The submission undertakes a general exposition of standards and jurisprudence, followed by more specific attention to the question of administrative and preventive detention.
Pursuant to the call by the Working Group on Arbitrary Detention – one of the Special Procedures of the UN Human Rights Council – for written information to assist in its deliberations on “the definition and scope arbitrary deprivation of liberty under customary international law”, the ICJ made a submission pertaining to the definition, scope and content of arbitrary detention, under international standards and jurisprudence.
Following an overview of standards and jurisprudence, it focuses on administrative and preventive detention, including in respect of counter-terrorism measures, which has given rise to the most abusive practices by States in respect of the rights to liberty. It also briefly highlights the question of detention of migrants.
Submission working Group detention-analysis brief-2012 (full text in English, PDF)