Arbitrary Detention in State-to-State Relations - Report
Dublin Core
Title
Arbitrary Detention in State-to-State Relations - Report
Subject
Political prisoners--Legal status, laws, etc.
Electronic Resource Item Type Metadata
Publication Date
2026
Publisher
Global Affairs Canada (Ottawa)
Document Type
Government report
Language
English, French
Access
Open Access
View Source
Abstract
In different parts of the world, foreign and dual nationals are susceptible to arbitrary arrest and detention or sentencing by governments seeking to compel action from other States. Victims in cases of arbitrary detention in state-to-state relations are deprived of liberty without warning and often held incommunicado for an indefinite period. They are frequently subjected to torture and other ill-treatment, as well as other human rights violations. Charges against them are often vague and overbroad, ranging from espionage to coup plotting, collaborating with foreign governments, or threats to national security. Yet, these crimes carry severe punishments, which allow the detaining State to keep the victim arbitrarily detained for a long period, subject to broader geopolitical objectives and negotiations. Such tactics expose the millions of persons who travel, work and live abroad to greater risk.
Arbitrary detention violates established principles of human rights, the rule of law and the independence of the judiciary. Not only is this practice contrary to international law, it carries serious repercussions for international peace and security, as it undermines trust and friendly relations between States, global cooperation, travel, trade and commerce.
Under international human rights law, “arbitrary detention” has a relatively well-defined meaning, ensuring that the liberty of individuals is protected from unjust or politically motivated imprisonment usually by their own governments. In upholding well-established international law, considerable work has been done to define and address arbitrary detention, including by regional human rights courts and the United Nations Working Group on Arbitrary Detention (UNWGAD). At the same time, “arbitrary detention in state-to-state relations,” involving the deprivation of the liberty of foreign or dual nationals in order to exercise leverage over other States, while clearly a violation of international law, is still an underexplored phenomenon. This form of arbitrary detention has specific implications because of its inter-State dimension challenging the principle of peaceful dispute resolution and exploiting individuals as tools for Statecraft. Addressing this issue requires an understanding of the legal framework applicable to such coercive practices.
Arbitrary detention violates established principles of human rights, the rule of law and the independence of the judiciary. Not only is this practice contrary to international law, it carries serious repercussions for international peace and security, as it undermines trust and friendly relations between States, global cooperation, travel, trade and commerce.
Under international human rights law, “arbitrary detention” has a relatively well-defined meaning, ensuring that the liberty of individuals is protected from unjust or politically motivated imprisonment usually by their own governments. In upholding well-established international law, considerable work has been done to define and address arbitrary detention, including by regional human rights courts and the United Nations Working Group on Arbitrary Detention (UNWGAD). At the same time, “arbitrary detention in state-to-state relations,” involving the deprivation of the liberty of foreign or dual nationals in order to exercise leverage over other States, while clearly a violation of international law, is still an underexplored phenomenon. This form of arbitrary detention has specific implications because of its inter-State dimension challenging the principle of peaceful dispute resolution and exploiting individuals as tools for Statecraft. Addressing this issue requires an understanding of the legal framework applicable to such coercive practices.
Cataloger
Haley Lesemann
Citation
“Arbitrary Detention in State-to-State Relations - Report,” ICMGLT Digital Library, accessed November 3, 2026, https://library.icmglt.org/items/show/769.