Legal Definitions - unlawful confinement

Definition: Unlawful confinement is a serious crime that is considered a war crime under the Rome Statute of the International Criminal Court. This crime occurs when a person is unlawfully confined or detained against their will. To be considered unlawful confinement, the following elements must be present:

• The perpetrator confined a victim or victims
• The victim(s) were protected under the Geneva Conventions of 1949
• The confinement was associated with an international armed conflict

Examples:

During the Bosnian War, Serbian forces unlawfully confined and detained thousands of Bosniak and Croat civilians in detention camps. These civilians were subjected to torture, rape, and other forms of inhumane treatment.

In 2014, ISIS militants unlawfully confined and detained American journalist James Foley. Foley was held captive for several months before he was brutally executed by his captors.

These examples illustrate how unlawful confinement can occur during times of war or conflict. It is a serious violation of human rights and can result in severe physical and psychological harm to the victim(s).