Moving detained person(non-civilian) in Non-international armed conflict (NIACs)
<p><strong>An example: some English guys converted to Islam and fought against the UK in Iraq in favor of ISIS. How were they moved to the UK? bellow I wrote my idea, am I right? I need a legal basis for it.</strong></p>
<p>I knew that detained persons in International armed conflict (IACs) could be moved to the third state under specific conditions. (Article 12 Geneva III). But I wonder whether the detained person (non-civilian) in transnational non-international armed conflict (NAIC) can be displaced to another country or not. And I knew that some ideas tried to apply analogy between IACs and NIAC to grant these detained persons, Prisoner of War status (PoW), or civilian status. But they were clearly fighting, and they can not belong to the civilian. And also, ICRC <a href="https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action=openDocument&amp;documentId=4C2D08B777E54448C12563CD0043A314" rel="nofollow noreferrer">commentary</a> explicitly wrote that there is no POW status in NIAC, and internment rules are minimal. I guess, there is a kind of gap here, and we can not fill it by the customary law. So the only way for us is using the potential of domestic law to move them from Iraq to the UK.</p>

<p><strong>I wonder whether the detained person (non-civilian) in transnational non-international armed conflict (NAIC) can be displaced to another country or not.</strong></p>
<p><strong>Yes, in <a href="/questions/tagged/france" class="post-tag" title="show questions tagged &#39;france&#39;" rel="tag">france</a> in certain circumstances</strong></p>
<p>This answer is in response to this <a href="https://www.france24.com/en/20150504-tiral-french-jihadist-le-guen-paris-mali-aqmi" rel="nofollow noreferrer">the <em>France 24</em> article</a> provided by the OP in a comment:</p>
<blockquote>
<p>Le Guen’s court case, which will end on Tuesday, is the first to test a law approved in 2012 that allows French prosecutors to go after citizens who are suspected of participating in terrorist acts on foreign soil, or who have left the country to receive terrorist training.</p>
</blockquote>
<ul>
<li>And this updated <a href="https://www.thelocal.fr/20150515/french-jihadist-jailed-for-eight-years/" rel="nofollow noreferrer">article</a> by <em>The Local</em>:</li>
</ul>
<blockquote>
<p>[Le Guen] has been sentenced to eight years behind bars for his involvement in Al-Qaeda networks in northern Africa.</p>
<p>...</p>
<p>... he became the first French national to be convicted of breaking terror laws unveiled in 2012 which allow French officials to hunt suspected French terrorists on foreign soil.</p>
</blockquote>
<p>These French &quot;terror laws&quot; seem to be <a href="https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000026809719" rel="nofollow noreferrer">Act No. 2012-1432</a> which, at Article 2, inserted Article 113-13 in to the Penal Code:</p>
<blockquote>
<p>  French criminal law applies to crimes and misdemeanors qualified as acts of terrorism and punished by Title II of Book IV committed abroad by a French person or by a person habitually residing on French territory.</p>
</blockquote>
<p>At the time Mali was experiencing a <a href="https://www.rulac.org/browse/conflicts/non-international-armed-conflits-in-mali#collapse1accord" rel="nofollow noreferrer"><em>Non-International Armed Conflict</em></a>, with France providing military support to the government. I cannot find the Malian-French Protocol Agreement to be sure, but I assume that this support would have included giving the French authorities certain in-country law enforcement powers allowing the arrest of terror suspects for offences falling within Article 113-13 and their transportation to France for trial.</p>

international prison