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Conceptualising Arbitrary Detention: Power, Punishment and Control Abridged edition [Pehme köide]

(University of Essex)
  • Formaat: Paperback / softback, 310 pages, kõrgus x laius: 234x156 mm, Not illustrated
  • Ilmumisaeg: 28-May-2024
  • Kirjastus: Bristol University Press
  • ISBN-10: 1529222494
  • ISBN-13: 9781529222494
  • Formaat: Paperback / softback, 310 pages, kõrgus x laius: 234x156 mm, Not illustrated
  • Ilmumisaeg: 28-May-2024
  • Kirjastus: Bristol University Press
  • ISBN-10: 1529222494
  • ISBN-13: 9781529222494
Available open access digitally under CC-BY-NC-ND licence



This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies.



Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention.



Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

Arvustused

"Drawing from the author's wealth of practical experience, this book delves into contemporary issues like detention during pandemics and counter-terrorism measures. Its approach to the subject of arbitrary detention sets it apart, making it a unique contribution to the field." Elna teinerte, UN Subcommittee on the Prevention of Torture and former Chair Rapporteur of the UN Working Group on Arbitrary Detention "This is a fresh reminder that the international community needs to do more to counter arbitrary detention. Ferstman's rigorous analysis determines with clarity and persuasiveness under what precise conditions deprivation of freedom is warranted and when it is a serious violation of universally recognized standards. This book is an enormous contribution to the struggle to uphold those principles, to denounce aberrant recourse to prolonged or widespread detention without trial, and to devise specific and effective remedies in international and in domestic law to preserve the fundamental right to liberty." Juan E. Mendez, American University Washington College of Law and former UN Special Rapporteur on Torture

1. Introduction





Part A: Theorising and Conceptualising Arbitrariness





2. Notions of the Arbitrary


3. Arbitrariness as an Indication of Harm





Part B: The Law and Practise of Arbitrary Detention in Context





4. Enforcing Hostility and Social Control


5. Deterring Dissent


6. The Securitisation of Detention: Exceptional Regimes, Security Frameworks
and Counter-Terrorism Measures


7. Detention of Dual and Foreign Nationals for Leverage


8. Detention and Pandemic Exceptionality


9. Conclusions
Carla Ferstman is Professor of Law at the University of Essex.