A Detaining Power is the country, state, government, or any other jurisdiction which detains, holds, or incarcerates those who are alleged to have committed an offence against this jurisdiction or others (which for whatever reason have not been or will be proven not to be fit to process the detainees in question). In short, anyone who prevents someone from leaving a country or state and may have lawfully arrested and held such persons for a length of time may be referred to as a Detaining Power.[1]
For legal purposes, it is a condition of the 3rd drafting of the Geneva Agreement that a detainee may request that their crimes be proven to justify their incarceration.[citation needed]
At time of submission the Quirin case and the Guantanamo Bay trials are examples of highly disputed Detaining Power in the US and under the US jurisdiction.[2]
^"Treaties, States parties, and Commentaries - Geneva Convention (III) on Prisoners of War, 1949". ihl-databases.icrc.org. Retrieved 2017-01-17.
^Haas, Michael (2009-01-01). George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. ABC-CLIO. ISBN 9780313364990.
A DetainingPower is the country, state, government, or any other jurisdiction which detains, holds, or incarcerates those who are alleged to have committed...
trial and punishment (which may include capital punishment if the detainingpower has such a punishment for the crimes they have committed). Protocol...
profess allegiance to a government or an authority not recognised by the DetainingPower. 4.1.4 Civilians who have non-combat support roles with the military...
powers toward civilians. The detainingpower was also required to appoint a substitute whenever the benefit of a protecting power was lost. Seventy percent...
profess allegiance to a government or an authority not recognized by the DetainingPower. Inhabitants of a non-occupied territory, who on the approach of the...
provisions to protect prisoners of war if the military regulations of the detainingpower do not meet a minimum standard. Two specific regulations which differentiate...
tribunal has determined that an individual is not a lawful combatant, the detainingpower may choose to accord the individual the rights and privileges of a...
profess allegiance to a government or an authority not recognized by the DetainingPower" "Persons who accompany the armed forces without actually being members...
be utilized by the Detainingpower for work respecting their age, sex, rank, physical aptitude. Proceedings – the Detainingpower can prosecute the prisoner...
country. That is regardless of number of prisoners so affected; the detainingpower cannot refuse a genuine request. Under the Geneva Convention (1929)...
the status of protected persons, meaning it is a war crime by the detainingpower to deprive the rights afforded to them by the Third Convention's provisions...
despite his conviction for acts committed prior to his capture by the "detainingpower" (the U.S.). This status meant that he had his own prison cell, furnished...
disposition to begin the clock. U.S. Marshals are given the power to issue writs of detainers in 28 U.S.C. 566(c), which is how the federal government interacts...
Geneva Convention (of which Canada is a signatory) states that "the DetainingPower [Canada] is responsible for the treatment given [to prisoners of war]"...
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"allegiance to a government or an authority not recognized by the DetainingPower." Consequentialism – moral theory most frequently summarized in the...
and preparation, but seldom achieve complete success as usually the detainingpower maximises the effort to find and recapture the escapees. Below is a...
receipt being given; they had no spokesman to represent them before the DetainingPower; officers received no pay and other ranks, although compelled to work...
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receipt being given; they had no spokesman to represent them before the DetainingPower; officers received no pay and other ranks, although compelled to work...
a “multidisciplinary” team would carry out an investigation aimed at detaining the culprits. No arrests were immediately reported. President Andrés Manuel...
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83, 84, 86. (4) Power to cause search by postal and telegraph authority for documents etc. and to detain them. Section 95 (2). (5) Power to issue search-warrant...
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