The Court’s reference to India’s Article 39(1)(b) declaration under Form No. 4 as the
right of arrest or detention being a ‘power conferred therein’ might be construed as
meaning that the Convention conferred the right or that the declaration conferred the
right, but that is not correct since, as noted earlier, the NCRIs and the rights of arrest
and detention declared under Article 39(1)(b) are conferred only by national law.124
124 Official Commentary, Goode (n 2) paras4.270, 4.272. The Official Commentary notes that adeclaration cannot create a non-consensual right or interest or a right of arrest or detention.