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Security detention

Security detention / International humanitarian law

Deprivation of liberty for security reasons is an exceptional measure of control that may be taken in armed conflict. The administrative detention of persons believed to represent a threat to State security is also being more and more widely practiced outside of armed conflicts. In both situations, there is insufficient due process protection of the rights of persons affected. Read full overview

Analysis

  • The role of the International Committee of the Red Cross in stability operations

    The article retraces the main legal challenges arising from the detention by multinational forces in Iraq in 2009.

    30-06-2010 | US Naval War College International  Law Studies | Laurent Colassis

  • Human rights litigation and the "war on terror"

    The "War on Terror" has led to grave human rights violations and, in response, to a growing volume of human rights litigation. The article provides an overview of litigation that has unfolded in recent years in relation to issues such as arbitrary detention, torture and ill-treatment, extraordinary rendition, extra-territorial application of human rights norms and the creeping reach of the "terrorism" label.

    30-09-2008 | International Review of the Red Cross | Helen Duffy

  • The interplay between international humanitarian law and internationalhuman rights law in situations of armed conflict

    International human rights law and international humanitarian law are traditionally two distinct branches of law. Yet, developments in international and national jurisprudence and practice have led to the recognition that these two bodies of law not only share a common humanist ideal of dignity and integrity but overlap substantially in practice.

    26-12-2007 | International Law Forum, University of Jerusalem | Cordula Droege

  • Human rights and indefinite detention

    International human rights law abhors a legal black hole. It applies wherever a State exercises its jurisdiction, not only in peacetime but also during armed conflict, as a compliment to humanitarian law. The deprivation of liberty is subject to certain conditions, and even initially lawful detention becomes arbitrary and contrary to law if it is not subject to periodic review.

    31-03-2005 | International Review of the Red Cross | Alfred de Zayas

  • Casting light on the legal black hole: International law and detentions abroad in the "war on terror"

    In the deprivation of liberty by agents acting outside the sovereign territory of their State, the prevention of violations of fundamental norms and values is particularly important.

    31-03-2005 | International Review of the Red Cross | Silvia Borelli

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