The Copenhagen principles on the handling of detainees: implications for the procedural regulation of internment

The Copenhagen Principles on the Handling of Detainees in International Military Operations were released in October 2012 after a five-year long process involving states and certain organizations. The Principles address a number of issues concerning the handling and transfer of detainees. They apply in military operations conducted by states abroad in the context of non-international armed conflicts and peace operations. This article focuses on those principles that address the procedural regulation of internment (ie preventive, security detention), as it is here that the current law is particularly unclear. On the one hand, the treaty provisions applicable in non-international armed conflicts contain no rules on the procedural regulation of internment, in comparison with the law of international armed conflict. On the other hand, the relevant rules under international human rights law (IHRL) appear derogable in such situations. This article demonstrates that the approach taken to this issue in the Copenhagen Principles is one which essentially draws on the procedural rules applicable to civilian internment in the international armed conflicts. These rules adopt standards that are lower than those under IHRL. Reference is then made to other recent practice, which illustrates that the Copenhagen Principles do not apply in a legal vacuum. In particular, two recent judicial developments highlight the continued relevance of human rights law and domestic law, respectively, in regulating detention operations in the context of international military operations. Compliance with the Copenhagen Principles may not, therefore, be sufficient for detention to be lawful.

Tracing pre-eruptive magma degassing using (Pb-210/Ra-226) disequilibria in the volcanic deposits of the 1980-1986 eruption of Mount St. Helens

Disequilibria between Pb-210 and Ra-226 can be used to trace magma degassing, because the intermediate nuclides, particularly Rn-222, are volatile. Products of the 1980-1986 eruptions of Mount St. Helens have been analysed for (Pb-210/Ra-226). Both excesses and deficits of Pb-210 are encountered suggesting rapid gas transfer. The time scale of diffuse, non-eruptive gas escape prior to 1980 as documented by Pb-210 deficits is on the order of a decade using the model developed by Gauthier and Condomines (Earth Planet. Sci. Lett. 172 (1999) 111-126) for a non-renewed magma chamber and efficient Rn removal. The time required to build-up Pb-210 excess is much shorter (months) as can be observed from steady increases of (Pb-210/Ra-226) with time during 1980-1982. The formation of Pb-210 excess requires both rapid gas transport through the magma and periodic blocking of gas escape routes. Superposed on this time trend is the natural variability of (Pb-210/Ra-226) in a single eruption caused by tapping magma from various depths. The two time scales of gas transport, to create both Pb-210 deficits and Pb-210 excesses, cannot be reconciled in a single event. Rather Pb-210 deficits are associated with pre-eruptive diffuse degassing, while Pb-210 excesses document the more vigorous degassing associated with eruption and recharge of the system. (c) 2006 Elsevier B.V. All rights reserved.

The United Nations and the African Union: Assessing a partnership for peace in Darfur

In Resolution 1556, the Security Council, with the conflict in Darfur clearly in mind, determined that the ‘situation in Sudan constitutes a threat to international peace and security and to stability in the region’. This article focuses on the response by the United Nations, in particular the Security Council, and the African Union to the Darfur conflict. It begins by exploring the role of peacekeeping operations and regional arrangements or agencies in the overarching architecture of international peace and security. Having laid this frame of reference, it then looks at the modalities of peacekeeping in Darfur. These operations began with the African Union acting in isolation but have transitioned to an increasingly important role being played by the United Nations and a hybrid peacekeeping presence. Finally, this article asks whether, assuming that a legally dispositive conclusion can be drawn that genocide has taken place in Darfur since the outbreak of hostilities there in 2003, there exists a legal justification, or even obligation, for non-compliance by states with the sanctions regime established by Security Council Resolutions 1556 and 1591. This regime of sanctions has played an important part in the Security Council's approach to Darfur but has been, unfortunately, left largely unexamined from the standpoint of international legality.