NCJ Number
170799
Journal
New England Journal on Criminal and Civil Confinement Volume: 23 Issue: 2 Dated: (Summer 1997) Pages: 641-679
Date Published
1997
Length
39 pages
Annotation
This Note reviews the international circumstances and repercussions of America's refugee detention policies.
Abstract
The Note first examines the circumstances that led to the evolution of the American programs, and discusses the relevance of customary international law to the development of the American practices of detention. The Note then considers whether ratification of the International Covenant on Civil and Political Rights influences United States policy, concluding that, despite ratification of this important multilateral treaty, the United States will not alter its stance of arbitrary and indefinite detention. The Note provides arguments compelling courts to apply the international proscriptions against detention; examines the potential international repercussions of the failure to comply with the mandate of international law; and, finally, contends that international law, to solve this and many other injustices, must acquire the strength of positive, enforceable law ratified and supported by the consent of many nations. Notes