The Lack of Right to have Rights of Detained Stateless Persons

Pre-removal detention of de jure stateless persons suffering from absolute lack of residence rights might seem an instance of the more general problem of legal limbo and irregularity in which undeportable persons find themselves. However, while third country nationals are undeportable usually for reasons of fact (non-cooperation of the individual, non-provision of travel documents by national embassies, lack of safe transportation means), de jure stateless persons might be undeportable because they lack right to stay on any country. This paper argues that the flaw is foreseeable from the study of law as it stands and that pre-removal detention of undeportable stateless individuals is therefore not a judicial error or a bug: it is a feature of the system at odds with the very rationale of a human right regime the purpose of which is to protect all persons against, inter alios, arbitrary detention.