This article explores recent practices of States in relation to counterterrorism and armed conflict detention. Recent cases in the courts of the UK and US are drawn on to demonstrate the continued defence by those States of their administrative detention practices. Furthermore, the practice of other States in adopting new administrative detention laws as part of their counterterrorism strategies is explored. Finally, two examples of contemporary controversies are then considered to show where much of the debate is likely to be focused in the coming years, namely the use of other administrative measures short of detention, particularly assigned residence, and detentions carried out by armed groups that are supported by foreign States.

States party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.