Detention and its Alternatives under International Law

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

1 - Introduction
2 - Identifying Deprivations of Liberty
3 - The Overall Framework on the Prohibition of Arbitrary Detention under International Law
4 - Detention in the Criminal Justice System
5 - Security Detention
6 - Detention of Migrants
7 - Mental Health and Social Care Detention
8 - Detention on Grounds of Public Health
9 - Conclusion: Commonalities and Differences in Detention and Its Alternatives under International Law

Lorna McGregor is a Professor of International Human Rights Law at the University of Essex. She is the Director of the Human Rights, Big Data and Technology Project (originally funded by the Economic and Social Research Council with £4.7million) and has held positions as the Director of the Essex Human Rights Centre, a Commissioner of the British Equality and Human Rights Commission and a trustee of the AIRE Centre. Her research has been funded by the UK Economic and Social Research Council, the British Academy, the Nuffield Foundation, the Oak Foundation, the UK Foreign and Commonwealth Office and the Federal Department of Foreign Affairs of Switzerland. Prior to becoming an academic, Lorna held positions at REDRESS, the International Bar Association, and the International Centre for Ethnic Studies in Sri Lanka. She holds an LL.B (First Class Honours) from Edinburgh Law School and an LL.M. from Harvard Law School, where she was a Kennedy Memorial Trust Scholar and Henigson Fellow.