Practice Relating to Rule 99. Deprivation of Liberty
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 10. Sustainment of bodily integrity
Every person is entitled to inviolability of the physical body. No person is arrested without a Court’s warrant or Procuracy’s decision or approval, except for acts in flagrante.
Article 109. Preventive measures
1. Competent procedural authorities and persons within their powers can implement measures of emergency custody, arrest, temporary detainment, detention, bail, surety, residential confinement, exit restriction, in order to preclude crime, to prevent accused persons from evidently obstructing investigations, prosecution, adjudication or from committing other crimes, or to assure the enforcement of sentences.
2. The apprehension of persons refers to emergency custody, arrest of perpetrators of crimes in flagrante or wanted fugitives, capture of suspects and defendants for detention, and arrest of persons for extradition.
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following [situations]:
a) There [is] substantial evidence that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence.
Article 117. Temporary detainment
1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.
In 2015, in a statement before the UN Security Council during an open debate on children and armed conflict, made on behalf of the Association of Southeast Asian Nations (ASEAN), the permanent representative of Viet Nam stated:
ASEAN … remains deeply concerned about the fact that growing number[s] of children continue to be affected by grave violations in armed conflicts, including killing and sexual violence. We particularly condemn the increasing cases of abduction of children and attacks targeting schools and hospitals. It is all the more alarming as we are witnessing the rise of complex and well-organised non-state armed groups that have total disregard for international law, especially in certain regions in the Middle East and Africa.
We urge States, United Nations entities with their respective mandates, relevant international and regional organizations and other stakeholders to redouble their efforts to address, with added vigour, these new challenges posed by violent non-state armed groups.