The principle of impartiality as applied to NIAC review boards: considerations of extraterritoriality, NSAGs and mass detention

Andrea Joy Harrison

Chapter 6 in Detention in Extraterritorial Non-International Armed Conflicts, 2026, pp 135-151 from Edward Elgar Publishing

Abstract: Chapter 6 takes the legal criteria for impartial administrative review established in Chapter 4 and applies these to NIAC detention review boards. This is accomplished by reviewing State practice, jurisprudence and other legal sources. This brief survey provides examples of practice that successfully addressed some – or all – of the three criteria and helps to clarify what adaptations or exceptions international adjudicatory bodies have made to the general application of the principle of impartiality when detention has taken place in the context of a NIAC, and especially in an extraterritorial NIAC.

Keywords: Impartiality; Bias; NIAC; Extraterritorial; Guantanamo; Periodic Review (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035392735
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