The Terror Courts
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The Terror Courts
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Author : Jess Bravin
language : en
Publisher: Yale University Press
Release Date : 2013-02-19
The Terror Courts written by Jess Bravin and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-19 with History categories.
Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
Courts Of Terror
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Author : Telford Taylor
language : en
Publisher:
Release Date : 1976
Courts Of Terror written by Telford Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with categories.
Terror Trials
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Author : Mayur R. Suresh
language : en
Publisher: Fordham Univ Press
Release Date : 2023-01-17
Terror Trials written by Mayur R. Suresh and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-17 with Social Science categories.
An ethnography of terrorism trials in Delhi, India, this book explores what modes of life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.
Critical Debates On Counter Terrorism Judicial Review
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Author : Fergal F. Davis
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-02
Critical Debates On Counter Terrorism Judicial Review written by Fergal F. Davis 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 2014-10-02 with Law categories.
An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.
The War In Court
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Author : Lisa Hajjar
language : en
Publisher: Univ of California Press
Release Date : 2022-10-18
The War In Court written by Lisa Hajjar and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-18 with History categories.
How hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. In The War in Court, sociologist Lisa Hajjar traces the fight against US torture policy by lawyers who brought the "war on terror" into courts. Their victories, though few and far between, forced the government to change the way prisoners were treated and focused attention on state crimes perpetrated in the shadows. If not for these lawyers and their allies, US torture would have gone unchallenged because elected officials and the American public, with a few exceptions, did nothing to oppose it. This war in court has been fought to defend the principle that there is no legal right to torture. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.
Terror Detentions And The Rule Of Law
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Author : Robert Hall Wagstaff
language : en
Publisher: Terrorism and Global Justice
Release Date : 2014
Terror Detentions And The Rule Of Law written by Robert Hall Wagstaff and has been published by Terrorism and Global Justice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Wagstaff describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context.
The National Security Court System
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Author : Glenn Sulmasy
language : en
Publisher: Oxford University Press
Release Date : 2009-08-06
The National Security Court System written by Glenn Sulmasy 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 2009-08-06 with Law categories.
The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.
Terror In The Balance
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Author : Eric A. Posner
language : en
Publisher: Oxford University Press
Release Date : 2007-01-04
Terror In The Balance written by Eric A. Posner 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 2007-01-04 with Law categories.
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights
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Author : Ana Salinas de Frias
language : en
Publisher: Council of Europe
Release Date : 2013-04-01
Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights written by Ana Salinas de Frias and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-01 with Political Science categories.
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Courts And Terrorism
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Author : Mary L. Volcansek
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-22
Courts And Terrorism written by Mary L. Volcansek 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 2010-11-22 with Law categories.
Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.