A/80/205 circumstances also imposes the obligation to effectively investigate and, where appropriate, prosecute the perpetrators of violence. 29. International humanitarian law also imposes obligations relevant to those circumstances during situations of armed conflict. Protected persons are entitled, in all circumstances, to respect for their religious convictions and practices, and their manners and customs; 43 the right of religious ministers to give spiritual assistance to the members of their communities is protected, as is the consignment of books and articles required for religious practice, along with their distribution. 44 Detaining Powers must also place premises suitable for the holding of religious services at the disposal of interned persons, 45 and the latter “shall enjoy complete latitude in the exercise of their religious duties”. 46 Article 75 of the first Additional Protocol and article 4 of the second Additional Protocol to the Geneva Conventions guarantee, as a minimum, respect for the convictions and religious practices of all persons without discrimination. 30. Under international criminal law, such displacement may constitute crimes against humanity of forcible transfer or of persecution on ethnic, national and religious grounds in some contexts; 47 forcible transfer can also constitute genocide. 48 Both the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 and the International Court of Justice 49 have made relevant findings in that regard, in relation to acts committed in Srebrenica. The International Criminal Court has also observed that internally displaced persons “who have established temporary homes after being uprooted from their original communities” enjoy the protection of the prohibition on forcible transfer, in itself a crime against humanity under article 7 (1) (d) of the Rome Statute. 50 C. Freedom of religion or belief at borders and in contexts of deprivation of liberty of asylum-seekers, refugees and migrants 31. Migrants, refugees and asylum-seekers are often rendered particularly vulnerable to human rights violations, including of freedom of religion or belief or discrimination on the basis of their religion or belief, when they are deprived of their liberty. According to the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the concept of “places of deprivation of liberty” is broadly interpreted as including both public and private settings. Immigration detention centres, immigration hubs and offshore detention centres constitute such places of detention where persons held are vulnerable to human rights violations, including of their right to freedom of religion or belief. 32. In her practice and communications, the mandate holder has addressed numerous instances in which freedom of religion or belief violations occur at borders and in contexts of deprivation of liberty. These have included forcible repatriation or detentions of those crossing the borders of transit countries when escaping religious __________________ 43 44 45 46 47 48 49 50 25-11829 Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), art. 27. Ibid., art. 58. Ibid., art. 86. Ibid., art. 93. See www.refworld.org/jurisprudence/caselaw/icty/2005/en/91971, paras. 619 and 620. Ibid., paras. 616–674. See www.icj-cij.org/sites/default/files/case-related/91/091-20070226-JUD-01-00-EN.pdf, para. 297. www.icc-cpi.int/sites/default/files/CourtRecords/CR2019_03568.PDF, para. 1069. 9/23