Independence and impartiality under IHL

Andrea Joy Harrison

Chapter 3 in Detention in Extraterritorial Non-International Armed Conflicts, 2026, pp 38-49 from Edward Elgar Publishing

Abstract: Chapter 3 will examine IHL in order to determine what these boards should look like by analysing how independence and impartiality are addressed under IHL and how independence and impartiality are defined in relation to judicial processes in IACs and NIACs, and other types of administrative mechanisms in IACs and NIACs. The chapter concludes that while there is a customary IHL right to an independent and impartial review process, there is insufficient guidance on the nature or procedures of these review boards to rely solely on IHL – or even interpretive treatises of IHL such as the ICRC Commentaries. It is therefore necessary to rely on the general principles of law found under IHRL to define these concepts.

Keywords: Independence; Impartiality; Administrative Review; NIAC; Detention; Extraterritorial (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035392735
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