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Counterterrorism And The Comparative Law Of Investigative Detention
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Book Synopsis Counterterrorism and Investigative Detention by : Stigall, Dan E.
Download or read book Counterterrorism and Investigative Detention written by Stigall, Dan E. and published by Edward Elgar Publishing. This book was released on 2021-09-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Book Synopsis Counterterrorism and the Comparative Law of Investigative Detention by :
Download or read book Counterterrorism and the Comparative Law of Investigative Detention written by and published by Cambria Press. This book was released on with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Counterterrorism and the Comparative Law of Investigative Detention by : Dan E. Stigall
Download or read book Counterterrorism and the Comparative Law of Investigative Detention written by Dan E. Stigall and published by . This book was released on 2014-05-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah
Book Synopsis Counterterrorism and Investigative Detention by : Dan E. Stigall
Download or read book Counterterrorism and Investigative Detention written by Dan E. Stigall and published by Edward Elgar Publishing. This book was released on 2021-09-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems. The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat. This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.
Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach
Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Book Synopsis Counter-Terrorism and Beyond by : Andrew Lynch
Download or read book Counter-Terrorism and Beyond written by Andrew Lynch and published by Routledge. This book was released on 2010-06-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
Book Synopsis Counter-Terrorism by : Ana María Salinas de Frías
Download or read book Counter-Terrorism written by Ana María Salinas de Frías and published by OUP Oxford. This book was released on 2012-01-19 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Book Synopsis The Senate Intelligence Committee Report on Torture (Academic Edition) by : Senate Select Committee On Intelligence
Download or read book The Senate Intelligence Committee Report on Torture (Academic Edition) written by Senate Select Committee On Intelligence and published by Melville House. This book was released on 2020-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.
Book Synopsis Legislating the War on Terror by : Benjamin Wittes
Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
Book Synopsis Counter-Terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik
Download or read book Counter-Terrorism Strategies in a Fragmented International Legal Order written by Larissa J. Herik and published by Cambridge University Press. This book was released on 2013-07-18 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the relationship between different branches of international law and their applicability to terrorism.
Book Synopsis Counter-terrorism and the Detention of Suspected Terrorists by : Claire Macken
Download or read book Counter-terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Book Synopsis Preventive Detention of Terror Suspects by : Diane Webber
Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by Routledge. This book was released on 2016-01-08 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Book Synopsis The Santillana Codes by : Dan E. Stigall
Download or read book The Santillana Codes written by Dan E. Stigall and published by Lexington Books. This book was released on 2017-10-11 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative legal analysis of the civil codes in force in Tunisia, Morocco, and Mauritania. The book also imparts insight into the work and life of the principal author of the Tunisian code— a Jewish man of Tunisian origin named David Santillana.
Book Synopsis Counterterrorism Law and Practice in the East African Community by : Christopher E. Bailey
Download or read book Counterterrorism Law and Practice in the East African Community written by Christopher E. Bailey and published by BRILL. This book was released on 2019-02-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of counter-terrorism law and practice in the East African Community, including compliance with international human rights and humanitarian law. Bailey offers legal reform recommendations to achieve better compliance with international legal obligations.
Book Synopsis The Harbinger Theory by : Robert Diab
Download or read book The Harbinger Theory written by Robert Diab and published by Oxford University Press. This book was released on 2015-03-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.
Book Synopsis Handbook on Criminal Justice Responses to Terrorism by :
Download or read book Handbook on Criminal Justice Responses to Terrorism written by and published by United Nations Publications. This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
