Quote Originally Posted by Sarmatian View Post
International human rights treaties are usually signed under auspices of the UN. International treaties take precedence over domestic regulations. If an UN body says it's an arbitrary detention, then it is an arbitrary detention, whether you agree with it or not.

Like most multilateral international treaties, enforcing them is hard and often impossible. In domestic law, when something is declared illegal, it is also specified who decides if it is illegal, what are possible sanctions for the offender, how the sentence is enforced and who enforces it.

Multinational treaties usually only contain who decides if something is illegal, and sometimes not even that.

It would be like if someone committed a theft (or something else illegal), but can't be detained because the police doesn't exist, and can't be tried because there are no courts and judges, and can't be sentenced because there are no prisons.

Of course, I haven't really looked at those treaties, so I can't be 100% sure, but based on how international law works, it is safe to assume that UN are right. So, I'm going with binding but non-enforceable.
It is however not a binding treaty. A lot of non-binding things come out of the UN. Most multilateral binding treaties have systems in place to enforce the same, as for example the ECHR does, this does not, for the reason that it is not binding.

If someone commits a crime and then decides to live his life as a fugitive from justice, he is not being imprisoned. He has had a fair hearing all the way through to two Supreme courts. If he had medicated his paranoia he would be a free man today even if found guilty. But this is the same guy who refused to take an HIV test to give the women peace of mind that they did not have HIV.