Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Section A. Release and return without delay
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
II. Rights and duties of prisoners of war
The prisoner of war is an enemy combatant hors de combat due to the fact of his capture. As such, he enjoys a legal status which guarantees him rights.
- the release and repatriation of prisoners still in detention must be obtained at the end of hostilities.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
Chapter 2. Combatants and objectives
The term “combatant” is found in numerous treaties on the law of armed conflicts (LOAC). It is important to know who is a combatant because:
- combatants captured by the enemy in international armed conflicts are prisoners of war (POWs);
- POWs, in contrast to other detained persons, must be released and repatriated without delay at the cessation of hostilities.
Chapter 5. Prisoners of war
I.3.1. Duty to release and repatriate
Prisoners of war shall be released and repatriated without delay after the cessation of hostilities.