Guide to International Human Rights Mechanisms - Brookings

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Enslavement can also amount to a crime against humanity that can be punished by the International
Criminal Court (page 144).
ARBITRARy.DETENTION
IDPs may not be arbitrarily detained (Guiding Principle 12). This means that they may not be arrested
or held in detention (whether in a prison or any other place) without a legal justification and
proper judicial process. For example, where IDPs are forced into camps and not allowed to leave, they
may be considered arbitrarily detained. Moreover, if the sole reason for detention is to punish the exercise
of human rights, such as the right to freedom of expression, to organize workers collectively, to
exercise one’s religion, or to advocate for the human rights of others, it is considered arbitrary.
Issues of arbitrary detention can generally be brought to the attention of:
at the universal level
• Working Group on Arbitrary Detention (page 69)
• Human Rights Committee (page 120), citing CCPR art. 9
at the regional level
Thematic Roadmap
• African Commission (and Court) on Human and Peoples’ Rights (page 156), citing AfCHPR
art. 6
• Inter-American Commission (and Court) on Human Rights (page 171), citing ACHR art. 7
and/or ADRDM art. 1
• European Court of Human Rights (page 195), citing ECHR art. 5
Where persons are detained due to racial or ethnic bias, or for other discriminatory reasons, the
mechanisms described above in the section on Discrimination (page 26) may also be of use. Where
a person is detained specifically because of the exercise of the rights to education, freedom of expression
and opinion, sharing in scientific advancement and participation in cultural life, it is possible
to invoke the UNESCO Committee on Conventions and Recommendations (page 139).
Human rights defenders are often detained in retaliation for their advocacy efforts. In such cases,
the Special Representative of the United Nations Secretary-General on Human Rights Defenders
(page 102) and/or the Special Rapporteur on the African Commission on Human and Peoples’
Rights on Human Rights Defenders (page 163) may be of particular interest. Arbitrary detention
motivated by efforts to counter terrorism may be of interest to the Special Rapporteur on
the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering
Terrorism (page 111).
For detention of displaced children, the Committee on the Rights of the Child (page 131), citing
CRC art. 37, may be appropriate.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates