Julian Assange, the UN and the limits of Detention

Kampmark, B 2018, 'Julian Assange, the UN and the limits of Detention', Theory in Action, vol. 11, no. 1, pp. 57-78.


Document type: Journal Article
Collection: Journal Articles

Title Julian Assange, the UN and the limits of Detention
Author(s) Kampmark, B
Year 2018
Journal name Theory in Action
Volume number 11
Issue number 1
Start page 57
End page 78
Total pages 22
Publisher Transformative Studies Institute
Abstract The idea of arbitrary detention and how it violates various international protocols is a pressing theme of international juridical and philosophical opinion. Such conduct is an expression of unjustified political control by States over citizens, and speaks to the ever present dangers of power unwatched and unregulated. The political prisoner remains the classic figure of this enterprise, both a target and a threat. What is less examined in this regard is how that control manifests itself, a matter that has proven to be a far more complex affair. This paper examines that debate by looking at the case of Julian Assange and his claim that he is being arbitrarily detained in the Ecuadorean embassy in London. The legal claim that he is not is critiqued as being unduly positivist and in need of correction, referring to the findings of the UN Working Group on Arbitrary Detention in February 2015.
Subject Human Rights Law
History of Ideas
Keyword(s) Arbitrary Detention
Legal Positivism
Julian Assange
DOI - identifier 10.3798/tia.1937-0237.1804
Copyright notice © 2018 Transformative Studies Institute. All rights reserved.
ISSN 1937-0229
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