16 May 2008: ISS Today: Africa to Look at the Copenhagen Process on Handling Detainees

16 May 2008: Africa to Look at the Copenhagen Process on Handling Detainees

 

At a time when the logic of the “War on Terror” seems to have vitiated the universalism of human rights, especially those of detainees, the Geneva Convention III and IV and its additional Protocols I and II provide for a starting point in the evaluation of the rights of detainees in military operations. The question to be asked is whether the Geneva Conventions and its additional protocols are too outdated to deal with contemporary war realities? Is the international community properly interpreting the existing frameworks? Can we interpret these frameworks from a purely legal perspective devoid of the wider political context?

 

Engaging these questions have become a policy imperative considering that misinterpretation, the lack of clarity and legal difficulties associated with the existing legal frameworks, lead to a lot of uncertainty. This might culminate in less effective and inefficient military operations. For example, the US refuses to apply Common Article III of the Geneva Convention to terrorist suspects. Such practices do not only display partial compliance, it depicts the policy of pick and choose with regard to the laws governing military operations.

 

Within this context, questions like what is the correct international legal basis for the handling of detainees; what are the minimum standards that we have to take into consideration when handling detainees and how can one make sure that troop contributing countries act in accordance with their international obligation, are critical. Discussions on the rights of detainees and the appropriate legal framework applicable have been largely animated by the following debates: the classification of conflicts (intrastate or interstate); the legal status of a detainee and whether the detention was related to armed conflicts or not.

 

In an attempt to reignite and sustain the debate on the rights of detainees, Denmark took an initiative to identify a solution to these challenges.

 

The conference on the “Copenhagen Process on Handling Detainees in International Military Operations”, which was held in Copenhagen, Denmark in October 2007 marked the genesis of the process. The rationale behind the panel discussions was to engage representatives of all regions of the world to come up with a common platform for the handling of detainees. All states participating in a given military operation could then use this platform regardless of the nature of the operation. Eventually, the effort is geared to come up with specific laws pertaining to detainee protection cemented on best practices and conventions.

 

Africa needs to participate actively in the development of an internationally acceptable legal regime containing a set of rules and principles that cover the arrest and handling of detainees.

 

The continent is a major arena for UN Peacekeeping Operations and 75% of the UN Peacekeeping force is deployed in Africa. Similarly, as of April 2006, four of the top ten troop-contributing countries to the UN Peacekeeping Operations are from Africa. This shows that there is a dire need for Africa to engage in initiatives like the Copenhagen process.
In a roundtable hosted by the Institute for Security Studies, Addis Ababa office, the Copenhagen Process was dealt within the context of the African Peace and Security Agenda.

 

The handling of detainees in Africa was discussed, focusing on the respect and due regard to the fundamental rights of detainees contained in the international and continental legal regimes. It is apparent that there has been widespread mishandling of detainees in military operations in Africa, as elsewhere. Lack of institutional capacity, presence of poor detention facilities and ignorance of legal regimes by military officers, are limitations and challenges in securing the right of detainees in Africa.

 

The African Commission on Human and Peoples’ Rights established the position of the Special Rapporteur on Prisons and Condition of Handling Detainees in Africa to address the problem, but with little success.

 

Recalling the dramatic increase in the number of military operations in Africa and its significance to stability and reconstruction of the continent, the AU should be engaged in dealing with the issue. In line with this, there is need for advocacy to inform the general public about the ongoing process pertaining to protecting the rights of detainees. Training is also a key instrument in identifying a common platform. Furthermore, the international community should put some extra effort into identifying the envisaged common standards and should make sure that the standards are endorsed under the UN Security Council resolution and communiqués of continental architectures like the Peace and Security Council.
The endeavor of the Government of Denmark in identifying the legal loopholes and bringing about potential solutions should be given credit in this regard.

 

Serekebrhan Fiquremariam, Intern, ISS Addis Ababa

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