By Robert F. Kennedy Human Rights Center
Addressing arbitrary and wrongful detention through advocacy and litigation is an area of extensive expertise and experience for RFK Human Rights. In the last decade, we have worked with families of arbitrarily and wrongfully detained individuals, including US persons, to facilitate their release and return home. A central reflection from our engagements with other practitioners and family members of arbitrarily or wrongfully detained persons is that the policy and legal architecture for the United States Government (USG) response to arbitrary and wrongful detention is complex and convoluted. Despite the successes in reuniting detained individuals with family members and the positive posture of the government toward negotiations, many stakeholders believe that clarity about the role each office or agency plays in the government’s response and uniformity in the government’s engagement with the families could facilitate even more positive outcomes.
In 2023, RFK Human Rights started a project aimed at steering USG and Congress towards more decisive action to address arbitrary and wrongful detention around the world and enhancing awareness around the government’s response architecture. Through the generous support from Open Society Foundations – United States, the project included advocacy engagements with the USG, litigation before the United Nations Working Group on Arbitrary Detention (UNWGAD), and publication of the Guide for Engaging the United States Government on Arbitrary and Wrongful Detention Cases.
About the Guide
The Guide on Engaging the United States Government on Arbitrary and Wrongful Detention Cases provides clear and concise information regarding advocacy strategies and engagement with the United States Government on arbitrary and wrongful detention cases. While every case is unique, this Guide aims to ease the burden of the engagement and advocacy process by shedding light on ways that the USG can engage on these cases and offering a set of best practices for advocating before the USG to secure the victim’s release. The Guide is based on RFK Human Rights’ institutional knowledge and experience working on arbitrary and wrongful detention cases, desk research, and a large number of interviews with experts and victims of arbitrary detention.
Washington, DC; New York: Robert F. Kennedy Human Rights, 2025. 68p.