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Courts And Terrorism
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Book Synopsis Courts and Terrorism by : Mary L. Volcansek
Download or read book Courts and Terrorism written by Mary L. Volcansek and published by Cambridge University Press. This book was released on 2010-11-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
Book Synopsis Terror in the Balance by : Eric A. Posner
Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Book Synopsis Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by : Ana Salinas de Frias
Download or read book Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Book Synopsis In Pursuit of Justice by : Richard B. Zabel
Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Book Synopsis Counter-terrorism and human rights in the case law of the European Court of Human Rights by : Ana Salinas de Frias
Download or read book Counter-terrorism and human rights in the case law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Book Synopsis Courts and Terrorism by : Mary L. Volcansek
Download or read book Courts and Terrorism written by Mary L. Volcansek and published by Cambridge University Press. This book was released on 2010-11-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to nacro-trafficking, domestic terrorism, and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
Book Synopsis Judicial Review of National Security by : David Scharia
Download or read book Judicial Review of National Security written by David Scharia and published by Oxford University Press, USA. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
Book Synopsis Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order by : Md Saiful Karim
Download or read book Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order written by Md Saiful Karim and published by BRILL. This book was released on 2016-10-05 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.
Book Synopsis Research Handbook on International Law and Terrorism by : Ben Saul
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Book Synopsis Critical Debates on Counter-Terrorism Judicial Review by : Fergal F. Davis
Download or read book Critical Debates on Counter-Terrorism Judicial Review written by Fergal F. Davis and published by Cambridge University Press. This book was released on 2014-10-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.
Book Synopsis Military Tribunals and Presidential Power by : Louis Fisher
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Book Synopsis Guantánamo and Beyond by : Fionnuala Ni Aoláin
Download or read book Guantánamo and Beyond written by Fionnuala Ni Aoláin and published by Cambridge University Press. This book was released on 2013-08-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer
Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Book Synopsis Domestic Terrorism by : United States. General Accounting Office
Download or read book Domestic Terrorism written by United States. General Accounting Office and published by . This book was released on 1988 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a congressional request, GAO provided information on current efforts to protect against domestic terrorism in federal court buildings and mass transit systems.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher : ISBN 13 : Total Pages :256 pages Book Rating :4.F/5 ( download)
Book Synopsis Antiterrorism Act of 1990 by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Download or read book Antiterrorism Act of 1990 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1991 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equal Justice in the Balance by : Raneta Lawson Mack
Download or read book Equal Justice in the Balance written by Raneta Lawson Mack and published by University of Michigan Press. This book was released on 2009-11-11 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air." -Michael Ratner, President, Center for Constitutional Rights, from the foreword "A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks." -Michael P. Scharf, Case Western Reserve University School of Law With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11. The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system. While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.
