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.
Table of Content
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
About the author
Carla Ferstman is Professor of Law at University of Essex.
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