On November 12, Thilo Marauhn hosted a digital TraCe Research Colloquium focused on the complex question of detention in non-international armed conflicts, using examples such as the FARC in Colombia and the Islamic State. While the legal framework for prisoners of war is well established in international armed conflicts, comparable rules for non-state actors who detain civilians or non-civilians of a party to a conflict are largely absent. Participants explored how the lack of regulation shapes state and non-state behavior. The discussion highlighted the tension between humanitarian concerns and political legitimacy: states resist formalizing rules that might confer legitimacy on armed groups, yet the absence of norms can create perverse incentives, including even the killing of captives.
The group debated possible ways to develop minimum humanitarian standards or “parallel” frameworks for non-state actors, acknowledging both the pragmatic potential and the legal and ethical risks. Questions were raised about the distinction between detention and kidnapping, and about the implications for accountability, amnesty, and humanitarian practice. The conversation pointed toward future research on patterns of extralegal detention, the role of humanitarian organizations, and the need to prevent violence in contexts of weak or fragmented legal authority.
We were happy to have our current TraCe fellow León Castellanos-Jankiewicz, an international law expert, join our discussion for this colloquium.