Counter Terrorism And The Detention Of Suspected Terrorists

Author : Claire Macken
Publisher : Routledge
Page : 295 pages
File Size : 42,6 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136741869

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Counter-terrorism and the Detention of Suspected Terrorists by Claire Macken Pdf

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.

Author : Fiona de Londras
Publisher : Cambridge University Press
Page : 327 pages
File Size : 43,9 Mb
Release : 2011-07-28
Category : Political Science
ISBN : 9781139500036

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Detention in the 'War on Terror' by Fiona de Londras Pdf

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.

Author : Diane Webber
Publisher : Routledge
Page : 302 pages
File Size : 48,8 Mb
Release : 2016-01-08
Category : Law
ISBN : 9781317385486

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Preventive Detention of Terror Suspects by Diane Webber Pdf

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.

Author : Kent Roach
Publisher : Cambridge University Press
Page : 493 pages
File Size : 42,5 Mb
Release : 2011-08-15
Category : Law
ISBN : 9781139501385

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The 9/11 Effect by Kent Roach Pdf

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.

Author : Maureen Duffy
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 42,8 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509904006

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Detention of Terrorism Suspects by Maureen Duffy Pdf

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.

Author : Ana María Salinas de Frías,Katja Samuel,Nigel White
Publisher : Oxford University Press
Page : 1229 pages
File Size : 49,7 Mb
Release : 2012-01-19
Category : Law
ISBN : 9780199608928

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Counter-Terrorism by Ana María Salinas de Frías,Katja Samuel,Nigel White Pdf

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.

Author : Stigall, Dan E.
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 49,7 Mb
Release : 2021-09-10
Category : Law
ISBN : 9781800887183

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Counterterrorism and Investigative Detention by Stigall, Dan E. Pdf

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.

Author : Katja L.H. Samuel
Publisher : Routledge
Page : 638 pages
File Size : 46,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351948166

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Counter-Terrorism and International Law by Katja L.H. Samuel Pdf

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.

Author : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 52,8 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781107057074

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Comparative Counter-Terrorism Law by Kent Roach Pdf

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

Author : Stephanie Cooper Blum
Publisher : Cambria Press
Page : 292 pages
File Size : 54,6 Mb
Release : 2008
Category : History
ISBN : 9781604975666

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The Necessary Evil of Preventive Detention in the War on Terror by Stephanie Cooper Blum Pdf

"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.

Author : David J. Whittaker
Publisher : Routledge
Page : 208 pages
File Size : 52,7 Mb
Release : 2014-06-11
Category : History
ISBN : 9781317863489

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Counter-Terrorism and Human Rights by David J. Whittaker Pdf

The ever-present threat of terrorism and the growing human-rights backlash against anti-terrorist policies are becoming ever more significant on the international stage. Constant media-coverage and public concern have characterised the debate over the last ten years. This book is a fair and objective assessment of counter-terrorist policy and human rights worldwide, and covers a wide breadth of international material. While raising key questions for reader consideration, this book aims for straight-forward consideration, leaving polemic to the reader.

Author : Amos N. Guiora
Publisher : Aspen Publishing
Page : 432 pages
File Size : 41,8 Mb
Release : 2011-03-07
Category : Political Science
ISBN : 9780735507425

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Global Perspectives on Counterterrorism by Amos N. Guiora Pdf

Amos Guiora presents an interdisciplinary and global exploration of the law, policy, intelligence gathering, and operational decisions surrounding counter-terrorism initiatives. Case studies of seven different nations: India, Israel, Russia, Spain, the United States and now, China and Colombia and their efforts to repel terrorism within their borders provide numerous opportunities for comparative analysis. Issues to Consider present actual dilemmas and scenarios in each chapter that fuel class discussion. The Second Edition extends its purview to China and Colombia in an ongoing effort to impart a broad perspective on the tactics and strategies used by different countries to combat counterterrorism. An accessible and fascinating text, Global Perspectives on Counterterrorism, Second Edition, features: a practical approach to thinking about a wide variety of issues, including interrogations, the proper forum for trying terrorists, judicial review, international law, intelligence gathering, and policy responses to terrorism simulation exercises that put students in the role of policy and decision-makers Rigorously updated, the revised Second Edition includes: a new chapter on future hotspots of terrorism and the future of counterterrorism, with a focus on Mexico and Somalia new cases, policy documents, and updated discussion of terrorism events around the world

Author : Diane Webber
Publisher : Routledge
Page : 266 pages
File Size : 48,6 Mb
Release : 2022-06-17
Category : Law
ISBN : 9781000597936

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Human Rights Law and Counter Terrorism Strategies by Diane Webber Pdf

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.

Author : Anonim
Publisher : Cambria Press
Page : 274 pages
File Size : 42,6 Mb
Release : 2024-05-23
Category : Electronic
ISBN : 9781621969501

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Counterterrorism and the Comparative Law of Investigative Detention by Anonim Pdf

Author : Daan Weggemans,Beatrice de Graaf
Publisher : Routledge
Page : 178 pages
File Size : 50,8 Mb
Release : 2017-07-14
Category : Political Science
ISBN : 9781351744874

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Reintegrating Jihadist Extremist Detainees by Daan Weggemans,Beatrice de Graaf Pdf

This book seeks to understand the processes of reintegration of former Jihadist detainees, as well as the role that the police and other frontline professionals play in this process. Over the past few decades the number of people who have been detained under the suspicion of terrorist activities has grown significantly. This has resulted in an increased scholarly interest in the topic of prisons and terrorism. However, the main focus of academic research has been on the period of incarceration with researchers paying extensive attention to the conditions under which terrorists have been detained as well as to various processes of alienation and (violent) radicalisation that sometimes take root while in prison. Much less has been written about the period after their incarceration and the steps being taken to prepare them for that transition. This book seeks to fill this gap. It argues that sentencing or incarcerating terrorism suspects is not the end of the story, but just the beginning of the next phase: a process of reintegration, or the start of a new cycle of violence. This exploratory study outlines the factors during and after detention that contribute or hinder the reintegration of those who have been incarcerated for violent extremism and terrorism. The overriding aim of this work is to facilitate further research into the radicalisation and de-radicalisation of jihadist suspects. This book will be of much interest to students of terrorism and counter-terrorism, Islamist radicalisation, criminology and security studies in general.