An example: some English guys converted to Islam and fought against the UK in Iraq in favor of ISIS. How were they moved to the UK? bellow I wrote my idea, am I right? I need a legal basis for it.

I knew that detained persons in International armed conflict (IACs) could be moved to the third state under specific conditions. (Article 12 Geneva III). But I wonder whether the detained person (non-civilian) in transnational non-international armed conflict (NAIC) can be displaced to another country or not. And I knew that some ideas tried to apply analogy between IACs and NIAC to grant these detained persons, Prisoner of War status (PoW), or civilian status. But they were clearly fighting, and they can not belong to the civilian. And also, ICRC commentary explicitly wrote that there is no POW status in NIAC, and internment rules are minimal. I guess, there is a kind of gap here, and we can not fill it by the customary law. So the only way for us is using the potential of domestic law to move them from Iraq to the UK.

  • What is the source of the quote that starts this question please? Author, publication, date and link if possible. Also what exactly is a NIAC? And POW generally stands for 'prisoner of War" a very significant status in this context, not for " Person of Was Status" a term I have not heard of. Please edit the question to clarify it. Jul 22 at 0:42
  • I edited it. NIAC: non-international armed conflict/POW:prisoner of war. And the first Paragraph is an example based on news that I have heard. I used quote option to bold them.
    – Toobatf
    Jul 22 at 6:55
  • 2
    Are you asking how foreign combatants who have been taken prisoner in a civil war can be returned to their country of origin?
    – Rock Ape
    Jul 22 at 7:25
  • Yes, I need the legal basis for it, I guessed some options, but I am not sure. In addition, I know the (extradition) or bilateral agreement between the intervening state and host state about moving prisoners.
    – Toobatf
    Jul 22 at 7:49
  • 1
    @Toobatf I assume you don't mean Extraordinary Rendition so can you cite a real-life example where (what the UN call) Foreign Terrorist Fighters prisoners have been "moved" back to the UK by the UK authorities, please?
    – Rock Ape
    Jul 22 at 13:00

I wonder whether the detained person (non-civilian) in transnational non-international armed conflict (NAIC) can be displaced to another country or not.

Yes, in in certain circumstances

This answer is in response to this the France 24 article provided by the OP in a comment:

Le Guen’s court case, which will end on Tuesday, is the first to test a law approved in 2012 that allows French prosecutors to go after citizens who are suspected of participating in terrorist acts on foreign soil, or who have left the country to receive terrorist training.

  • And this updated article by The Local:

[Le Guen] has been sentenced to eight years behind bars for his involvement in Al-Qaeda networks in northern Africa.


... he became the first French national to be convicted of breaking terror laws unveiled in 2012 which allow French officials to hunt suspected French terrorists on foreign soil.

These French "terror laws" seem to be Act No. 2012-1432 which, at Article 2, inserted Article 113-13 in to the Penal Code:

  French criminal law applies to crimes and misdemeanors qualified as acts of terrorism and punished by Title II of Book IV committed abroad by a French person or by a person habitually residing on French territory.

At the time Mali was experiencing a Non-International Armed Conflict, with France providing military support to the government. I cannot find the Malian-French Protocol Agreement to be sure, but I assume that this support would have included giving the French authorities certain in-country law enforcement powers allowing the arrest of terror suspects for offences falling within Article 113-13 and their transportation to France for trial.

  • 1
    There is an agreement between Mali and France that called [the France-Mali Status of Forces Agreement]. source: [Stigall, Dan E., The French Military Intervention in Mali, Counter-Terrorism, and the Law of Armed Conflict (May 8, 2015). Military Law Review, Vol. 223, No. 1, 2015, Available at SSRN: ssrn.com/abstract=2604235 ]
    – Toobatf
    Jul 23 at 21:27

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.