Detention in Extraterritorial Non-International Armed Conflicts: The Obligation to Provide Independent and Impartial Reviews

This thought-provoking book investigates the legal and practical difficulties faced by detainees attempting to challenge their detentions in non-international armed conflicts (NIACs), particularly those in which a State holds detainees outside its own territory.

Detention in Extraterritorial Non-International Armed Conflicts provides crucial insights into State practices on detention review boards, establishing the minimum legal criteria for an independent and impartial process. Chapters explore the treatment of NIACs under international humanitarian law and international human rights law, highlighting the limitations of both. Through conducting innovative research into the difference between judicial and administrative independence, the book proposes practical guidelines to assist detaining authorities in implementing their review obligations.

Students and academics of humanitarian law, human rights and public international law will find this an enlightening read. The book’s guidance on the implementation of the legal criteria discussed will also be beneficial for jurists and government lawyers.