HASSAN v. THE UNITED KINGDOM – JUDGMENT
7
held at the Camp. The British Military Provost Staff (military police) had an
“overseeing responsibility” for United Kingdom detainees transferred to
United States custody, except those detained in the JFIT compound. United
Kingdom detainees who were ill or injured were treated in British field
hospitals. The United Kingdom authorities were responsible for liaising
with the International Committee of the Red Cross (ICRC) about the
treatment of United Kingdom detainees and the notification of their families
regarding the detention (see further paragraph 20 below). The United
Kingdom also remained responsible for classifying detainees under Articles
4 and 5 of the Third Geneva Convention (see paragraph 33 below).
16. In anticipation of the United Kingdom using shared facilities to hold
United Kingdom detainees, on 23 March 2003 the United Kingdom, United
States and Australian Governments entered into a Memorandum of
Arrangement (“MOA”) relating to the transfer of custody of detainees,
which provided as follows:
“This arrangement establishes procedures in the event of the transfer from the
custody of either the US, UK or Australian forces to the custody of any of the other
parties, any Prisoners of War, Civilian Internees, and Civilian Detainees taken during
operations against Iraq.
The Parties undertake as follows:
1. This arrangement will be implemented in accordance with the Geneva
Convention Relative to the Treatment of Prisoners of War and the Geneva Convention
Relative to the Protection of Civilian Persons in Time of War, as well as customary
international law.
2. US, UK, and Australian forces will, as mutually determined, accept (as
Accepting Powers) prisoners of war, civilian internees, and civilian detainees who
have fallen into the power of any of the other parties (the Detaining Power) and will
be responsible for maintaining and safeguarding all such individuals whose custody
has been transferred to them. Transfers of prisoners of war, civilian internees and
civilian detainees between Accepting Powers may take place as mutually determined
by both the Accepting Power and the Detaining Power.
3. Arrangements to transfer prisoners of war, civilian internees, and civilian
detainees who are casualties will be expedited, in order that they may be treated
according to their medical priority. All such transfers will be administered and
recorded within the systems established under this arrangement for the transfer of
prisoners of war, civilian internees, and civilian detainees.
4. Any prisoners of war, civilian internees, and civilian detainees transferred by a
Detaining Power will be returned by the Accepting Power to the Detaining Power
without delay upon request by the Detaining Power.
5. The release or repatriation or removal to territories outside Iraq of transferred
prisoners of war, civilian internees, and civilian detainees will only be made upon the
mutual arrangement of the Detaining Power and the Accepting Power.
6. The Detaining Power will retain full rights of access to any prisoner of war,
civilian internees and civilian detainees transferred from Detaining Power custody
while such persons are in the custody of the Accepting Power.