Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Section A. Release and return without delay
France’s LOAC Summary Note (1992) provides that “retention of prisoners of war and civilians” constitutes a grave breach, which is a war crime.
The Report on the Practice of France points out that France has insisted on the moral necessity of releasing prisoners in connection with the conflicts in Afghanistan, Bosnia and Herzegovina and Rwanda. It even mentioned the possibility of freeing prisoners from camps by force.