Practice Relating to Rule 99. Deprivation of Liberty
Argentina’s Law of War Manual (1989) provides that illegal detention of protected persons is a grave breach of the 1949 Geneva Conventions and of the 1977 Additional Protocol I.
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states: “Children and adolescents have the right to liberty … [They] cannot be deprived of [their liberty] unlawfully or arbitrarily.”
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states: “The deprivation of personal liberty, understood as the placement of a child or adolescent in a location that cannot be left by his or her own will, must be done in conformity with the legislation in force.”
Argentina’s Law of War Manual (1969) provides:
Any protected person who has been interned or placed in assigned residence shall have the right to obtain that a court or an administrative board, created by the [Detaining Power] for this purpose, reconsider within a brief time limit the decision taken against him. If it maintains the internment or assigned residence, the court or administrative board shall proceed periodically, and at least twice a year, to the examination of the case of the concerned person in order to modify in his favour the initial decision, if circumstances permit.
Argentina’s Law of War Manual (1989) provides:
Any protected person who has been subjected to [enforced residence or internment] will have the right that a competent tribunal or administrative council, especially created by the Detaining Power, reconsider, as promptly as possible, the decision adopted.
If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.