Detainee Transfers and Risk Assessments in Military Operations
Breakfast Briefing with Cornelius Wiesener
Abstract:
This presentation will focus on the legal challenges when transferring detainees in the course of international military operations. The non-refoulement principle (under both IHL and human rights law) requires individual assessments of the risk that the detainee might be exposed to torture or other forms of inhuman treatment following a handover to another state or non-state actor. Apart from the legal issues at stake, the presentation will also consider the practical aspects of those risk assessment procedures and possible mitigating measures to lower the risk of mistreatment (e.g. diplomatic assurances and MOUs).
About the speaker:
Cornelius Wiesener is a tenure-track assistant professor at iCourts and a member of the InterMil project, which conducts strategic research and provides research-based public-sector consultancy within the field of military studies.
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