Abstract
From incommunicado confinement to extraordinary renditions, the harsh countermeasures adopted worldwide in response to the threat of terrorist attacks have profoundly undermined the basic rights of detained foreign nationals. One aspect of these controversial responses merits more attention than it has so far received: the widespread denial of timely consular access to foreign detainees suspected of terrorist activities, in breach of the Vienna Convention on Consular Relations and other binding treaty obligations.
This Article explores the erosive effect of security detentions on the universality of consular access rights. It includes a survey of bilateral consular agreements and anti-terrorism treaties, two important but often overlooked sources of authority on the contemporary understanding of consular notification and access obligations. The Article also summarizes the corrective recommendations now emerging from public inquiries, foreign service policy reviews, intelligence agencies, and human rights colloquia. This diversity of perspectives offers innovative proposals for rebuilding the essential safeguard of consular protection to meet the rigors of a new and threatening global landscape.
Recommended Citation
Mark Warren,
Rendered Meaningless? Security Detentions and the Erosion of Consular Access Rights,
38
S. Ill. U. L.J.
27
(2013).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol38/iss1/2