be notified to the ICRC delegate on the day of his or her visit to the place of detention.” 
El Salvador, Manual del Combatiente, undated, p. 6.
The manual also states: “Enemies who surrender must be captured [and] … their names must be listed in the register of accused persons.” 
El Salvador, Manual del Combatiente, undated, p. 9.
France
France’s LOAC Summary Note (1992) provides: “The identity of POWs [prisoners of war] shall be established as soon as possible.” 
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 the identity of every prisoner of war “shall be established as soon as possible and be mentioned on an identity card which shall be given to him at this occasion”. 
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.
Germany
Germany’s Military Manual (1992) provides:
The Detaining Power is obliged to forward information regarding the fate of prisoners of war … For this purpose each of the Parties to the conflict shall institute a National Information Bureau upon the outbreak of a conflict and in all cases of occupation. The Bureau shall cooperate with the Central Tracing Agency of the ICRC. 
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, § 708.
Germany
Germany’s Soldiers’ Manual (2006) states:
Immediately upon their capture, or not more than one week after their arrival at a camp, prisoners of war shall be enabled to inform, in writing, their families and the Central Prisoners of War Information Agency at the International Committee of the Red Cross (19, avenue de la Paix, CH-1202 Geneva) of their capture.
When questioned, prisoners of war are bound to give only their name, first name, rank, date of birth and personal identification number. 
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.
Guinea
Guinea’s Soldier’s Manual (2010), under the heading “Imprisoned enemy combatants”, states: “Their families must be informed of their detention.” 
Guinea, Soldier’s Manual, Ministry of National Defence, 2010, p. 6.
Under the heading “Rules of conduct in combat”, the manual also states: “[Prisoners] are not bound to provide any information apart from information concerning their identity.” 
Guinea, Soldier’s Manual, Ministry of National Defence, 2010, p. 15.
India
India’s Manual of Military Law (1983) provides that after arrest under the Armed Forces (Special Powers) Act, a list of persons arrested shall be prepared. 
India, Manual of Military Law, Three Volumes, Ministry of Defence, Government of India, 1983, §§ 5/3 and 5/6.
Indonesia
Indonesia’s Military Manual (1982) states: “The parties to the conflict should maintain a register of captured persons, imprisoned persons, detainees and those who have died after capture.” 
Indonesia, The Basics of International Humanitarian Law, Legal Division of the Indonesian Armed Forces, 1982, § 98.
Israel
According to Israel’s Manual on the Laws of War (1998), during the Yom Kippur War, “the Arab States deprived Israeli prisoners of war of their rights according to the Geneva Convention, and even refused to hand over lists of the prisoners held by them”. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 43.
Madagascar
Madagascar’s Military Manual (1994) provides that to protect victims of armed conflict, the ICRC shall “record the prisoners of war to prevent their disappearance”. 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. I-T, § 22.
Mali
Mali’s Army Regulations (1979) provides: “The list of evacuated prisoners must be established as soon as possible.” 
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 that Article 17 of the 1949 Geneva Convention III “provides that prisoners of war are bound to give their surname, first names, rank, date of birth and army, regimental, personal or serial number or, failing this, equivalent information.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 154.
Morocco
Morocco’s Disciplinary Regulations (1974) provides that a list of evacuated prisoners must be established as soon as possible. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(3).
Netherlands
The Military Manual (1993) of the Netherlands provides:
Upon the outbreak of an armed conflict, each of the Parties to the conflict shall institute an Information Bureau. The Bureau shall be charged with the collecting and the forwarding of information concerning prisoners of war and other protected persons. The Bureau shall also make any enquiries to obtain the desired information about prisoners of war. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, pp. VII-12/VII-13.
Netherlands
The Military Manual (2005) of the Netherlands states:
0716. As soon as possible after capture, a prisoner of war should be registered. This registration should be reported to the national information bureau (see point 0752). Every prisoner of war must be issued with an identity card showing: surname, first names, rank, registration number and date of birth. This identity card may not be taken away from the prisoner of war. Each party in an armed conflict must provide information about each detainee to its national information bureau (see point 0752).
0740. Relations with the outside world: immediately after capture, on hospitalization and after each move to a different prisoner-of-war camp, a prisoner of war must be given the opportunity to use a capture card to notify the national information bureau and his family about his capture, location and health …
0751. Death of prisoners of war
If a prisoner of war dies in detention, information (notification of death) must in all cases be passed to the information bureau (see point 0752; G III Article 120, Annex IV.D). Where applicable, the protecting power must also be informed. This information should consist specifically of the name, rank, date of birth and registration number, date and place of death, cause of death, date and place of burial, and all particulars necessary to locate the grave. A will of a prisoner of war should be forwarded direct to the information bureau after his death, and possibly also to the protecting power. All particulars of funerals and graves should be registered by a graves service (in the Netherlands the Royal Dutch Army Recovery and Identification Service). 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 0716, 0740 and 0751.
The manual also states:
If a protecting power is appointed during an armed conflict … it may play a role in the treatment of prisoners of war. Examples might include … sending reports to members of the families of prisoners of war concerning their state of health. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0714.
In its chapter on peace operations, the manual states: “On capture, persons must be disarmed, searched and registered.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1226.
New Zealand
New Zealand’s Military Manual (1992) provides that an official information bureau shall be set up at the outbreak of hostilities in order to collect and transfer all information concerning prisoners of war. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 936.
According to the manual, the same rule applies to protected persons falling under the 1949 Geneva Convention IV. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1134(1).
Peru
Peru’s IHL Manual (2004) states with regard to the evacuation of prisoners of war: “As soon as possible, a list of the names of the evacuated prisoners of war must be drawn up.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 37.d.
The manual further states:
Within the shortest possible time, each of the parties to the conflict must forward the following information, as soon as it is available, on each prisoner of war to the national information bureau (or to the ICRC if there is no national information bureau):
(1) full name, rank, age, force (army, navy or air force), regimental, personal or serial number, place and date of birth, indication of the Power on which the prisoner of war depends, first name of father, maiden name of mother, name and address of the person to be informed and address to which correspondence may be sent to the prisoner of war;
(2) information regarding release, repatriation, escape, admission to hospital and death.
Reports on the state of health of prisoners of war must be sent to the national information bureau regularly (every week, if possible) if they are seriously ill or wounded. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 85.d.
The manual also states:
Appropriate administrative channels must be established for the transmission of messages and documents:
(1) between national military and civilian authorities (for example, messages between prisoner-of-war camps and the national information bureau);
(2) between the national authorities and the Protecting Powers, neutral States and other intermediaries (for example, messages between the national information bureau and the ICRC Central Tracing Agency). 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 101.d.
Peru
Peru’s IHL and Human Rights Manual (2010) states with regard to the evacuation of prisoners of war: “As soon as possible, a list of the names of the evacuated prisoners of war must be drawn up.” 
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(d), p. 254.
The manual further states:
Within the shortest possible time, each of the parties to the conflict must forward the following information, as soon as it is available, on the prisoner of war in its power to the National Information Bureau or, if there is no such bureau, to the International Committee of the Red Cross):
(1) last names, given names, rank, age, force (army, navy or air force), regimental, personal or serial number, place and date of birth, indication of the Power on which the prisoner of war depends, first name of father, first name of mother, name and address of the person to be informed and address to which correspondence may be sent to the prisoner of war;
(2) information regarding release, repatriation, escape, admission to hospital and death.
Reports on the state of health of prisoners of war must be sent to the National Information Bureau regularly (every week, if possible) if they are seriously ill or wounded. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 76(d), p. 276.
The manual also states:
Appropriate administrative channels must be established for the transmission of messages and documents:
(a) between national military and civilian authorities (for example, messages between prisoner-of-war camps and the National Information Bureau);
(b) between the national authorities and the Protecting Powers, neutral States and other intermediaries (for messages
(c) between the National Information Bureau and the ICRC Central Tracing Agency). 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas , Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 26(b)(4), p. 234.
Poland
Poland’s Prisoner of War Handling Procedures (2009) states:
The following principles shall apply to the detention and transport of prisoners of war:
a) following capture, prisoners of war shall be assembled in one place, where a general capture report shall be drafted …
c) each prisoner shall be issued with an identification number and have a Prisoner of War Registration Card
j) persons receiving the prisoners shall complete the necessary documentation. 
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; see also Section 4.3.1–4.3.2.
The Procedures further states: “The capturing unit has a duty to accurately complete the capture report and issue the prisoner of war with an identity badge.” 
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 4.4.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Initial registration means a list containing the family names, first names, patronimics, the dates of birth and personal or serial numbers, or failing this, equivalent information concerning prisoners of war. The person in charge of registration shall explain to the prisoners of war their status, rights, duties and rules of behaviour in a language that they understand. 
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, § 158.
Senegal
Senegal’s IHL Manual (1999) provides that, in a situation of internal disturbances, a list of arrested persons shall be made and sent to the ICRC. 
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, p. 15.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) states:
In any combat operation, when enemy combatants are first captured they straightaway become POWs [prisoners of war]. The first action to be taken therefore is to:
e. Identify them in order to establish their next of kin. In this process, they are only required to give their service number, rank, name, and date of birth. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 42.
[emphasis in original]
Spain
Spain’s LOAC Manual (1996) provides:
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, serial number or equivalent, and date of birth. The identity card may, furthermore, bear any other information the party to the conflict may wish to add concerning persons belonging to its armed forces. 
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, § 8.2.(d).2.
Concerning interned persons, the manual states: “Family or identity documents in the possession of internees may not be taken away without a receipt being given.” 
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, § 6.8.(d).
Spain
Spain’s LOAC Manual (2007) states:
Each party to a conflict is required to provide the persons under its jurisdiction who are liable to become prisoners of war with an identity card showing the holder’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth.
The identity card may, furthermore, bear any other information the party to the conflict may wish to add concerning persons belonging to its armed forces. 
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, § 8.2.d.(3).(a).
The manual also states that, in internment camps: “Family documents must be kept by internees. If such documents are taken from them, a receipt must be given.” 
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, § 6.8.d.
Switzerland
Switzerland’s Basic Military Manual (1987) states: “Upon the outbreak of a conflict and in all cases of occupation, official bureaux of information shall be created on the territory of the Parties to the conflict and on those of the Neutral Powers having received members of foreign armed forces.” It adds: “A Central Prisoners of War Information Agency shall be created in a neutral country by the ICRC. The Agency shall collect all the important information on prisoners and transmit it as rapidly as possible to the country of origin of the prisoners of war.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, §§ 115–116.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
Prisoners may be interrogated but no pressure may be exercised on them to obtain information. They are required to give their surname, first name, date of birth, rank and identification number. If they refuse, they are not punished but they lose privileges accorded to their rank. 
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, § 188.
Tajikistan
Tajikistan’s Manual of Internal Service of the Armed Forces (2001) states: “The military serviceman captured by an enemy has a right, during an interrogation, to inform on only his surname, name, patronymic, military rank, date of birth and personal number.” 
Tajikistan, Manual of Internal Service of the Armed Forces of the Republic of Tajikistan, endorsed by the Decree of the Madjilsi Namoyandagon of Madjlisi Oli [Parliament] of the Republic of Tajikistan No. 273 of 4 April 2001 and promulgated by the Order of the Minister of Defence of the Republic of Tajikistan No. 3 of 2 May 2001, § 20.
Ukraine
Ukraine’s IHL Manual (2004) states: “Initial registration shall be made in the form of a list of prisoners of war indicating their surnames, names and patronymics, rank, date of birth and personal number (or other equivalent information).” 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 2.5.4.10.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides:
At the beginning of hostilities, each belligerent is to set up an official information bureau for prisoners of war whom it holds …
A belligerent must inform its information bureau as soon as possible about all persons who have fallen into its power. The information bureau must be supplied with information as to transfers, releases, repatriations, escapes, admissions to hospital, and death. The bureau will then transmit all such information immediately to the Powers concerned through the intermediary of the Protecting Powers, and likewise through the Central Agency. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 269.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) provides:
9.114. At the beginning of hostilities and in all cases of occupation, each party has a duty to establish an official information bureau for receiving and transmitting information about protected persons in its power. The party concerned must, without delay, give its bureau information about:
a. any measure which it has taken affecting any protected person who is kept in custody for more than two weeks, or who is subjected to assigned residence or interned;
b. all changes affecting such protected persons, including transfers, releases, repatriations, escapes, hospital admissions, births, and deaths; and
c. details of internees’ graves.
9.114.1. The information provided must be such as will assist in the exact identification of the protected person concerned and must include at least:
a. surname and forenames of the individual concerned as well as the father’s first name and mother’s maiden name;
b. place and date of birth;
c. nationality;
d. last residence;
e. distinguishing characteristics;
f. date, place and nature of action taken with regard to the individual;
g. name and address of the person to be informed as next of kin;
h. individual’s present address for correspondence; and
i. in respect of those seriously ill or wounded, regular reports on their health, if possible weekly. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 9.114–9.114.1.
On prisoners of war, the manual states:
The following action is to be taken in respect of prisoners of war when first captured:
i. The identity of prisoners of war must be established and recorded. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.25.
The manual further states:
8.182. At the beginning of hostilities, and in all cases of occupation, each party is to establish an official information bureau for the prisoners of war which it holds.
8.182.1.The state concerned must:
a. Ensure that the prisoners of war information bureau has the necessary accommodation, equipment and staff to work efficiently …
b. Without delay, provide the bureau with the following information about each prisoner of war in its hands: number, rank, full names, place and date of birth, state on which he depends, first name of father, maiden name of mother, name and address of next of kin, and the address to which correspondence for the prisoner of war may be sent. Details of transfers, releases, repatriations, escapes, admissions to hospital and deaths must be provided and information about the state of health of prisoners of war who are seriously ill or wounded must be given regularly, if possible, weekly. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 8.182–8.182.1.
United States of America
The US Field Manual (1956) reproduces Articles 122 and 123 of the 1949 Geneva Convention III. 
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, §§ 203 and 204.
United States of America
The US Air Force Pamphlet (1976) provides: “Each party to the conflict must issue an identity card to every person under its jurisdiction liable to become a PW [prisoner of war] showing name, rank, serial number, and date of birth.” 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 13-3.
United States of America
The US Naval Handbook (2007) states: “All detainees shall … [h]ave their person and their property accounted for and records maintained.” 
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:
Internment Serial Number [ISN]
a. The ISN is the DOD [Department of Defense] identification number used to maintain accountability of detainees … All detainees under DOD control will be registered promptly, normally within 14 days of capture. Once an ISN is assigned, all further documentation, including medical records, will use only this number (no other numbering system will be used). The ISN is generated by the detainee reporting system (DRS). DRS is the required detainee accountability database for all DOD agencies. … The ISN [includes information on] … the capturing power … , the command/theater under which the detainee came into the custody of the United States, … the detainee’s power served/nationality , … the detainee’s classification …
b. When required by law and/or policy, the NDRC [National Detainee Reporting Center] provides detainee information to the ICRC to satisfy [the 1949] Geneva Convention obligations. The ICRC uses this information to provide notice of the status of the detained individual to his or her government. The United States must be vigilant in executing all obligations to account for detainees and must issue detainees an ISN when required by law and/or policy …
Property Safekeeping and Confiscation Accountability. DODD [Department of Defense Directive] 2310.01E, Department of Defense Detainee Program, states, “Detainees and their property shall be accounted for and records maintained according to applicable law, regulation, policy or other issuances.” …
Administrative Processing and Accountability. According to DODD 2310.01E, Department of Defense Detainee Program, “Detainees shall be assigned an Internment Serial Number (ISN) as soon as possible after coming under DOD control, normally within 14 days of capture. DOD components shall maintain full accountability for all detainees under DOD control. Detainee records and reports shall be maintained, safeguarded, and provided to USD(P) [Under Secretary of Defense for Policy] and other DOD components as appropriate.” Information will be collected and recorded on each detainee captured and detained by the Armed Forces of the United States and referenced to the ISN. Detainees should provide name, rank, serial number (if applicable), and date of birth for tracking purposes and appropriate country notification. However, failure to do so does not result in any treatment not otherwise consistent with this publication. Upon transfer to a theater-level facility, detainee information (including information related to personal property taken from the detainee) will be provided to the NDRC through the TDRC. The NDRC will maintain all information concerning detainees and their property.
… The ICRC and Nongovernmental Organizations and Other Similar Organizations.
(1) During the course of detention operations, it is likely that U.S. commanders will encounter representatives of organizations attempting to assert a role in protecting the interests of detainees. Such representatives will often seek access to detainees, and/or offer their services to assist in the care and maintenance of detainees … Commanders must anticipate that, upon initiation of detention operations, these organizations will request access to and/or information about detainees, and they will continue to do so throughout the operation. Commanders should seek guidance through operational command channels for responding to such requests prior to the initiation of detention operations, or as soon thereafter as possible. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. III-5–III-9.
In a chapter on “Capture and Initial Detention and Screening”, the manual states:
Once the capture of individuals has occurred, the proper identification and classification of those personnel remain critical to the overall … detainee identification effort …
… Detainees will be transported to a theater internment facility (TIF) … at which point they will normally be assigned an ISN from a block of numbers maintained by the NDRC … All detainees arriving from any and all sources and agencies will be in-processed and receive an ISN immediately upon arrival at the TIF … Units will mark and tag all detainee-associated documents and property and transfer the documents and property to the transporting unit for movement to the TIF. This will maintain detainee property accountability …
… [A] critical aspect of detainee operations is record-keeping. As detainees are in-processed, a medical screening will be conducted during which heights and weights are recorded. In addition, any marks or injuries on the detainees will be annotated and recorded. Commanders should also consider including medical screening prior to and subsequent to interrogations. A daily log will be maintained on each detainee and will include, at a minimum, records of any injuries, times of interrogations, times of medical exams, any hunger strikes and their durations, as well as any disciplinary problems and corrective measures taken. This information will be provided to the next detention facility if a detainee is transferred. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. IV-1, IV-4 and IV-6–IV-7; see also p. x.
In a chapter on “Transport Procedures”, the manual states:
Commanders of detention facilities will forward copies of detainee records (including at a minimum: capture tag, disciplinary actions, medical narrative summaries, property, and record of any injuries sustained since capture) along with a complete manifest for each detainee transferred. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. V-1.
In a chapter on “Theater or Strategic Internment Facility”, the manual states:
The TIF/SIF is a permanent or semi-permanent facility with the capability of detaining detainees for an extended period of time … It is possible that detainees may bypass an initial detention facility and be transferred directly to the TIF/SIF. In such cases, all in-processing and the assignment of ISNs takes place immediately upon arrival to the TIF/SIF.
… Reception of Detainees
a. The officer designated to accept … [the detainees] will properly account for all detainees received. The receipt indicates the place and date the facility assumed custody and the name, grade, and nationality of each transferred detainee. Three or more copies of the receipt will be prepared. The original, plus one copy, will be delivered to the commander of the facility to which the detainee is assigned …
b. When directed, detainees transferred between facilities and hospitals will be received and accounted for as described in [the above] paragraph … , and the receipts will be returned to the original facility …
c. The use of a manifest identifying the name, identification number, nationality, and physical condition of each detainee transferred and received is required. The manifest is attached to the original receipt of transfer and forwarded to the appropriate authorities.
d. … All detainees arriving from any and all sources and agencies will be in-processed and receive an ISN immediately upon arrival at the TIF/SIF if they do not already have one. 
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, p. VI-1–VI-3.
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.
Zimbabwe
Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Enemy prisoners”, states: “Their families must be informed of their capture.” 
Zimbabwe, Code of Conduct for Combatants, Joint publication of the Zimbabwe Defence Forces and the International Committee of the Red Cross Regional Delegation in Harare, 1993, p. 9.
Afghanistan
Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles:
File Classification
The persons responsible for the juvenile training and education centres are required to provide and classify the identification documents, medical examination, health related documents [and] other related documents of the [detained juveniles, whether] suspected, accused [or] convicted to imprisonment. 
Afghanistan, Law on Juvenile Rehabilitation and Training Centres, 2009, Article 22.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides:
The Armed Forces of Azerbaijan Republic, the appropriate authorities and governmental organs shall ensure the registration of all prisoners of war of the adverse party by recording their name, surname, military rank, date of birth and place of permanent residence. 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 20.
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).
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Procedure Code (2003) states:
(3) The administration of the institution shall collect, process and store data on the person taken into custody, including data concerning the identity of the person in custody and his psycho-physical condition, the duration, extension and cancellation of his custody, the work performed by the person in custody, and his behaviour and disciplinary measures applied.
(4) The custody records concerning the detainees shall be kept by the competent Ministry of Bosnia and Herzegovina. 
Bosnia and Herzegovina, Criminal Procedure Code, 2003, Article 141(3) and (4).
China
China’s Martial Law (1996) states:
The martial-law-enforcing officers shall have the persons, whom they have detained in accordance with the provisions of this Law, immediately registered and interrogated and shall release the ones as soon as they find that there is no need to detain them any longer.
During the period of martial law, the procedures and time limit for detention and arrest may be free from the restrictions of the relevant provisions of the Criminal Procedure Law of the People’s Republic of China, except that an arrest shall be subject to approval or decision of a People’s Procuratorate. 
China, Martial Law, 1996, Article 27.
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).
Guinea
Guinea’s Children’s Code (2008) states:
A Child under the age of 15 deprived of liberty for reasons linked to an armed conflict shall benefit from all the protection granted to him by International Humanitarian Law.
In particular:
- The Child’s parents or guardians shall be informed without delay of his arrest, detention or internment. 
Guinea, Children’s Code, 2008, Article 435.
Ireland
Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 122 and 123 of the Geneva Convention III and Articles 136, 137 and 140 of the Geneva Convention IV, is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Japan
Japan’s Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations (2004) states:
Article 8 (1) In cases of taking delivery of a captive person … the designated unit commander shall promptly find the name, rank or position (hereinafter referred to as “rank, etc.”), date of birth, and identification card number, etc. (i.e. identification card number, individual number and other similar number, symbol or code given to identify the individual. The same shall apply hereinafter) of the captive person.
Article 28 The prisoner-of-war camp commander shall, at the commencement of detention to the prisoner-of-war camp, take measures, such as photographing, collecting of fingerprints and the like within the limit necessary for identification of the detainees, pursuant to an Ordinance of the Ministry of Defence. 
Japan, Law concerning the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations, 2004, Articles 8(1) and 28.
Norway
Norway’s Military Penal Code (1902), as amended, 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 … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108(a).
Somalia
Somalia’s Military Criminal Code (1963) states:
382. Arbitrary refusal to recognize the status of a lawful belligerent. – 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.
396. Compelling prisoners of war to give information – 1. A penalty of military confinement for two to seven years shall be imposed on anyone who uses violence or intimidation against one or more prisoners of war to compel them to:
(a) give information that might jeopardize the interests of their country or of the armed forces to which they belong;
2. If the violence consists of homicide, including even attempted murder or manslaughter, or of a severe or serious personal injury, the corresponding penalties prescribed in the criminal code shall be applied. The penalty of short-term imprisonment may, however, be increased. 
Somalia, Military Criminal Code, 1963, Articles 382 and 396.
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust employ all means [when detained] to avoid responding to any other questions that do not concern providing his or her name and surname, rank, affiliation and date of birth”. 
Spain, Royal Ordinances for the Armed Forces, 2009, Article 109.
Sri Lanka
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
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:–
(a) … the taking of measurements, photographs, finger-prints, footprints or other records, of prisoners, including particulars of the previous history of any such prisoners;
(b) the persons, if any, to whom such measurements, photographs, finger-prints, foot-prints or other records may be sent or supplied. 
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Article 94(1) and (2)(a)–(b).
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
Sri Lanka
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
SUPERVISION, SEARCH, ARREST AND DETENTION
20. …
(9) Where any person is taken into custody under the provisions of this regulation it shall be the duty of the arresting officer to issue to the spouse, father, mother, or any other close relative a document in such form as is specified by the Secretary, acknowledging the fact of arrest. It shall be the duty of the holder of such document to return the same to, or produce the same before, the appropriate authority when such arrested person is released from custody:
Provided that where any person is taken into custody and it is not possible to issue a document as set out above, it shall be the duty of the arresting officer if such officer is a police officer, to make an entry in the information book, giving reasons why it is not possible to issue such documents, and if the arresting officer is a member of the armed forces, to report to the officer in charge of the police station the reasons why it is not possible to issue such documents and the officer in charge shall make an entry of such fact along with the reasons therefore in the information book.
(10) Where any person without reasonable cause fails to issue a document acknowledging the fact of arrest as required by paragraph (9) or willfully omits to make such entry as is referred to in the proviso to that paragraph or to report the fact that the document was not issued and the reasons therefore, he shall be guilty of an offence and upon conviction after trial before the High Court be liable to a term of imprisonment extending to two years and a fine. 
Sri Lanka, Emergency Regulations, 2005, as amended to 2008, Sections 20(9)–(10).
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. …
b) The Canadian Forces’ Detention of Individuals in Afghanistan
[53] As part of Canada’s military operations in Afghanistan, Canadian Forces are from time to time required to capture and detain insurgents, or those assisting the insurgents, who may pose a threat to the safety of Afghan nationals, as well as to members of the Canadian military and allied forces.
[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”.
[60] Canada informs the International Committee of the Red Cross when the Canadian Forces detain an individual in Afghanistan, but does not notify the Afghan government that one of its citizens has been detained, unless and until the detainee is to be transferred to Afghan custody.
[62] While in Canadian custody, detainees are interrogated, searched, photographed and fingerprinted. Detainees are not provided with access to legal counsel during their detention by the Canadian Forces, nor are they afforded any opportunity to make representations prior to being handed over to the Afghan authorities.
[84] The respondents have refused to provide any information with respect to the identity or whereabouts of specific individuals who have been detained by the Canadian Forces, on the grounds of national security.
[85] The respondents do maintain, however, that Canada has no legal authority to establish or run a long-term detention facility in Afghanistan. That is, according to the respondents, the Canadian Forces have not been authorized to detain for the long term, either by the Government of Canada or by ISAF commanders, who have operational control over Canadian Forces. Nor has the Government of Afghanistan authorized such an encroachment on their sovereignty.
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, 53, 59–60, 62, 84–85, 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.
Australia
In June 2003, in its consideration of the budget statements for the Department of Defence, the Australian Senate’s Foreign Affairs, Defence and Trade Legislation Committee was provided with a portfolio overview. This prompted a number of questions from the Committee addressed to, inter alia, the Director-General of the Defence Legal Service on the handling of prisoners of war arising from the Iraq War. Commodore Smith’s responses to these questions included:
We [Australia] did not deploy the sort of resources that you need to run prisoner of war camps and to give these people the treatment that they are entitled to under the conventions, so we were then going to rely on the resources of our allies. But when you do transfer prisoners of war who have been formally received, taken responsibility for and processed, you must be able to trace what happens to them and monitor the standard of treatment. In dealing with them, that remains your obligation.
[Australia] did develop all the national structures required to deal with prisoners, including a national information bureau which we established in conjunction with the Department of Foreign Affairs and Trade. Had we taken prisoners and been formally responsible for them, they would have been given identities and numbers and we would then have had to activate the international regimes back through Australia for the central tracing agency which goes back through Geneva to inform that organisation of the people we had identified and for whom we were responsible. 
Australia, Senate, Foreign Affairs, Defence and Trade Legislation Committee, Estimates (Consideration of Budget Estimates), Official Committee Hansard, 4 June 2003, p. 388.
Botswana
In 1995, during a debate in the UN Security Council regarding persons unaccounted for in Bosnia and Herzegovina, Botswana stressed that the Bosnian Serbs had an obligation under international law to facilitate the registration of all persons they held prisoner. 
Botswana, Statement before the UN Security Council, UN Doc. S/PV.3612, 21 December 1995, p. 5.
Canada
In 2005, in response to a question concerning the transfer of persons captured by Canadian Forces to US armed forces, the Parliamentary Secretary to Canada’s Minister of National Defence stated:
[W]hen our Canadian Forces apprehend members from Afghanistan, those people are questioned, some are released, some are handed over to U.S. troops and some are handed over to Afghanistan authorities. For all of them, we notify the Red Cross about their whereabouts and the conditions upon which they were released. All are treated under the Geneva Convention. We feel utterly confident that our Canadian Forces members are treating those people in full accordance with humanitarian law. 
Canada, House of Commons Debates, Statement by the Parliamentary Secretary to the Canadian Minister of National Defence, 4 November 2005, Canadian Yearbook of International Law, 2006, volume XLIV, p. 646.
Germany
In 2006, in a report in response to a request by the Parliamentary Control Panel (parliamentary body controlling intelligence services) regarding incidents relating to the Iraq war and the fight against international terrorism, Germany’s Federal Government stated:
2. Capture and transport of detainees by foreign authorities outside a formal legal procedure; reports of secret prisons and torture
abb) Assessment of the allegations under international law by the Federal Government
All measures taken to fight international terrorism must be in accordance with international law. Resolution 1566 (2004), unanimously adopted in the UN Security Council on 8 October 2004, in this context reminds States:
“that they must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law” (preambular paragraph 6).
The obligation to adhere to international law also applies when States, fighting off a terrorist attack, an ongoing terrorist attack or an imminent attack, in a legally permissible manner invoke the right to self-defence according to Article 51 of the UN Charter.
If the right to self-defence is exercised in the context of an armed conflict, the rules of international humanitarian law, in particular the law of the 1949 Geneva Red Cross Conventions as well as the minimum human rights standards are to be respected. When fighting international terrorism outside an armed conflict, the rules of peacetime international law, in particular those on the protection of human rights, apply. This can lead to differing international law bases for capture, detention and the treatment of detainees.
With regard to the five following thematic issues, the details of the position of the Federal Government under international law are:
Prohibition on secret prisons
According to the conviction of the Federal Government, international law prohibits the installation of so-called “secret prisons”. It imperatively provides for the information of relatives or of the home State of an arrested or captured person.
“Secret or unacknowledged detention” of persons can fulfil the criteria of the prohibition of “enforced disappearances” of persons. 
Germany, Federal Government, Report in response to request by Parliamentary Control Panel (2006), 23 February 2006, pp. 55, 69–70 and 75.
Israel
The Report on the Practice of Israel states: “The IDF [Israel Defense Forces] takes great care to ensure that all individuals detained or captured by it are meticulously documented, so as to enable their speedy identification and repatriation where feasible.” 
Report on the Practice of Israel, 1997, Chapter 5.2.
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:
Information about the whereabouts of the detainee and his/her transfer shall be made available to the members of his/her family, legal practitioner and the person eligible to receive such information. Every place of detention will maintain a register containing the name of every person detained and the dates of entry, discharge or transfer. 
Nepal, Declaration of commitment on the implementation of human rights and international humanitarian law, 26 March 2004, § 4.
Nepal
In 2007, in its comments to the conclusions and recommendations of the Committee against Torture, Nepal wrote:
Interrogation and detention
13. At present there is not a single individual detained in the Army barracks. The incidence in the past should have to be viewed in the context of armed conflict in the country prevailed at th[e] time. Now this has been effectively ended. As far as the question of absence of systematic recording of the detainees is concerned, the Office of the Prime Minister and Council of Minister has arranged to maintain systematic [records] of the people under preventive detention. The process is already in place. 
Nepal, Comments by the Government of Nepal to the conclusions and recommendations of the Committee against Torture, 29 January 2008, UN Doc. CAT/C/NPL/CO/2/Add.1, submitted 1 June 2007, § 13.
Sri Lanka
In 2009, in its combined third and fourth periodic reports to the Committee against Torture, Sri Lanka stated:
17. “Directions Issued by the President Commander-in-Chief of the Armed Forces and Minister of Defence” on 7 July 2006 … [state] that
… any officer who makes an arrest or order of detention must, according to the above Directives, within 48 hours from the time of arrest or detention, inform the HRC [National Human Rights Council of Sri Lanka] of such arrest or detention and the place of custody or detention. …
32 The Supreme Court on 22 September 2008 issued an order to the effect that when a person is taken into police custody their relatives should be informed promptly and a receipt of arrest issued.
82. The officer in charge of the police station has to forthwith take all measures to inform the parents or guardians of such child the Probation Officer and the Co-ordinator of the National Child Protection Authority of such area. 
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, §§ 17, 32 and 82; see also § 30 of the Annex.
Sri Lanka also stated:
32. The Sri Lanka Police have in place the necessary arrangements for the HRC Officers to visit the places of detention to look into the welfare of the suspects. The names and details of suspects arrested under the Emergency Regulations are provided regularly to the HRC. Accordingly the Police Legal Division coordinates and inform[s] all the details to the HRC.
33. The … [Directions Issued by the President Commander-in-Chief of the Armed Forces and Minister of Defence on 7 July 2006] also [take] measures to regulate arrests:
(a) [The Directions] [require] the person making the arrest … to present a written documentation to the spouse, parent or relative acknowledging the fact of arrest;
(b) The name and rank of the arresting officer, the name and date of arrest and the place at which the person will be detained should be specified in this document;
(c) If such written documentation cannot be made, a note should be made in the Information Book of the relevant Police Station indicating why it was not possible to issue such documentation. 
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, §§ 32–33; see also § 29 of the report.
[footnote in original omitted]
United Kingdom of Great Britain and Northern Ireland
In 1991, in a report submitted to the UN Security Council on operations in the Gulf War, the United Kingdom stated:
The Iraqi Ambassador was asked whether the Iraqi Government was holding any British prisoners of war and reminded of Iraq’s obligations under the Third Geneva Convention to notify the names of any prisoners held … The Iraqi Ambassador gave an assurance that any British prisoners of war would be treated in accordance with the Geneva Conventions and their names would be given to the ICRC. 
United Kingdom, Letter dated 21 January 1991 to the President of the UN Security Council, UN Doc. S/22117, 21 January 1991, p. 1.
United Kingdom of Great Britain and Northern Ireland
In 2003, during a debate in the House of Lords, the UK Parliamentary Under-Secretary of State for Defence, Lord Bach, replied to a question:
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 reply to a written question in the House of Commons, the UK Minister of State for the Armed Forces, Ministry of Defence, wrote:
Upon being taken prisoner, Iraqi combatants are evacuated to a safe location, away from the dangers of combat, as soon as is practicable. They are held initially at collection points by the unit taking them prisoner, where their identity is established and recorded. They are then transferred to a more permanent holding facility.
In accordance with Article 70 of the Geneva Convention relative to the treatment of prisoners of war, upon capture, and subsequently following any change in location, every prisoner of war is given the opportunity to write direct to his or her family, and through the completion of a Capture Card, to the Central Prisoners of War Agency in Geneva. Prisoner of war details are given to the International Committee for the Red Cross who have the responsibility for the distribution of letters, parcels and Capture Cards. 
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, col. 572W.
United Kingdom of Great Britain and Northern Ireland
In 2010, the UK Secretary of State for Defence set out the Ministry of Defence Strategic Detention Policy, stating:
1.2 This Policy Statement, which is to be observed whenever UK Armed Forces undertake detention in an operation theatre reflects the importance which I attach to ensuring the humane treatment of those it is necessary to detain in the course of our operations.
1.3 This is essential to ensure that we uphold our international obligations, to promote the legitimacy of an operation internationally and amongst the British public and to maximise support within the country where operations take place. …
2.1 This policy applies across the MOD and the Armed Forces and to all detention activities undertaken in military theatres of operation. It sets out the minimum standards which must be applied. All members of the Armed Forces, civilian employees and others (including contractors) who are involved with operational detention must comply with it. …
3.1 I require the Ministry of Defence and the Armed Forces to:
e. Properly account for and keep records of all Detained Persons and their property. 
United Kingdom, Ministry of Defence, Strategic Detention Policy, Policy Statement by the Secretary of State for Defence, March 2010, §§ 1.2–1.3, 2.1 and 3.1(e).
United States of America
On 25 August 2004, the report of an investigation into allegations that members of the 205th Military Intelligence Brigade had been involved in detainee abuse at the Abu Ghraib Detention Facility (an investigation ordered by the Commander, Combined Joint Task Force Seven (CJTF-7), and later supplemented with the appointment of an additional and more senior investigating officer by the Commander, US Army Materiel Command), was completed and forwarded to the ordering authorities. The report, authored by Lieutenant General Anthony R. Jones and Major General George R. Fay, found:
Use of Military Detention Centers by Other Agencies. In joint military detention centers, service members should never be put in a position that potentially puts them at risk for non-compliance with the Geneva Conventions or Laws of Land Warfare. At Abu Ghraib, detainees were accepted from other agencies and services without proper in-processing, accountability, and documentation. These detainees were referred to as “ghost detainees.” Proper procedures must be followed, including, segregating detainees of military intelligence value and properly accounting and caring for detainees incarcerated at military detention centers. The number of ghost detainees temporarily held at Abu Ghraib, and the audit trail of personnel responsible for capturing, medically screening, safeguarding and properly interrogating the “ghost detainees,” cannot be determined. 
United States, Department of Defense, AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade (The Fay Report), 25 August 2004.
UN General Assembly
In a resolution adopted in 1999 on the situation of human rights in Kosovo, the UN General Assembly demanded that the representatives of the Federal Republic of Yugoslavia (FRY) “provide an updated list of all persons detained and transferred from Kosovo to other parts of the FRY, specifying the charge, if any, under which each individual is detained”. 
UN General Assembly, Res. 54/183, 17 December 1999, § 9, voting record: 108-4-45-31.
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 called 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”. 
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 called 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”. 
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 called 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”. 
UN General Assembly, Res. 60/123, 15 December 2005, § 10, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on enforced or involuntary disappearances, the UN Commission on Human Rights urged States:
To prevent the occurrence of enforced disappearances, including by guaranteeing that any person deprived of liberty is held solely in officially recognized and supervised places of detention, guaranteeing access to all places of detention by authorities and institutions whose competence in this regard has been recognized by the concerned State, maintaining official, accessible, up-to-date registers and/or records of detainees and ensuring that detainees are brought before a judicial authority promptly after detention. 
UN Commission on Human Rights, Res. 2005/27, 19 April 2005, § 4(c), adopted without a vote.
UN Sub-Commission on Human Rights
In a resolution adopted in 1985 on the question of human rights of persons subjected to any form of detention or imprisonment, the UN Sub-Commission on Human Rights recommended the adoption of a Declaration against Unacknowledged Detention providing that governments shall
disclose the identity, location and condition of all persons detained by members of their police, military or security authorities or others acting with their knowledge, together with the cause of such detention … In countries where legislation does not exist to this effect, steps shall be taken to enact such legislation as soon as possible.  
UN Sub-Commission on Human Rights, Res. 1985/26, 29 August 1985, Article 2, p. 107.
No data.
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 identification and accounting for all prisoners”. 
21st International Conference of the Red Cross, Istanbul, 6–13 September 1969, Res. XI.
European Commission of Human Rights
In its report in Kurt v. Turkey in 1996, the European Commission of Human Rights found that “the absence of holding data recording such matters as the date, time and location of detention, the name of the detainee as well as the reasons for the detention … [had to] be seen as incompatible with the very purpose of Article 5 of the Convention” on the right to liberty and security. 
European Commission of Human Rights, Kurt v. Turkey, Report, 5 December 1996, § 125.
European Court of Human Rights
In its judgment in Kurt v. Turkey in 1998, the European Commission of Human Rights held:
The Court recalls that it has accepted the Commission’s finding that Üzeyir Kurt was held by soldiers and village guards on the morning of 25 November 1993. His detention at that time was not logged and there exists no official trace of his subsequent whereabouts or fate. That fact in itself must be considered a most serious failing since it enables those responsible for the act of deprivation of liberty to conceal their involvement in a crime, to cover their tracks and to escape accountability for the fate of the detainee. In the view of the Court, the absence of holding data recording such matters as the date, time and location of detention, the name of the detainee as well as the reasons for the detention and the name of the person effecting it must be seen as incompatible with the very purpose of Article 5 of the Convention. 
European Court of Human Rights, Kurt v. Turkey, Judgment, 25 May 1998, § 125.
Inter-American Commission on Human Rights
In the section of its Annual Report 1980–1981 concerning disappearance after detention, the Inter-American Commission on Human Rights recommended that “central records be established to account for all persons that have been detained, so that their relatives and other interested persons may promptly learn of any arrests”. 
Inter-American Commission on Human Rights, Annual Report 1980–1981, Doc. OEA/Ser.L/V/II.54 Doc. 9 rev. 1, 16 October 1981, pp. 113 and 129.
Similar recommendations were made specifically in the contexts of Argentina in 1980, 
Inter-American Commission on Human Rights, Report on the situation of human rights in Argentina, Doc. OEA/Ser.L/V/II.49 Doc. 19, 11 April 1980, p. 264.
Chile in 1985, 
Inter-American Commission on Human Rights, Report on the situation of human rights in Chile, Doc. OEA/Ser.L/V/II.66 Doc. 17, 9 September 1985, p. 72.
and Peru in 1993. 
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, p. 60.
Inter-American Commission on Human Rights
In the section of its Annual Report 1987–1988 concerning Guatemala, the Inter-American Commission on Human Rights made the following recommendation to the Government of Guatemala:
To cause the Central Register of Detainees to function as originally proposed, that is, that every judicial, police, security and military authority competent to make arrests be required to inform this Central Register of the detention of any person within 24 hours of having done so, and that the record made thereof shall include the detainee’s name, the date and hour of his detention, the identity of the detaining authority, the date on which the detainee was brought before a competent court, an itemized account of every transfer of the detainee from place to place and, if he is released, the date and place thereof and the reason thereof. 
Inter-American Commission on Human Rights, Annual Report 1987–1988, Doc. OEA/Ser.L/V/II.74 Doc. 10 rev. 1, 16 September 1988, p. 302.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that prisoners of war shall be identified, listed and the location of camps given to the parties concerned. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 676, 682 and 683; see also § 839 (application mutatis mutandis of the regulations for the treatment of prisoners of war to civilian internees).
ICRC
According to the ICRC, all parties to an international armed conflict have the obligation to collect and forward information on protected persons. The detaining party must notify the adverse party, via the Protecting Power and the Central Tracing Agency, of all the details specified under IHL. In practice, the Tracing Agency does not always confine itself to playing the role of intermediary, but actively seeks to ensure that the parties collect and pass on such information; in some cases, it even does so itself. In non-international armed conflicts, international humanitarian treaty law does not provide for the collection of information on persons deprived of their liberty to the same extent as it does in international armed conflicts. However, it is essential that such information be gathered if detainees are to be followed individually, in some cases after their release. The ICRC therefore asks the authorities for lists of persons deprived of their liberty with whom it is concerned. If no lists are forthcoming, it draws them up itself when conducting its visits. By recording names and keeping track of the persons it visits, the ICRC can prevent extra-judicial executions and enforced disappearances and follow each person throughout his/her period of deprivation of liberty (arrest, transfer, release, etc.). Moreover, in cases where the authorities do not draw up lists or keep a register of names, the ICRC recommends that such a register be kept along with reliable information on the arrest, transfer, whereabouts and release of persons deprived of their liberty. In non-international armed conflicts, as opposed to international ones, the Tracing Agency does not notify the names of detainees to the adverse party. Whether an armed conflict is international or not, the ICRC never forwards information on persons deprived of their liberty if this could have adverse consequences for them or their families.
ICRC
In 1992, the ICRC solemnly appealed to all parties to the conflict in Bosnia and Herzegovina to “notify [it] immediately of all places of detention in Bosnia and Herzegovina, and [to] supply accurate lists of all persons held in such places”. 
ICRC, Solemn Appeal to All Parties to the Conflict in Bosnia and Herzegovina, 13 August 1992, IRRC, No. 290, 1992, pp. 492–493.
Sudan People’s Liberation Movement/Army (SPLM/A)
Section 24(1) of the SPLM/A Penal and Disciplinary Laws requires that “every Battalion Commander shall maintain a register” of military personnel and the keeping of records pertaining to such personnel in the SPLM/A headquarters, on the premise that this will facilitate the search for any persons who later go missing. 
SPLM/A, Penal and Disciplinary Laws, 4 July 1984, Section 24(1).
The Report on SPLM/A Practice notes:
The SPLM/A also used to announce names of Government of Sudan Officers and men and any personnel that they captured from the government when Radio SPLA was operational. The SPLM/A today still publishes in their bulletins names and other particulars of officers and men and personnel that fall into the hands of the SPLA during military operations. 
Report on SPLM/A Practice, 1998, Chapter 5.2.
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: “Accurate information on … detention and whereabouts [of persons deprived of their liberty], including transfers, shall be made promptly available to their family members and counsel or other persons having a legitimate interest in the information.” 
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(1), IRRC, No. 282, p. 332.