Arbitrary Detentions

Arbitrary Detentions in 2013

United States views on international law [1] in relation to Arbitrary Detentions: On March 5, 2013, the U.S. delegation provided a statement at the 22nd Session of the HRC regarding the working group on arbitrary detentions. The U.S. statement is excerpted below and available at (link resource) geneva.usmission.gov/2013/03/06/u-sstatement-on-the-protection-of-human-rights-while-countering-terrorism-and-onarbitrary-detentions/.

Some Aspects of Arbitrary Detentions

Regarding the Working Group's “Deliberation No. 9,” the United States reserves on such questions as to whether and under what circumstances prolonged arbitrary detention may violate customary international law or whether there is a preemptory or jus cogens norm against it. However, we agree with the emphasis of the Working Group's report on the need for all States to enforce protections against arbitrary or unlawful detention and to provide means for a detained person to challenge the lawfulness of detention in accordance with applicable international obligations, paying due respect to the principle of lex specialis in situations of armed conflict, and the limits on the Working Group's mandate in that regard. However, we see no need to rewrite or reinterpret treaty text, such as Articles 4 and 9 of the International Covenant on Civil and Political Rights, in order to underscore the importance of continued protection from unlawful or arbitrary detention. We would also emphasize the importance of the Universal Declaration of Human Rights in providing a yardstick by which the conduct of all States may be judged with respect to arbitrary arrest or detention, particularly those States that are not party to the International Covenant on Civil and Political Rights or other relevant international or regional conventions. Finally, as stated in our intervention on the Working Group's last report, the United States encourages the Working Group to concentrate on specific cases and circumstances of arbitrary detention rather than on attempting to summarize or restate the related legal obligations of States. As for the Working Group's ongoing efforts to prepare draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty, the United States notes that Resolution 20/16 requested that the Working Group seek the views of States and others, and inquires as to how the Working Group intends to proceed in seeking such views and what its timeframe for collecting such responses might be.

Resources

Notes

1. Arbitrary Detentions in the Digest of United States Practice in International Law