Safeguarding Detainees in Conflict Zones: ICRC’s Intervention Strategies

In the chaos of armed conflict, thousands of individuals find themselves locked behind bars-separated from families, subjected to harsh conditions, and vulnerable to abuse. The International Committee of the Red Cross (ICRC) serves as a critical lifeline for these detainees, working to ensure they receive humane treatment and maintain their human dignity even in the most challenging circumstances.

The mandate to protect detainees in conflict zones 🔗

The ICRC’s work with detainees stems from its unique mandate under international humanitarian law, particularly the Geneva Conventions of 1949. During international armed conflicts, states are legally obligated to allow ICRC access to prisoners of war and civilian internees protected under the Third and Fourth Geneva Conventions. In non-international armed conflicts, the ICRC seeks access based on Common Article 3 and offers its services to both state and non-state armed groups holding detainees.

The organization prioritizes people detained in connection with armed conflict or other situations of violence because their real or perceived allegiance to an opposing party often places them at heightened risk. However, wherever possible, the ICRC extends its assistance to all detainees within a particular detention facility, recognizing that systemic problems often affect everyone deprived of liberty.

Strict conditions for detention visits 🔗

Before entering any detention facility, the ICRC establishes clear operating procedures with detaining authorities. These procedures include five non-negotiable conditions that form the cornerstone of effective monitoring.

First, delegates must have full and unimpeded access to all places of detention and all detainees covered by the Geneva Conventions or an access agreement. Second, they require complete access to all premises used by and for detainees, including cells, kitchens, sanitary facilities, interrogation rooms, and disciplinary cells. Third, the ICRC reserves the right to conduct private interviews with detainees of their own choosing, without witnesses present. Fourth, delegates must be permitted to revisit detention facilities as often as necessary to monitor conditions over time. Finally, authorities must provide comprehensive lists of detainees or allow the ICRC to register individuals and compile such lists independently.

These conditions are not mere preferences but essential safeguards that enable the ICRC to assess detention conditions objectively and identify violations. Without these guarantees, the organization cannot fulfill its protective mandate effectively.

How ICRC detention visits unfold 🔗

An ICRC detention visit follows a structured four-stage process designed to gather comprehensive information while maintaining the trust of both authorities and detainees.

Initial meeting and facility tour 🔗

The visit begins with an introductory meeting where delegates explain their objectives and collect administrative data about the facility. Detention officials describe how the facility operates and discuss any changes since the previous visit. Delegates then conduct a thorough tour of the premises alongside facility staff, examining living quarters, health facilities, exercise yards, and all areas where detainees spend time. This tour provides firsthand observations about the detention environment and infrastructure while allowing delegates to speak informally with staff members.

Private interviews with detainees 🔗

The most crucial element of any visit is the private interview phase. Delegates select detainees themselves and speak with them confidentially, without authorities present. These conversations allow detainees to speak freely about their treatment, conditions, and concerns. The ICRC only uses information from these interviews in dialogue with authorities if the detainee provides express and informed consent. Recognizing that individual accounts are subjective and shaped by personal experience, delegates analyze this information objectively, supplementing it with their own observations and data from other sources.

Final briefing and recommendations 🔗

Before departing, delegates hold a final meeting with detention authorities to share observations, propose recommendations, and discuss officials’ responses. They also review progress on any ongoing joint projects and determine appropriate follow-up actions, which may include written reports, material assistance, staff training, or infrastructure projects.

Preventing torture and ill-treatment 🔗

Combating torture and cruel, inhumane, or degrading treatment stands as a central focus of the ICRC’s detention work. International humanitarian law strictly prohibits such treatment in all circumstances, whether in international or non-international armed conflicts.

The ICRC addresses ill-treatment through multiple approaches. Delegates engage in confidential dialogue with authorities at all levels, reminding them of their legal obligations and supporting efforts to establish environments that prevent abuse. When violations occur, the ICRC submits confidential reports documenting findings and recommending specific improvements. The organization also provides training and expert advice to detention staff, helping them develop operating procedures that ensure detainee safety and humane treatment.

In most cases, the ICRC’s preferred method of confidential dialogue produces results. However, in extreme situations where dialogue breaks down completely and all other options are exhausted, the organization may publicly denounce violations of international law if doing so serves the interests of detainees.

Maintaining family contact 🔗

Separation from loved ones represents one of the most profound hardships of detention. Families suffer terribly when they cannot communicate with detained relatives or even confirm their whereabouts. The ICRC works to restore and maintain these vital family connections through several mechanisms.

Red Cross messages serve as a primary tool for family communication. These brief handwritten letters contain personal and family news, allowing detainees to inform relatives of their situation and maintain contact throughout their detention. When telephone or video calls are possible, the ICRC facilitates these more direct forms of communication. The organization also arranges family visits to detention facilities, which can be especially important when prisons are located far from family homes or across conflict lines.

Beyond facilitating communication, the ICRC maintains registries of detainees to help prevent disappearances. When visiting detainees, delegates ensure families are informed of their relatives’ fate and whereabouts. This registration work proves particularly crucial for vulnerable groups such as unaccompanied minors.

Improving detention conditions 🔗

The ICRC’s response to substandard detention conditions reflects an assessment of needs, causes of problems, and the willingness and capacity of authorities to act. Interdisciplinary teams comprising health, sanitation, nutrition, legal, and prison management experts work alongside authorities to ensure decent conditions.

Sometimes the ICRC provides direct services, temporarily taking on elements of authorities’ responsibilities. This may include donating hygiene items, clothing, bedding, food, or medication to detainees in need. More commonly, the organization supports authorities through capacity building. Delegates provide training and expert advice, help develop operating procedures, and support ministries in updating policies and regulatory frameworks to align with international standards.

Joint infrastructure projects address systemic issues. The ICRC plans and implements repairs and maintenance of premises, water systems, sanitary facilities, and kitchens. These interventions benefit all detainees in facilities where the organization works, not just those detained in connection with conflict. By helping prison managers incorporate such services into regular planning and budgeting, the ICRC works toward sustainable improvements that outlast its own involvement.

Acting as a neutral intermediary 🔗

Beyond monitoring and improving conditions, the ICRC serves as a neutral intermediary to facilitate detainee releases and exchanges between conflicting parties. This role has proven essential in contexts ranging from Yemen to the Democratic Republic of Congo, where the organization has coordinated the release and transfer of thousands of detainees.

When parties to a conflict reach agreements on prisoner exchanges or releases, the ICRC provides logistical support, medical care, and assistance to ensure safe transfers. Delegates interview detainees before transfer to assess their health and readiness for travel. During operations, ICRC staff remain present throughout, working to facilitate reunification with families and providing basic assistance items so released individuals can contact loved ones.

This neutral intermediary role builds on the ICRC’s impartiality and independence. By acting without taking sides, the organization creates space for humanitarian action even amid ongoing hostilities.

Challenges in protecting detainees held by non-state armed groups 🔗

Detention by non-state armed groups presents particular challenges. Research by the ICRC indicates that around 145 armed groups were holding detainees as of 2021. These groups often lack knowledge of international rules and standards for detainee protection and face practical challenges in ensuring humane conditions amid the dire realities of armed conflict.

The ICRC works to establish dialogue with non-state armed groups whenever possible, seeking access to those under their control and promoting respect for international humanitarian law principles. While detailed rules exist for detention in international armed conflicts, protections are more limited in non-international conflicts. This gap makes the ICRC’s role in promoting humane treatment and documenting conditions especially important when non-state actors control detention facilities.

What do you think? How can the international community better support organizations like the ICRC in accessing detention facilities controlled by non-state armed groups? What additional measures might strengthen protections for detainees who have been separated from their families for extended periods?

References

1. https://www.icrc.org/en/law-and-policy/detention
2. https://www.icrc.org/en/what-we-do/helping-detainees
3. https://www.icrc.org/en/document/how-does-icrc-work-detention
4. https://www.icrc.org/en/war-and-law/protected-persons/prisoners-war-detainees
5. https://www.icrc.org/en/what-we-do/reconnecting-families
6. https://www.icrc.org/en/news-release/yemen-icrc-stands-ready-support-detainee-releases
7. https://www.icrc.org/en/document/detention-non-state-armed-groups