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HASSAN v. THE UNITED KINGDOM – JUDGMENT
the provisions of the present Convention relative to penal and disciplinary sanctions,
prisoners of war may not be held in close confinement except where necessary to
safeguard their health and then only during the continuation of the circumstances
which make such confinement necessary. ...
Article 118 of the Third Geneva Convention
Prisoners of war shall be released and repatriated without delay after the cessation of
active hostilities. ...
Article 42 of the Fourth Geneva Convention
The internment or placing in assigned residence of protected persons may be
ordered only if the security of the Detaining Power makes it absolutely necessary ...
Article 43 of the Fourth Geneva Convention
Any protected person who has been interned or placed in assigned residence shall be
entitled to have such action reconsidered as soon as possible by an appropriate court
or administrative board designated by the Detaining Power for that purpose. If the
internment or placing in assigned residence is maintained, the court or administrative
board shall periodically, and at least twice yearly, give consideration to his or her
case, with a view to the favourable amendment of the initial decision, if circumstances
permit.
Article 78 of the Fourth Geneva Convention
If the Occupying Power considers it necessary, for imperative reasons of security, to
take safety measures concerning protected persons, it may, at the most, subject them
to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according
to a regular procedure to be prescribed by the Occupying Power in accordance with
the provisions of the present Convention. This procedure shall include the right of
appeal for the parties concerned. Appeals shall be decided with the least possible
delay. In the event of the decision being upheld, it shall be subject to periodical
review, if possible every six months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave
their homes shall enjoy the full benefit of Article 39 of the present Convention.
Article 133(1) of the Fourth Geneva Convention
Internment shall cease as soon as possible after the close of hostilities.
Article 132(2) of the Fourth Geneva Convention
Each interned person shall be released by the Detaining Power as soon as the
reasons which necessitated his internment no longer exist.
B. The Vienna Convention on the Law of Treaties, 1969, Article 31
34. Article 31 of the Vienna Convention on the Law of Treaties 1969
(“the Vienna Convention”) provides as follows:
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