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These protections are meant to apply to any form of detention related to the armed conflict, and will therefore also apply to detention for serious security reasons, i.e. IHL of NIACs is not explicit about the grounds or procedure for internment, although detention is explicitly mentioned as one of the “causes” that will give rise to the application of the protections of Common Article 3. As the lex specialis crafted specifically for situations of armed conflict, IHL applicable in IACs contains, in most instances, more precise rules, which are more adapted to the situation, as compared to the pertinent rules of human rights law. While combatants may be subject to internment on account of their membership in the armed forces of the enemy, the internment of civilians must be undertaken on an individual basis. In IACs, IHL permits the internment of prisoners of war (POWs) and, under certain conditions, of civilians. Internment is an exceptional, non-punitive measure of control that may be ordered for security reasons.

In situations of armed conflict, it refers to the deprivation of liberty initiated or ordered by the executive branch – not the judiciary – without criminal charges being brought against the internee. Internment is a specific kind of deprivation of liberty.

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