Detention of Refugees and its Compliance with International Laws: A Critical Evaluation

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.