Habeas corpus is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian to bring the prisoner to court, to determine whether their detention is lawful.
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
Archibald Henry Maule Ramsay was a British Army officer who later went into politics as a Scottish Unionist Member of Parliament (MP). From the late 1930s, he developed increasingly strident antisemitic views. In 1940, after his involvement with a suspected spy at the United States embassy, he became the only British MP to be interned under Defence Regulation 18B.
The Internal Security Act 1960 was a preventive detention law in force in Malaysia. The legislation was enacted after the Federation of Malaya gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011, the Prime Minister of Malaysia, Najib Razak said that this legislation will be repealed and replaced by two new laws. The ISA was replaced and repealed by the Security Offences Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012. The Act came into force on 31 July 2012.
The Emergency Powers (Defence) Act 1939 was emergency legislation passed just prior to the outbreak of World War II by the Parliament of the United Kingdom to enable the British government to take up emergency powers to prosecute the war effectively. It contained clauses giving the government wide powers to create Defence Regulations by Order in Council. These regulations governed almost every aspect of everyday life in the country during the War. Two offences under the regulations were punishable with death. Following the conclusion of the war, the 1939 Act was repealed, with the individual regulations gradually following suit. As of 2023, at least one Regulation remains in force.
Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states:
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
Following Bahrain's independence from the British in 1971, the government of Bahrain embarked on an extended period of political suppression under a 1974 State Security Law shortly after the adoption of the country's first formal Constitution in 1973. Overwhelming objections to state authority resulted in the forced dissolution of the National Assembly by Amir Isa bin Salman Al Khalifa and the suspension of the Constitution until 2001. The State Security Law of 1974 was a law used by the government of Bahrain to crush political unrest from 1974 until 2001. It was during this period that the worst human rights violations and torture were said to have taken place. The State Security Law contained measures permitting the government to arrest and imprison individuals without trial for a period of up to three years for crimes relating to state security. A subsequent Decree to the 1974 Act invoked the establishment of State Security Courts, adding to the conditions conducive to the practice of arbitrary arrest and torture. The deteriorating human rights situation in Bahrain is reported to have reached its height in the mid-1990s when thousands of men, women and children were illegally detained, reports of torture and ill-treatment of detainees were documented, and trials fell short of international standards.
Operation Demetrius was a British Army operation in Northern Ireland on 9–10 August 1971, during the Troubles. It involved the mass arrest and internment of people suspected of being involved with the Irish Republican Army (IRA), which was waging an armed campaign for a united Ireland against the British state. It was proposed by the Unionist government of Northern Ireland and approved by the British Government. Armed soldiers launched dawn raids throughout Northern Ireland and arrested 342 in the initial sweep, sparking four days of violence in which 20 civilians, two IRA members and two British soldiers were killed. All of those arrested were Irish republicans and nationalists, the vast majority of them Catholics. Due to faulty and out-of-date intelligence, many were no longer involved in republican militancy or never had links with the IRA. Ulster loyalist paramilitaries were also carrying out acts of violence, which were mainly directed against Catholics and Irish nationalists, but no loyalists were included in the sweep.
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
The Criminal Law Act 1955 is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained without trial. It was introduced in 1955 during the colonial era and intended to be a temporary measure, but has since been renewed continuously; the Government has declined to make it permanent, claiming it "believe[s] that the Act should be explicitly extended by Parliament every five years". The validity of the Act was most recently extended in February 2018, and it will remain in force till October 2024.
Liversidge v Anderson [1942] AC 206 is a landmark United Kingdom administrative law case which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency. It concerns civil liberties and the separation of powers. Both the majority and dissenting judgments in the case have been cited as persuasive precedent by various countries of the Commonwealth of Nations. However, in England itself, the courts have gradually retreated from the decision in Liversidge. It has been described as "an example of extreme judicial deference to executive decision-making, best explained by the context of wartime, and it has no authority today." It is therefore mainly notable in England for the dissent of Lord Atkin.
The Internal Security Act 1960 (ISA) of Singapore is a statute that grants the executive power to enforce preventive detention, prevent subversion, suppress organized violence against persons and property, and do other things incidental to the internal security of Singapore. The present Act was originally enacted by the Parliament of Malaysia as the Internal Security Act 1960, and extended to Singapore on 16 September 1963 when Singapore was a state of the Federation of Malaysia.
Internment of German resident aliens and German-American citizens occurred in the United States during the periods of World War I and World War II. During World War II, the legal basis for this detention was under Presidential Proclamation 2526, made by President Franklin Delano Roosevelt under the authority of the Alien Enemies Act.
Robert William Liversidge, formerly Jacob (Jack) Perlsweig, was a British businessman whose activities sometimes attracted the attention of the police and intelligence services. He was also a reputed spy and the subject of a cause célèbre as an internee in Britain during the Second World War.
Ben Greene was a British Labour Party politician and pacifist. He was interned during the Second World War because of his fascist associations and appealed to the Judicial Committee of the House of Lords against his detention. In the leading case of Liversidge v. Anderson the Law Lords declined to interfere with ministerial discretion on matters of national security and thus refused to review his detention.
Thomas Guillaume St. Barbe Baker was a pre-War British Nazi who had been an officer in World War I as a second lieutenant in the Royal Field Artillery and later as a captain in the Royal Air Force. He was affiliated with many fascist movements, was an independent Nazi speaker, known for his eccentricity and walrus moustache. Baker was the brother of Richard St. Barbe Baker, famous for his tree-planting programmes, founder of the Men of the Trees.
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.
Charles Frederick Watts was a member of the British Union of Fascists who was interned during the Second World War.
