III.5 Special protection against CRSV is owed to prisoners of war (POWs), detainees and internees

'Women, girls, men and boys are particularly vulnerable to rape and other forms of sexual violence' when deprived of their liberty in relation to an armed conflict. Those who are made POWs, a status applicable only in an IAC to persons taking an active part in the hostilities, are 'in all circumstances entitled to respect for their persons and honour'; States must treat them humanely at all times and protect them against 'acts of violence or intimidation'. This is significant in situations of detention, which may constitute coercive circumstances. 'Respect for their persons' imposes a due diligence obligation on States to be mindful of the distinct risks each prisoner faces and covers gender and sexual orientation, which is important because women and sexual and gender minorities are disproportionately at risk of CRSV.

Individuals who may have participated in the conflict, but are not currently taking an active part in the hostilities and are nevertheless deprived of their liberty, are also entitled to protection. States must treat them humanely at all times and protect their person and honour from all acts or threats of violence.