Counter-Terrorist Detention and International Human Rights Law

Ben Saul (ed), Research Handbook on International Law and Terrorism (2014; Edward Elgar)

13 Pages Posted: 22 Feb 2014

See all articles by Fiona de Londras

Fiona de Londras

Birmingham Law School, University of Birmingham, UK; ANU College of Law

Date Written: February 21, 2014

Abstract

In this chapter forthcoming in Ben Saul (ed), Research Handbook on International Law and Terrorism, I consider the compatibility of counter-terrorist detention with international human rights law from the starting point that what is protected in international law is not a right to be free from detention per se but rather a right to be free from the arbitrary deprivation of one’s liberty. This is clearly rooted in international human rights law, which is the main focus of this chapter (acknowledging that it interacts with international humanitarian law in situations of armed conflict).

The chapter demonstrates that counter-terrorist detention can be compatible with the standards of international human rights law as they have been interpreted and applied in the past decade, but that in the process of such interpretation and application those standards have at times been diluted to a worrying extent.

Keywords: detention, terrorism, international human rights law

JEL Classification: K19

Suggested Citation

de Londras, Fiona, Counter-Terrorist Detention and International Human Rights Law (February 21, 2014). Ben Saul (ed), Research Handbook on International Law and Terrorism (2014; Edward Elgar). Available at SSRN: https://ssrn.com/abstract=2399477

Fiona De Londras (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, AL B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=99740

ANU College of Law ( email )

Canberra, Australian Capital Territory 2601
Australia

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