40 | Towards the Closure of Guantanamo 66. 67. 68. legality of his detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released. He also has the right to humane treatment during the time he is in custody. The IACHR notes that the American Declaration must be interpreted in such a way that its provisions have a useful effect: in other words, they must effectively serve the protective purpose for which they were created. 39 The terms of the American Declaration must, therefore, be interpreted so as to guarantee that the rights it establishes are practical and effective and not theoretical or illusory, and this also applies to the right to personal liberty (Article I) and to be free from arbitrary arrest (Article XXV). Among the numerous guarantees aimed at protecting persons from unlawful or arbitrary interference with their liberty by the State are “the requirements that any deprivation of liberty be carried out in accordance with pre-established law, that a detainee be informed of the reasons for the detention and promptly notified of any charges against them, that any person deprived of liberty is entitled to juridical recourse, to obtain, without delay, a determination of the legality of the detention, and that the person be tried within a reasonable time or released pending the continuation of proceedings.”40 The American Declaration and other universal and regional human rights instruments were not designed specifically to regulate situations of armed conflict and, thus, they do not contain specific rules governing the use of force and the means and methods of warfare. Consequently, the IACHR looks to and applies definitional standards and relevant rules of international humanitarian law as sources of authoritative guidance when assessing alleged violations of the American Declaration and American Convention in combat situations. 41 69. In analyzing individual petitions involving alleged abuses by State agents and their proxies in the context of armed conflicts, the Commission invokes the norms provided by both human rights law and international humanitarian law. The Commission proceeds in this manner because both sets of norms apply during armed conflicts, although in many cases international humanitarian law may serve as lex specialis, providing more specific standards for analysis. It should be noted, though, that in those cases involving alleged abuses by State agents which do not occur in the context of the hostilities, the IACHR applies human rights norms alone. 42 39 See, mutatis mutandi, IACHR, Report on the use of Pretrial Detention in the Americas, OEA/Ser.L./V/II. Doc. 46/13, December 30, 2013, para. 133. IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 120. See, mutatis mutandi, IACHR, Third Report on the Human Rights Situation in Colombia, OEA/Ser.L/V/II.102, February 26, 1999, paras. 10-12. See, mutatis mutandi, IACHR, Third Report on the Human Rights Situation in Colombia, OEA/Ser.L/V/II.102, February 26, 1999, paras. 10-12. 40 41 42 Organization of American States | OAS