Preventive Detention: International Standards, European Practice, and the Argentine Drift
by Alessandro Amicarelli — Preventive detention occupies a precise place in international law. It is conceived as an exceptional measure, justified only when strictly necessary, and surrounded by safeguards that protect the presumption of innocence. The International Covenant on Civil and Political Rights affirms that deprivation of liberty before trial must be used sparingly and only when alternatives are not available. The United Nations Human Rights Committee has repeatedly insisted that courts must examine whether less intrusive measures can achieve the same protective purpose.