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

Andrea Joy Harrison

Chapter 5 in Detention in Extraterritorial Non-International Armed Conflicts, 2026, pp 89-134 from Edward Elgar Publishing

Abstract: Chapter 5 takes the legal criteria for independent administrative review and applies these to NIAC detention review boards 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 principles of independence and impartiality when detention has taken place in the context of a NIAC, and especially in an extraterritorial NIAC. A majority of the practice is derived from the extraterritorial NIAC detention review boards employed by the United States since 9/11, including in Afghanistan, Iraq and Guantanamo. This chapter demonstrates what has been considered as practical for States to achieve in extraterritorial NIACs while still meeting the minimum legal requirements under IHL, as informed by the general principles of IHRL.

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