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| Author | : Doug Cassel |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2008 |
| Genre | : |
| ISBN | : |
Download Pretrial and Preventive Detention of Suspected Terrorists Book in PDF, ePub and Kindle
This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, even with these safeguards, preventive detention for security purposes is generally not permitted, unless a State in time of national emergency formally derogates from its obligation to respect the right to liberty under the European Convention on Human Rights. The Article concludes that if preventive detention of suspected terrorists for security purposes is to be allowed at all, its inherent danger to liberty must be appreciated, its use kept to an absolute minimum, and the European model should be followed, that is, such detention should be permitted only by formal derogation in time of national emergency, and then only to the extent and for the time strictly required.
| Author | : Claire Macken |
| Publisher | : Routledge |
| Total Pages | : 295 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 1136741860 |
Download Counter-terrorism and the Detention of Suspected Terrorists Book in PDF, ePub and Kindle
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 |
| Total Pages | : 302 |
| Release | : 2016-01-08 |
| Genre | : Law |
| ISBN | : 1317385489 |
Download Preventive Detention of Terror Suspects Book in PDF, ePub and Kindle
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 | : Stephanie Cooper Blum |
| Publisher | : Cambria Press |
| Total Pages | : 292 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : 1604975660 |
Download The Necessary Evil of Preventive Detention in the War on Terror Book in PDF, ePub and Kindle
"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 | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism, Technology, and Homeland Security |
| Publisher | : |
| Total Pages | : 88 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
Download Tools to Fight Terrorism Book in PDF, ePub and Kindle
| Author | : Stephanie Blum |
| Publisher | : |
| Total Pages | : 233 |
| Release | : 2008 |
| Genre | : Combatants and noncombatants (International law) |
| ISBN | : |
Download Preventive Detention in the War on Terror Book in PDF, ePub and Kindle
(U) After September 11, 2001, the Bush Administration decided to detain certain individuals suspected of being members or agents of al Qaeda or the Taliban as enemy combatants and hold them indefinitely and incommunicado for the duration of the war on terror. The rationale behind this system of preventive detention is to incapacitate suspected terrorists, facilitate interrogation, and hold them when traditional criminal charges are not feasible for a variety of reasons. While the rationale for preventive detention is legitimate and the need for preventive detention real, the current Administration's approach has been reactionary, illogical, and probably unconstitutional. This thesis 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 nonpartisan methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this thesis 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. Note: This thesis was published as a book by Cambria Press in November 2008. The book is entitled The Necessary Evil of Preventive Detention in the War on Terror: a Plan for a More Moderate and Sustainable Solution. An excerpt of the thesis based on Chapter V was published by Homeland Security Affairs in October 2008 (http://www.hsaj.org/?article=4.3.1). An excerpt based on Chapters III and IV, entitled The Why and How of Preventive Detention in the War on Terror, will be published by The Thomas M. Cooley Law Review in the Spring of 2009.
| Author | : Stephanie J. D. Blum |
| Publisher | : |
| Total Pages | : 230 |
| Release | : 2008 |
| Genre | : Preventive detention |
| ISBN | : |
Download The Necessary Evil of Preventive Detention Book in PDF, ePub and Kindle
After September 11, 2001, the Bush Administration decided to detain certain individuals suspected of being members or agents of al Qaeda or the Taliban as enemy combatants and hold them indefinitely and incommunicado for the duration of the war on terror. The rationale behind this system of preventive detention is to incapacitate suspected terrorists, facilitate interrogation, and hold them when traditional criminal charges are not feasible for a variety of reasons. While the rationale for preventive detention is legitimate and the need for preventive detention is real, the current Administration's approach has been reactionary, illogical, and probably unconstitutional. This paper explores the underlying rationales for preventive detention as a tool in the 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, the paper 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.
| Author | : Richard B. Zabel |
| Publisher | : |
| Total Pages | : 190 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : |
Download In Pursuit of Justice Book in PDF, ePub and Kindle
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
| Author | : |
| Publisher | : |
| Total Pages | : 59 |
| Release | : 2011 |
| Genre | : Detention of persons |
| ISBN | : 9781936133451 |
Download Pretrial Detention and Torture Book in PDF, ePub and Kindle
Torture and other ill-treatment are not aberrations; they are common--even routine--in many detention facilities around the world. And while it is often assumed that torture victims are likely to be political prisoners or suspected terrorists, most victims are ordinary people accused of ordinary crimes. In fact, it is pretrial detainees--people who have not been tried or found guilty--who are most at risk of torture. Pretrial Detention and Torture: Why Pretrial Detainees Are Most at Risk looks at the practice of torture in pretrial detention, the systemic factors that leave pretrial detainees so vulnerable, and the safeguards that are needed to prevent this abhorrent practice. By combining policy analysis, firsthand accounts, and recommendations for reform, the report shows why pretrial detainees are so at risk of torture and what can be done to stop it. It argues that torture can be deterred by steps including: holding perpetrators accountable; by refusing to admit evidence gained through torture; by allowing prisoners early access to legal counsel; and providing for independent oversight of detention facilities.
| Author | : Claire Macken |
| Publisher | : Routledge |
| Total Pages | : 233 |
| Release | : 2013-03 |
| Genre | : Law |
| ISBN | : 1136741879 |
Download Counter-terrorism and the Detention of Suspected Terrorists Book in PDF, ePub and Kindle
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.
