Abstract:
The detention of refugees remains a contentious issue in international law, reflecting the tension
between state sovereignty and the protection of human rights. This paper critically evaluates the
legal frameworks governing the detention of refugees, examining their compliance with
international human rights and refugee laws, including the 1951 Refugee Convention, its 1967
Protocol, and relevant human rights instruments such as the International Covenant on Civil and
Political Rights (ICCPR). While international laws emphasize non-penalization, proportionality,
and humane treatment of refugees, state practices often deviate, citing security concerns and
administrative challenges. This study analyzes key jurisprudence, case studies, and the role of
international organizations like UNHCR in addressing these discrepancies. Furthermore, it
identifies systemic issues, including indefinite detention, lack of due process, and inadequate
conditions, as significant barriers to compliance. The paper concludes with recommendations for
harmonizing national practices with international standards, emphasizing the need for stronger
oversight mechanisms, alternative measures to detention, and enhanced international cooperation
to protect the rights of refugees while addressing legitimate state interests.
