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Detention Of Suspected International Terrorists
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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 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
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 Pretrial and Preventive Detention of Suspected Terrorists by : Doug Cassel
Download or read book Pretrial and Preventive Detention of Suspected Terrorists written by Doug Cassel and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, even with these safeguards, preventive detention for security purposes is generally not permitted, unless a State in time of national emergency formally derogates from its obligation to respect the right to liberty under the European Convention on Human Rights. The Article concludes that if preventive detention of suspected terrorists for security purposes is to be allowed at all, its inherent danger to liberty must be appreciated, its use kept to an absolute minimum, and the European model should be followed, that is, such detention should be permitted only by formal derogation in time of national emergency, and then only to the extent and for the time strictly required.
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 302 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 Detention in the 'War on Terror' by : Fiona de Londras
Download or read book Detention in the 'War on Terror' written by Fiona de Londras and published by Cambridge University Press. This book was released on 2011-07-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
Book Synopsis Terror Detentions and the Rule of Law by : Robert Hall Wagstaff
Download or read book Terror Detentions and the Rule of Law written by Robert Hall Wagstaff and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.
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 Detention of Suspected International Terrorists by : Madeleine Shaw
Download or read book Detention of Suspected International Terrorists written by Madeleine Shaw and published by . This book was released on 2002 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Due Process and International Terrorism by : Roza Pati
Download or read book Due Process and International Terrorism written by Roza Pati and published by BRILL. This book was released on 2009-11-23 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Book Synopsis Documents Relating to the Detention of Suspected Terrorists in Aden by :
Download or read book Documents Relating to the Detention of Suspected Terrorists in Aden written by and published by . This book was released on 1966 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Suspected Terrorists and the Due Process Rights by : Wilmah Moraa Isaboke
Download or read book Suspected Terrorists and the Due Process Rights written by Wilmah Moraa Isaboke and published by . This book was released on 2012 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the present research is to analyse whetherSuspected detained terrorists have the right to enjoy the protection of minimum standards of due process rights as provided by national and international legal instruments in this era where combating terrorism has become the corner stone of every States national security concern. The thesis specifically underakes a comparative study of detained suspects due process rights: right to information, right to counsel and the use of hearsay evidence in the United kingdom and Israel under their terrorisim control legislations that allow administative detention.Therefore it shall look at the provided rights in light of the treatment accorded to them under administrative detention. With the complexities of terrorism and the right of States to protect their nationals and territories, application of and enjoyment of due process rights of those suspected have come under abuse and criticisms as a result of States propounding the impossibility of subjecting these suspects under the protection of those guarantees provided by the normal criminal systems.Thus, the thesis maintains that terrorist suspects like any other suspects have the right to benefit from due process rights and further, there is no need to introduce new systems with safegurads there with that infringe on their rights, for the old fashioned criminal system is sufficient enough to oversee the administration of justice for any typr of crime. The research upholds that the criminal justice system needs no alterations and even if the claim is otherwise for terrorist cases, the reccomendation advocated for is to maintain and respect the due process rights herein researched and other human rights of suspected terrorists.
Book Synopsis Protection of Terrorism Suspects Under International Humanitarian Law by : Prosper Tegamaisho
Download or read book Protection of Terrorism Suspects Under International Humanitarian Law written by Prosper Tegamaisho and published by LAP Lambert Academic Publishing. This book was released on 2010-11 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the protection of terrorism suspects under International Humanitarian Law. This study makes Guantanamo Bay in Cuba a case study. The central themes of this study is the question on whether Guantanamo bay detainees are entitled for prisoners of war status or and also this study deals with the legal position for detainees suspected of terrorism acts during peacetime. These are main issues the field study has attempted to address. The study has revealed that every component of the war on terrorism , every situation in which persons held in Guantánamo were involved and every individual detained there has to be qualified separately. Many persons held in Guantánamo are not at all covered by international humanitarian law (IHL). Others benefit from the fundamental guarantees of International Humanitarian Law of non-international armed conflicts, which do not offer a legal basis for their detention an issue dealt with by domestic law. The study has also shown that those persons who were arrested in Afghanistan are protected by International Humanitarian Law of international armed conflicts..
Book Synopsis Counter-Terrorism and International Law by : Katja L.H. Samuel
Download or read book Counter-Terrorism and International Law written by Katja L.H. Samuel and published by Routledge. This book was released on 2017-03-02 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
Book Synopsis Detention Under International Law by : Kristen Boon
Download or read book Detention Under International Law written by Kristen Boon and published by Terrorism: Commentary on Secur. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.
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 United Kingdom: Pre-charge Detention for Terrorist Suspects by : Clare Feikert-Ahalt
Download or read book United Kingdom: Pre-charge Detention for Terrorist Suspects written by Clare Feikert-Ahalt and published by . This book was released on 2008 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Kingdom has faced the issue of terrorism for several decades. It has more recently faced the issue of legislating against the terrorist threat whilst complying with the European Convention on Human Rights. One of the UK's anti-terrorism measures is the pre-charge detention of terrorist suspects for up to twenty eight days without charge. During the summer of 2008 the government attempted to further extend this period to forty two days, but were ultimately unsuccessful. The continued efforts of the government to protect the national security of the UK whilst protecting the civil liberties of its citizens is an ongoing struggle with no clear solution.
Download or read book United Kingdom written by Mark Elliott and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Detention without trial of suspected international terrorists-compatibility with European Convention on Human Rights-powers of U.K. courts under Human Rights Act 1998.
