Detained And Denied In Afghanistan
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Detained And Denied In Afghanistan
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Author : Daphne Eviatar
language : en
Publisher:
Release Date : 2011-05-01
Detained And Denied In Afghanistan written by Daphne Eviatar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-01 with Law categories.
After many years of completely denying detainees in Afghanistan the opportunity to defend themselves against arbitrary detention, the United States government has finally implemented a hearing process that allows detainees to hear the charges against them and to make a statement in their own defense. While a significant improvement, these new hearings fall short of minimum standards of due process required by international law. Only by providing detainees in Afghanistan an opportunity to defend themselves in a meaningful manner with the assistance of legal counsel and the opportunity to confront witnesses and the evidence against them can the United States ensure that it is imprisoning the right people. Moreover, only by providing real due process, and demonstrating by example what due process requires, can the United States expect to win the trust and respect of the Afghan people, who see themselves as vulnerable to U.S. military power. The United States' goal of helping Afghanistan improve its justice system is an important and laudable one. In the long term, it will help stabilize the country by encouraging Afghans' respect for their government and trust in their government institutions to protect them. Improving the administration of justice in national security cases will also directly help to ensure that violent insurgents remain incarcerated and cannot threaten Afghan national security. Even after the United States withdraws the bulk of its troops from Afghanistan, ongoing support for its fledgling justice system will be necessary, and critical to the country's stable development. Human Rights First urges the United States government to take a long-term view of the problem and to commit to civilian assistance for Afghan judges, lawyers and legal institutions far into the future.
Detained Denied Deported
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Author :
language : en
Publisher: Europe & Central Asia
Release Date : 1989
Detained Denied Deported written by and has been published by Europe & Central Asia this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
Contents.
Enduring Freedom
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Author : Human Rights Watch (Organization)
language : en
Publisher: Human Rights Watch
Release Date : 2004
Enduring Freedom written by Human Rights Watch (Organization) and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
Background : "Operation Enduring Freedom" -- Violations by U.S. forces -- International legal context -- Conclusions -- Recommendations -- Appendix : U.S. criticisms of mistreatment and torture practices -- Acknowledgments.
Detained Denied Deported
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Author :
language : en
Publisher: Human Rights Watch
Release Date : 1989
Detained Denied Deported written by and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
Contents.
Detention Of Non State Actors Engaged In Hostilities
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Author : Gregory Rose
language : en
Publisher: BRILL
Release Date : 2016-08-11
Detention Of Non State Actors Engaged In Hostilities written by Gregory Rose and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-11 with Law categories.
In Detention of Non-State Actors engaged in Hostilities: The Future Law Rose and Oswald explore the armed forces’ international legal obligations for management of detainees who are insurgents, saboteurs or terrorists in asymmetrical armed conflicts.
Detention And Denial
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Author : Benjamin Wittes
language : en
Publisher: Rowman & Littlefield
Release Date : 2011-01-01
Detention And Denial written by Benjamin Wittes and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
"Our current stalemate over detention serves nobody—not the military or any other component of the U.S. government that has to operate overseas.... It is a system that no rational combination of values or strategic considerations would have produced; it could have emerged only as a consequence of a clash of interests that produced a clear victory for nobody."—from the Introduction Benjamin Wittes issues a persuasive call for greater coherence, clarity, and public candor from the American government regarding its detention policy and practices, and greater citizen awareness of the same. In Detention and Denial, he illustrates how U.S. detention policy is a tangle of obfuscation rather than a serious set of moral and legal decisions. Far from sharpening focus and defining clear parameters for action, it sends mixed signals, muddies the legal and military waters, and produces perverse incentives. Its random operation makes a mockery of the human rights concerns that prompted the limited amount of legal scrutiny that detention has received to date. The government may actually be painting itself into a corner, leaving itself unable to explain or justify actions it may need to take in the future. The situation is unsustainable and must be addressed. Preventive detention is a touchy subject, an easy target for eager-to-please candidates and indignant media, so public officials remain largely mum on the issue. Many Americans would be surprised to learn that no broad principle in American jurisprudence actually prohibits preventive detention; rather, the law "eschews it except when legislatures and courts deem it necessary to prevent grave public harm." But the habeas corpus legal cases that have come out of the Guantánamo Bay detentionfacility—which remains open, despite popular expectations to the contrary—have addressed only a small slice of the overall issue and have not—and will not—produce a coherent body of policy. U.S. government and security forces need clear and consistent application of their detention policies, and Americans must be better informed about them. To that end, Wittes critiques America's current muddled detention policies and sets forth a detention policy based on candor. It would set clear rules and distinguish several types of detention, based on characteristics of the detainees themselves rather than where they were captured. Congress would follow steps to "devise a coherent policy to regulate the U.S. system of detention, a system that the country cannot avoid developing."
Detention In Non International Armed Conflict
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Author : Lawrence Hill-Cawthorne
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Detention In Non International Armed Conflict written by Lawrence Hill-Cawthorne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Law categories.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
The War Against Civilians
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Author : Vasja Badalič
language : en
Publisher: Springer
Release Date : 2019-04-16
The War Against Civilians written by Vasja Badalič and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-16 with Social Science categories.
This book provides a critical analysis of how the “war on terror” affected the civilian population in Afghanistan and Pakistan. This “forgotten war,” which started in 2001 with the US-led invasion of Afghanistan, has seen more than 212,000 people killed in war-related incidents. Whilst most of the news media shifted their attention to other conflict zones, this war rages on. Badalič has amassed a vast amount of data on the civilian victims of war from both sides of the Durand line, the border between Afghanistan and Pakistan. He conducted interviews in Peshawar, Quetta, Islamabad, Kabul, Jalalabad, and many other cities and villages from 2008 to 2017. His data is mostly drawn from those extensive conversations held with civilian victims of war, Afghan and Pakistani officials, human-rights activists and members of the insurgency. The book is divided into three parts. The first examines the impact the US-led coalition, Afghan security forces and paramilitary groups had on civilians, with methods of combat such as drone strikes and kill-or-capture missions. The second part focuses on civilian victims of abuses of power by Pakistani security forces, including arbitrary detentions and forced disappearances. In the final part, Badalič explores the impact of unlawful practices used by the armed insurgency – the Afghan Taliban. Overall, the book seeks to tell the story of the civilian victims of the “War on Terror".
No Forgiveness For People Like You
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Author : Patricia Gossman
language : en
Publisher:
Release Date : 2021-11-30
No Forgiveness For People Like You written by Patricia Gossman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-30 with Disappeared persons categories.
"Since taking power on August 15, 2021, Taliban forces in Afghanistan have carried out summary executions and enforced disappearances of former members of the Afghan security forces and civilian government--more than 100 in four provinces alone. [This report] documents the killing or enforced disappearance of 47 former members of the Afghan National Security Forces (ANSF)--military personnel, police, intelligence service members, and militia forces--who had surrendered to or were apprehended by Taliban forces between August 15 and October 31, 2021.... These abuses have taken place despite the Taliban's announced amnesty for former government civilian and military officials and reassurances from the Taliban leadership that they would hold their forces accountable for violations of the amnesty order. Increasing evidence suggests that such abuses have continued under the orders or with the knowledge of senior Taliban commanders at the district or provincial level."--Page 4 of cover.
Constitutionalism Across Borders In The Struggle Against Terrorism
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Author : Federico Fabbrini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Constitutionalism Across Borders In The Struggle Against Terrorism written by Federico Fabbrini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.