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Procedural safeguards and fair trial guarantees in occupied territory

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Chapter Summary

This chapter seeks to articulate procedural safeguards that must be accorded to all individual persons interned or administratively detained in occupied territory. It focuses on expanded scope of fair trial guarantees that must be given to all accused persons in occupied territory. Assigned residence consists of moving individual persons from their domicile and forcing them to live in a locality where supervision is more easily carried out. The occupying power is obligated to take measures of internment in case individual persons volunteer. With respect to the procedural safeguards for individual persons deprived of liberty, which are embodied in international humanitarian law (IHL) treaties, they can be classified into two genres: (i) the procedural safeguards that are largely influenced by international human rights law; and (ii) the procedural safeguards that are considered distinct in the context of IHL.

Keywords: assigned residence; fair trial guarantees; international human rights law; international humanitarian law (IHL) treaties; internment; occupied territory; procedural safeguards



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