9.5 |
June 2006 to 27 June 2007
906.
The senior
official recognised that there were risks, in particular that the
Iraqi
Government
would view the bilateral negotiations with suspicion. Lt Gen Lamb
had
commented
that the JAM1 talks should be handled as an aspect of the
coalition’s
broader
engagement with JAM and the Sadrists.
907.
In conclusion,
the senior official wrote: “We would be grateful for your views.
We
will report
back after the trial ‘cease‑fire’ period to seek further guidance
unless [JAM1]
raises
significant new issues before then.”
In the
course of operations in Iraq, UK forces detained
people:
•
as Prisoners
of War (POWs);
•
who were
suspected of criminal activities (criminal detainees);
and
•
who were
considered to pose a threat to security (security
detainees).
The Geneva
Convention Relative to the Treatment of Prisoners of War (the Third
Geneva
Convention)
defines the categories of persons entitled to POW status and the
conditions
of their
captivity.494
Article 118
states that POWs shall be released and repatriated
without
delay after
the cessation of active hostilities.
As an
Occupying Power in Iraq, the UK Government derived its right to
intern individuals
who
presented a security threat to the mission from the Geneva
Convention Relative to
the
Protection of Civilian Persons in Time of War (the Fourth Geneva
Convention).
The Fourth
Geneva Convention sets out provisions governing the status and
treatment of
“protected
persons”, whom it defines as:
“Persons …
who, at a given moment and in any manner whatsoever, find
themselves,
in case of
a conflict or occupation, in the hands of a Party to the conflict
or Occupying
Power of
which they are not nationals.”495
The
provisions of the Convention include the following:
•
Article 27,
which states that protected persons are entitled, in all
circumstances, to
respect for
their persons, honour, family rights, religious convictions and
practices,
and their
manners and customs. They should at all times be humanely treated
and
protected.
•
Article 78,
which states that: “If the Occupying Power considers it necessary,
for
imperative
reasons of security, to take safety measures concerning
protected
persons, it
may, at the most, subject them to assigned residence or to
internment.”
Decisions
regarding internment should be made according to a regular
procedure
prescribed
by the Occupying Power in accordance with the provisions of
the
Fourth
Geneva Convention; the procedure should include the right of appeal
and
provision
for a review of the decision to inter every six months by a
competent
body set up
by the Occupying Power.
494
Geneva
Convention Relative to the Treatment of Prisoners of
War, 12 August
1949.
495
Geneva
Convention Relative to the Protection of Civilian Persons in Time
of War, 12 August
1949.
169