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Author : Anonim
Publisher : Cambria Press
Page : 274 pages
File Size : 54,9 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 9781621969501
Author : Stigall, Dan E.
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 52,9 Mb
Release : 2021-09-10
Category : Law
ISBN : 9781800887183
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 : Dan E. Stigall
Publisher : Unknown
Page : 273 pages
File Size : 42,8 Mb
Release : 2014-05-14
Category : LAW
ISBN : 1624992005
"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
Author : Dan E. Stigall
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 54,8 Mb
Release : 2021-09-07
Category : Electronic
ISBN : 1800887175
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.
Author : Ana María Salinas de Frías,Katja Samuel,Nigel White
Publisher : OUP Oxford
Page : 1232 pages
File Size : 52,7 Mb
Release : 2012-01-19
Category : Law
ISBN : 9780199608928
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 : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 47,6 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781316381090
Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Author : Claire Macken
Publisher : Routledge
Page : 295 pages
File Size : 54,5 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136741869
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 : Diane Webber
Publisher : Routledge
Page : 326 pages
File Size : 41,8 Mb
Release : 2016-01-08
Category : Law
ISBN : 9781317385493
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 : Andrew Lynch,Nicola McGarrity,George Williams
Publisher : Routledge
Page : 256 pages
File Size : 54,6 Mb
Release : 2010-06-10
Category : Law
ISBN : 9781136958540
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.
Author : Christopher E. Bailey
Publisher : BRILL
Page : 343 pages
File Size : 49,6 Mb
Release : 2019-02-14
Category : Law
ISBN : 9789004389892
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.
Author : Diane Webber
Publisher : Routledge
Page : 266 pages
File Size : 48,9 Mb
Release : 2022-06-17
Category : Law
ISBN : 9781000597936
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 : Senate Select Committee On Intelligence
Publisher : Melville House
Page : 672 pages
File Size : 50,5 Mb
Release : 2020-02-18
Category : Political Science
ISBN : 9781612198477
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.
Author : Larissa J. Herik,Nico Schrijver
Publisher : Cambridge University Press
Page : 799 pages
File Size : 47,5 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781107025387
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Author : Shimels Sisay Belete
Publisher : PubliQation
Page : 506 pages
File Size : 44,7 Mb
Release : 2018-11-05
Category : Law
ISBN : 9783745869965
Particularly in the aftermath of the 9/11 terrorist attack, the threat of terrorism, however, defined, has been invoked as a common ‘justification’ in the pursuit of remodelling policies, laws, and institutions, both at the international and in the domestic politico-legal showground. The broader central theme that this book explores is the normative vibe under which the present-day counterterrorism discourse is construed and sculpted in the legislative and institutional structures of an authoritarian state where the political power and government institutions are functioning under a single-party-monopolised system. Presenting the Ethiopian legislative and institutional frameworks as a case study, the book critically reflects on the extent that the international legal and/or institutional counterterrorism response is sensitised in a manner lessening the risk of conflating authoritarian regime’s unbearable reactions to citizens’ legitimate demands and resistances against its repression vis-àvis that of its response to the common threat of international terrorism. In particular, the book ponders whether or not the range of the substantive and procedural aspects of the Ethiopian antiterrorism legislative and institutional frameworks are wrought to fit into the main objectives and standards that emanate from the pertinent international laws relating to terrorism and the international human rights law as well as the domestic constitutional law maxims.
Author : Jon Unruh,Rhodri Williams
Publisher : Routledge
Page : 539 pages
File Size : 54,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781136536625
Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.
