PRISONERS’ RIGHTS AND INTERNATIONAL HUMANITARIAN NORMS: A LEGAL EXAMINATION

Abstract

This paper examines the legal architecture protecting persons deprived of liberty where international humanitarian law (IHL) and international human rights law (IHRL) intersect. It sets out the principal treaties and soft-law standards (Geneva Conventions/Common Article 3; ICCPR; Convention Against Torture; and the UN Standard Minimum Rules / “Nelson Mandela Rules”), surveys enforcement mechanisms, surveys leading jurisprudence, and presents a focused case study on Guantánamo litigation (Rasul; Hamdan) to illustrate how IHL/IHRL tensions play out in practice. The paper concludes with concrete legal and policy recommendations to strengthen protections for detainees and ensure compliance with humanitarian norms. Key primary materials and case law are cited throughout.