The Interfet Detainee Management Unit in East Timor

Yearbook of International Humanitarian Law, 2000

U of Melbourne Legal Studies Research Paper No. 166

Posted: 31 Aug 2006

See all articles by Bruce Oswald

Bruce Oswald

University of Melbourne - Law School

Abstract

This article discusses the law and order role undertaken by the Detainee Management Unit of the International Force in East Timor (INTERFET). Its focus is the legal regime endorsed by INTERFET to deal with the detainment of persons and the complex issues arising pursuant to that regime. Through an analysis of the structure put into place by INTERFET, from the creation of the Detainee Management Unit to the use of Force Detention Centres, the legal issues which arise, such as the classification and treatment of detainees, are discussed by drawing on examples from the field. The Detainee Management Unit provided INTERFET with a mechanism to ensure that the military imperative - to restore peace and security - was appropriately balanced against the need to ensure that the rights of detainees to natural justice and due process were not abused. The article provides the reader with an example of how international humanitarian law, supplanted where necessary by human rights provisions, provides a military commander with an effective and efficient tool to manage detainees during peace operations.

Keywords: INTERFET, detainee, East Timor, Detainee Management Unit, Force Detention Centre, justice, humanitarian law, human rights, peace operations

JEL Classification: K33

Suggested Citation

Oswald, Bruce, The Interfet Detainee Management Unit in East Timor. Yearbook of International Humanitarian Law, 2000, U of Melbourne Legal Studies Research Paper No. 166, Available at SSRN: https://ssrn.com/abstract=927563

Bruce Oswald (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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