The Necessary Evil Of Preventive Detention In The War On Terror

Author : Stephanie Cooper Blum
Publisher : Cambria Press
Page : 292 pages
File Size : 43,9 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 : Diane Webber
Publisher : Routledge
Page : 302 pages
File Size : 50,8 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 : Claire Macken
Publisher : Routledge
Page : 233 pages
File Size : 47,5 Mb
Release : 2013-03
Category : Law
ISBN : 9781136741876

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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 : Miller, Seumas,Henschke, Adam,Feltes, Jonas Feltes
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 43,9 Mb
Release : 2021-07-31
Category : Political Science
ISBN : 9781800373075

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Counter-Terrorism by Miller, Seumas,Henschke, Adam,Feltes, Jonas Feltes Pdf

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.

Author : Anonim
Publisher : Cambria Press
Page : 274 pages
File Size : 55,8 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 9781621969501

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Counterterrorism and the Comparative Law of Investigative Detention by Anonim Pdf

Author : Maureen Duffy
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 46,9 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 : Diane Webber
Publisher : Routledge
Page : 266 pages
File Size : 52,5 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 : Kent Roach
Publisher : Cambridge University Press
Page : 493 pages
File Size : 41,9 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 : Stigall, Dan E.
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 51,6 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 : Dr. Behnam Rastegari
Publisher : Lulu.com
Page : 159 pages
File Size : 53,5 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 9781312338906

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VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH by Dr. Behnam Rastegari Pdf

Author : Weitseng Chen,Hualing Fu
Publisher : Cambridge University Press
Page : 409 pages
File Size : 54,6 Mb
Release : 2020-07-16
Category : Business & Economics
ISBN : 9781108496681

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Authoritarian Legality in Asia by Weitseng Chen,Hualing Fu Pdf

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Author : Nadav Morag
Publisher : John Wiley & Sons
Page : 371 pages
File Size : 40,8 Mb
Release : 2011-09-19
Category : Technology & Engineering
ISBN : 9781118048276

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Comparative Homeland Security by Nadav Morag Pdf

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.

Author : Alan M. Dershowitz
Publisher : All Points Books
Page : 288 pages
File Size : 51,8 Mb
Release : 2019-09-03
Category : Political Science
ISBN : 9781250179975

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Defending Israel by Alan M. Dershowitz Pdf

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.

Author : Andrew Ashworth,Lucia Zedner
Publisher : OUP Oxford
Page : 310 pages
File Size : 41,9 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191021046

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Preventive Justice by Andrew Ashworth,Lucia Zedner Pdf

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'.

Author : Mark S. Hamm
Publisher : DIANE Publishing
Page : 258 pages
File Size : 43,6 Mb
Release : 2011
Category : Political Science
ISBN : 9781437929591

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Crimes Committed by Terrorist Groups by Mark S. Hamm Pdf

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.