TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 128 Detention Under International Law: Liberty and Permissible Detention

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law.

Volume 128, Detention Under International Law: Liberty and Permissible Detention, is the first in a three-volume arc that looks at detention under international law. This volume examines the literal deprivation of a person's liberty, and the ways in which international and regional human rights instruments and courts have permitted detention under international law. Professor Kristen Boon explores how the individual's right to liberty and security has been set out in universal and regional treaties and charters, and contrasts lawful detention and the treatment of administrative and preventative detention with unlawful arbitrary detention. Professor Boon illustrates her commentary by organizing treaties, reports by UN agencies and non-governmental organizations, judgments in regional international human rights courts, and through comments, adjudications, and reports from UN human rights treaty bodies.

VOLUME 128

DETENTION UNDER INTERNATIONAL LAW:
LIBERTY AND PERMISSIBLE DETENTION

Introduction and Commentary by Kristen Boon

A. THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON

1. UNIVERSAL INSTRUMENTS

DOCUMENT NO. 1: Universal Declaration of Human Rights, December 10, 1948

DOCUMENT NO. 2: International Covenant on Civil and Political Rights, December 16, 1966

DOCUMENT NO. 3: Convention on the Rights of the Child, November 20, 1989

2. REGIONAL INSTRUMENTS

DOCUMENT NO. 4: European Convention on Human Rights, as amended by Protocols Nos. 11 and 14, November 4, 1950

DOCUMENT NO. 5: Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms, May 26, 1995

DOCUMENT NO. 6: American Convention on Human Rights, November 22, 1969

DOCUMENT NO. 7: Organization of the American States American Declaration of the Rights and Duties of Man, April 1948

DOCUMENT NO. 8: African Charter of Human and Peoples' Rights (Banjul Charter), June 27, 1981

DOCUMENT NO. 9: Arab Charter on Human Rights, May 22, 2004


B. PERMISSIBLE DETENTION

1. LAWFUL DETENTION

DOCUMENT NO. 10: Pinheiro and Dos Santos v. Paraguay, 11.506, Inter-American Commission on Human Rights, December 27, 2002

a. ADMINISTRATIVE DETENTION

DOCUMENT NO. 11: Human Rights Council Resolution 6/4, Sept. 28, 2007

b. PREVENTATIVE DETENTION

DOCUMENT NO. 12: Human Rights Committee, General Comment 8, June 30, 1982

2. ARBITRARY DETENTION

DOCUMENT NO. 13: Mukong v. Cameroon, Human Rights Committee, July 21, 1994

DOCUMENT NO. 14: Fox, Campbell and Hartley v. The United Kingdom, 12244/86, 12245/86, and 12383/86, Judgment of the Chamber, European Court of Human Rights, August 30, 1990

DOCUMENT NO. 15: Saadi v. The United Kingdom, 13229/03, Judgment of the Grand Chamber, European Court of Human Rights, January 29, 2008

DOCUMENT NO. 16: Article 19 v. Eritrea, 275/2003, African Commission on Human and Peoples' Rights, May 30, 2007

DOCUMENT NO. 17: Gangaram-Panday v. Suriname, Inter-American Court of Human Rights, January 21, 1994

DOCUMENT NO. 18: Álvarez and Íñiquez v. Ecuador, Inter-American Court of Human Rights, November 21, 2007