Article

Casting light on the legal black hole : international law and detentions abroad in the "war on terror"

Silvia Borelli

• International review of the Red Cross, Vol. 87, no. 857, March 2005, p. 39-68

English

Thousands of individuals have been detained abroad in the context of the "war on terror", both during the armed conflicts in Afghanistan and Iraq and as a result of transnational law-enforcement operations. This paper argues that, notwithstanding contrary positions expounded by some States, the protections of international humanitarian law and/or international human rights law remain applicable to these individuals, wherever detained, and examines recent decisions of domestic courts and international bodies which appear to reveal a reassertion of international standards.

• Full text

• International review of the Red Cross / ICRC
• International review of the Red Cross [Vol. 87, no. 857, March 2005] / ICRC