The Logic of Exceptions and Security Logic in the International Law of Detention

Several empirical studies have shown how human rights in prison are governed by a security logic or form of reasoning. This article analyzes the relevant law in order to seeif this security logic is present in the sources of law and case law. Focusing on international prison law, understood as the law-transmission of the rights of prisoners, theauthor shows this branch of law oscillates between a wish for protection and a policy ofexceptions. Given the exceptions, which annihilate the law, and the exceptional applications of law, international prison law seems to presage practice in custody.