The need for substantive legislative and policy reform in combatting hostage-taking and wrongful detentions abroad: lessons learned from Canada’s Bill C-353 and parliamentary deliberations in Canada and Australia

Wrongfully detaining civilians has long been a tactic of nonstate actors, but in recent years, it has become increasingly normalised as a form of ‘diplomacy’ by authoritarian regimes such as Russia, China, and Iran, as well as by terrorist groups like Al Qaeda and Hamas. Despite growing awareness, many rights-respecting states have taken limited domestic action. In 2021, numerous democracies joined the Canada-led Declaration Against Arbitrary Detention in State-to-State Relations: a commendable first step, but one that must now be translated into substantive legal and policy reform. In recent parliamentary hearings in Canada and Australia, governments have been advised to adopt clearer responses. Following the precedent of Bill C-353 in Canada, rights-respecting states should take several measures to combat hostage-taking and wrongful detentions abroad. They should authorise targeted sanctions against those responsible for or complicit in wrongful detentions; ensure that families of detainees receive consistent communication, support, and psychological services; and empower ministers to offer monetary rewards and/or refugee protection to foreign nationals who help secure the release of detainees. Any legislative or policy reform must centre the lived experiences of those who have fallen victim to hostage-taking or other forms of wrongful or arbitrary detention.