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Max Planck Encyclopedia of Public International Law [MPEPIL]

Detention, Arbitrary

Oliver Dörr

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Detention — Prisoners of war — Armed conflict, international — Unlawful confinement — Ius in bello

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Detention is the holding of individuals against their will depriving them of their freedom physically to go to or leave a certain place (‘liberté d’aller et de venir’). If effected by or on the orders of a State authority, it restricts the right to liberty guaranteed under various instruments of international law (Liberty, Right to, International Protection). If the measure of detention is part of a criminal procedure against the person concerned, it is usually characterized as an arrest. 2 The act of detaining a person is to be legally distinguished from...
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