The Copenhagen Process and the Copenhagen Process Principles and Guidelines on the Handling of Detainees in International Military Operations

The article describes some of the key legal questions and challenges encountered and dealt with during the Copenhagen Process on Handling of Detainees in International Military Operations, including the relationship between international humanitarian law and international human rights law. It also addresses some of the criticism directed at the process, and looks at the way ahead for ensuring the best possible protection of individuals detained during international military operations. The article concludes that the Copenhagen Process Principles and Guidelines does constitute an important step forward in that regard, and that application of the Principles and Guidelines by the participants and the international community more broadly, including by the United Nations Security Council, is paramount in ensuring this common goal.