The Necessary Evil Of Preventive Detention In The War On Terror
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The Necessary Evil Of Preventive Detention In The War On Terror
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Author : Stephanie Cooper Blum
language : en
Publisher: Cambria Press
Release Date : 2008
The Necessary Evil Of Preventive Detention In The War On Terror written by Stephanie Cooper Blum and has been published by Cambria Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
"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.
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
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.
Counter Terrorism And The Detention Of Suspected Terrorists
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Author : Claire Macken
language : en
Publisher: Routledge
Release Date : 2013-03
Counter Terrorism And The Detention Of Suspected Terrorists written by Claire Macken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Law categories.
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
Counter Terrorism
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Author : Miller, Seumas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
Counter Terrorism written by Miller, Seumas 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 2021-07-31 with Political Science categories.
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.
Counterterrorism And The Comparative Law Of Investigative Detention
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Author :
language : en
Publisher: Cambria Press
Release Date :
Counterterrorism And The Comparative Law Of Investigative Detention written by and has been published by Cambria Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Detention Of Terrorism Suspects
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Author : Maureen Duffy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
Detention Of Terrorism Suspects written by Maureen Duffy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
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.
Human Rights Law And Counter Terrorism Strategies
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2022-06-17
Human Rights Law And Counter Terrorism Strategies written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-17 with Law categories.
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.
The 9 11 Effect
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Author : Kent Roach
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-15
The 9 11 Effect written by Kent Roach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-15 with Law categories.
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.
Counterterrorism And Investigative Detention
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Author : Stigall, Dan E.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-10
Counterterrorism And Investigative Detention written by Stigall, Dan E. 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 2021-09-10 with Law categories.
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.
Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach
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Author : Dr. Behnam Rastegari
language : en
Publisher: Lulu.com
Release Date : 2014-07-08
Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach written by Dr. Behnam Rastegari and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-08 with Law categories.
This book examines the impact of counter-terrorism measures on specific elements of international human rights that are at the greatest risk of abuse in light of contemporary counter-terrorism measures, including the right to life; the right to free from torture and cruel, inhuman or degrading treatment or punishment; the right to a fair trial; the right to privacy; and the right to liberty and security. Besides, for enrichment of discussions a number of cases have reviewed.