By Lara Kajs
Thinking Out Loud
This piece explores the growing use of wrongful detention by states as a tool of political leverage, focusing on American citizens held abroad in countries with strained relations with the United States. Through high-profile and lesser-known cases, it examines the legal, diplomatic, and moral complexities surrounding detainee designations and prisoner exchanges. It considers the broader implications for U.S. foreign policy, accountability, and the protection of citizens overseas.
It may come as a surprise that most Americans imprisoned abroad are not held by terrorist groups, but by foreign governments. In many cases, these detentions occur in countries where relations with the United States are strained or adversarial.
The term “wrongfully detained” refers to individuals held without a legitimate legal basis, often in violation of due process and fundamental rights, including access to legal representation, communication with family, and freedom of movement.
According to the U.S. State Department, dozens of American citizens are currently detained under such conditions. For their families, the process of securing release is often slow, opaque, and deeply uncertain. In many cases, detainees become leverage in broader political negotiations.
A High-Profile Case
In February 2022, Brittney Griner was detained at a Russian airport after authorities reported finding vape cartridges containing cannabis oil in her luggage. Her detention occurred just days before Russia invaded Ukraine, adding a geopolitical dimension to her case.
In May, the U.S. government formally designated Griner as wrongfully detained, transferring responsibility for her case to the Office of the Special Presidential Envoy for Hostage Affairs. This designation reflects the assessment that her detention extends beyond a standard legal matter.
Following trial proceedings, Griner was sentenced to nine years in prison. Her case has prompted ongoing discussions about the possibility of a prisoner exchange, underscoring the broader challenges of negotiating such releases.
The Complexity of Prisoner Exchanges
Prisoner exchanges are not new, but they are often fraught with legal and moral complexity. While historically viewed as a pragmatic means of securing release, such exchanges raise difficult questions—particularly when individuals detained without cause are exchanged for those convicted of serious crimes.
In Griner’s case, discussions reportedly involved Viktor Bout, a convicted arms trafficker serving a sentence in the United States. These scenarios highlight the tension between securing the return of detained citizens and the potential consequences of releasing individuals with significant criminal histories.
A Pattern Across Countries
Griner’s case is not unique.
Jason Rezaian, an Iranian-American journalist, was detained in Iran for 18 months on charges of espionage before being released as part of a prisoner exchange. Also in Iran, Emad Shargi was sentenced to ten years on espionage charges, without what observers consider a fair and transparent legal process.
In Venezuela, six American oil executives—commonly referred to as the “Citgo 6”—have been held for years following their detention on charges widely viewed as politically motivated.
And in Myanmar, journalist Danny Fenster was detained during the 2021 military coup and later released following diplomatic intervention.
These cases reflect a broader pattern: detention used as a tool of statecraft.
Policy and Responsibility
One argument often raised is that negotiating for the release of wrongfully detained citizens may incentivize future detentions. While this concern is not without merit, it must be weighed against governments’ responsibility to protect their citizens abroad.
Once a detention is formally recognized as wrongful, it shifts from a legal matter to a policy priority.
The challenge lies in balancing immediate humanitarian concerns with long-term strategic consequences.
Once a detention is deemed wrongful, it becomes a matter of policy—not just law.”
An Ongoing Dilemma
Wrongful detention sits at the intersection of law, diplomacy, and politics. It exposes the limits of legal protections when state interests intervene and highlights the uneven application of international norms.
For those detained—and for their families—the issue is not abstract. It is immediate and personal.
The broader question remains unresolved: how far should governments go, and at what cost, to bring their citizens home?
Published 2 August 2022
Photo Credit: Brittney Griner during the Minnesota Lynx vs Phoenix Mercury at Target Centre in Minneapolis, MN on July 14, 2019: the Lynx won the game 75-62. Photo by Lorie Shaull
About Thinking Out Loud
Thinking Out Loud is a commentary series by Lara Kajs examining international law, humanitarian crises, and the prevention of mass atrocities. Drawing on field experience in conflict and displacement settings, the column explores the legal and policy challenges that shape contemporary conflicts
About the Author
Lara Kajs is the founder and executive director of The Genocide Report, a Washington, DC-based educational nonprofit focused on atrocity prevention and international law. She is the author of several field-based books on conflict, displacement, humanitarian crises, and international humanitarian law, drawing on extensive research and field experience in Yemen, Syria, and Afghanistan. Her writing and public speaking focus on atrocity crimes, forced displacement, the protection of civilians, and the legal frameworks governing armed conflict.