Week 1 Assignment Human Rights And The Rule Of Law

Plea BargainingNameInstitutionPlea BargainingSupreme Court Justice Antonin Scalia in Hamdi v. Rumsfeld held that freedom from indefinite detention at the will of the Executive arm of the government is at the basis of the concept of liberty. Despite all human beings being guaranteed the right to liberty and security of the person, the practice by state agents to arrest and detain people without reasonable cause and any possibility of trial by an impartial judiciary is common (Donnelly, 2013). Detention without trial or indefinite detention involves denying a person his liberty rights by detaining him in jail without the possibility of trial conducted by an impartial judiciary (De Zayas, 2005). The practice is illegal in international law as Universal Declaration of Human Rights, Article 9 prohibits arbitrary detention without trial (Assembly, 1948). The International Covenant on Civil and Political Rights (ICCPR) at Article 9, also guarantees liberty rights and stipulates that the same can only be limited in accordance with the law (GT, 1997).The issue of detention without trial is relevant to human rights, rule of law and international justice