ABSTRACT

The drafting of the International Covenant on Civil and Political Rights (ICCPR) began in June 19473 and work commenced at the outset on Article 9, which deals with detention. In 2012 the United Nations Working Group on Arbitrary Detention regarded deprivation of liberty in five classes of cases as arbitrary detention under customary international law. In May 2013, a statement was issued by the Human Rights Council Working Group on Arbitrary Detention, the Inter-American Commission of Human Rights and United Nations Rapporteurs on Human Rights and Counter-Terrorism, Torture and Health. The local district court ruled that their detention had been lawful to prevent the imminent commission or continuation of a criminal offense. In reviewing the standards for preventive detention under the name of "internment" or "administrative detention" of members of armed groups, the International Committee of the Red Cross (ICRC) discusses the rights of unlawful combatants, as well as participants in non-international armed conflicts.