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Under IHL and human rights law, arbitrary detention – i.e., detention which is not foreseen by law - is prohibited. People can be considered as having been detained from the time they are apprehended/held without permission or authority to leave, until their release. Detainees cannot exercise many of their freedoms, including that of leaving the place of detention at will. Detention refers to the deprivation of liberty caused by the act of confining a person in a narrowly bounded place, under the control or with the consent of a State, or, in non-international armed conflicts, a non-State actor.

Detention is the custodial deprivation of liberty.