Administrative review of detention in a NIAC

Andrea Joy Harrison

Chapter 2 in Detention in Extraterritorial Non-International Armed Conflicts, 2026, pp 16-37 from Edward Elgar Publishing

Abstract: Chapter 2 argues that both IHL and IHRL prohibit detention absent a right to challenge it (POWs being the sole possible exception). While the rules of international armed conflict (IAC) are specific and detailed, they have only a limited application, and the rules of NIAC do not explicitly address periodic reviews. As customary IHL is vague with respect to review mechanisms in NIACs, the chapter also examines IHRL to determine how that body of law may draw on additional rules that could be applied instead of, or inform the interpretation of, customary IHL during a NIAC. IHRL provides a right to challenge any deprivation of liberty before a judicial body, but Chapter 2 argues that NIAC detainees must have the right to challenge their detention under CIHL, but that the detaining authorities may provide administrative reviews (as opposed to judicial ones) for this purpose.

Keywords: Arbitrary Detention; Administrative Review; Judicial Review; Periodic Review; Non-International Armed Conflict; Extraterritorial NIAC (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035392735
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