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The Necessary Evil Of Preventive Detention In The War On Terror
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Book Synopsis The Necessary Evil of Preventive Detention in the War on Terror by : Stephanie Cooper Blum
Download or read book The Necessary Evil of Preventive Detention in the War on Terror written by Stephanie Cooper Blum and published by Cambria Press. This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.
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 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: 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 Counter-Terrorism by : Miller, Seumas
Download or read book Counter-Terrorism written by Miller, Seumas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides an analysis of the central ethical issues that have arisen in combatting global terrorism and, in particular, jihadist terrorist groups, notably Al Qaeda, Islamic State and their affiliates. Chapters explore the theoretical problems that arise in relation to terrorism, such as the definition of terrorism and the concept of collective responsibility, and consider specific ethical issues in counter-terrorism.
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 Terrorism Suspects by : Maureen Duffy
Download or read book Detention of Terrorism Suspects written by Maureen Duffy and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.
Book Synopsis Human Rights Law and Counter Terrorism Strategies by : Diane Webber
Download or read book Human Rights Law and Counter Terrorism Strategies written by Diane Webber and published by Routledge. This book was released on 2022-06-17 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2006, the United Nations urged Member States to ensure that counter terrorism policies guaranteed respect for human rights and the rule of law. This book demonstrates that, in many cases, counter terrorism policies relating to preventive detention, targeted killing and measures relating to returning foreign terrorist fighters have failed to respect human rights, and this encourages vulnerable people to be drawn towards supporting or committing acts of terrorism. Furthermore, in recent years, jurisprudence and public opinion in some countries have shifted from being at one stage more protective of human rights, to an acquiescence that some particularly draconian counter terrorism methods are necessary and acceptable. This book analyzes why this has happened, with a focus on the United States, United Kingdom, and Israel, and offers suggestions to address this issue. The work will be essential reading for students, academics and policy-makers working in the areas of human rights, humanitarian law, and counter terrorism.
Download or read book The 9/11 Effect written by Kent Roach and published by Cambridge University Press. This book was released on 2011-08-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
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 Authoritarian Legality in Asia by : Weitseng Chen
Download or read book Authoritarian Legality in Asia written by Weitseng Chen and published by Cambridge University Press. This book was released on 2020-07-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Book Synopsis VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH by : Dr. Behnam Rastegari
Download or read book VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH written by Dr. Behnam Rastegari and published by Lulu.com. This book was released on with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Homeland Security by : Nadav Morag
Download or read book Comparative Homeland Security written by Nadav Morag and published by John Wiley & Sons. This book was released on 2011-09-19 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Students and practitioners of Homeland Security have generally not looked beyond U.S. borders in terms of searching for solutions to existing H.S. policy problems. Comparative Homeland Security: Global Lessons examines overseas homeland security practices, allowing readers to integrate counter-terrorism, emergency response and other H.S. practices from around the world into our own policies. The book covers strategies for combatting terrorism, countering radicalization, emergency response, border and transportation security, critical infrastructure protection, public health and military support for civil authorities from a number of the world's democracies. Organized topically, the book allows scientists, policymakers, law enforcement professionals, government workers and students of H.S. to easily compare and integrate the concepts presented into practice.
Book Synopsis Crimes Committed by Terrorist Groups by : Mark S. Hamm
Download or read book Crimes Committed by Terrorist Groups written by Mark S. Hamm and published by DIANE Publishing. This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.
Book Synopsis Defending Israel by : Alan M. Dershowitz
Download or read book Defending Israel written by Alan M. Dershowitz and published by All Points Books. This book was released on 2019-09-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: World-renowned lawyer Alan Dershowitz recounts stories from his many years of defending the state of Israel. Alan Dershowitz has spent years advocating for his "most challenging client"—the state of Israel—both publicly and in private meetings with high level international figures, including every US president and Israeli leader of the past 40 years. Replete with personal insights and unreported details, Defending Israel offers a comprehensive history of modern Israel from the perspective of one of the country's most important supporters. Readers are given a rare front row seat to the high profile controversies and debates that Dershowitz was involved in over the years, even as the political tides shifted and the liberal community became increasingly critical of Israeli policies. Beyond documenting America's changing attitude toward the country, Defending Israel serves as an updated defense of the Jewish homeland on numerous points—though it also includes Dershowitz's criticisms of Israeli decisions and policies that he believes to be unwise. At a time when Jewish Americans as a whole are increasingly uncertain as to who supports Israel and who doesn't, there is no better book to turn to for answers—and a pragmatic look toward the future.
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 Preventive Justice by : Andrew Ashworth
Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Download or read book Choice written by and published by . This book was released on 2008 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
