Preventative Detention Of Terrorist Suspects In Australia And The United States PDF Download
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| Author | : Katherine Nesbitt |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
Download Preventative Detention of Terrorist Suspects in Australia and the United States Book in PDF, ePub and Kindle
Since the September 11 terrorist attacks, the United States and Australian governments have asserted that the threat of terrorism requires the adoption of preventative detention strategies to authorize the arrest and detention of terrorists before they carry out their horrific acts. The two countries' approaches to preventative detention, however, have been distinct. In the United States, the Bush Administration has adopted pretextual measures that authorized the preventative, and potentially indefinite, detention of terrorist suspects as enemy combatants or as material witnesses. In Australia, Parliament placed preventative detention directly into its Criminal Code, authorizing the imposition of preventative detention and control orders in cases of terrorism. This Article examines and compares these unique preventative detention strategies employed by the U.S. and Australia in the war on terrorism, and analyzes their constitutionality in light of the U.S. Supreme Court and Australian High Court precedent addressing administrative detention. In the United States, the Supreme Court, armed with the Bills of Rights, has been more assertive than its Australian counterpart in striking down detention schemes which authorize indefinite regulatory detention without charges. Nevertheless, the preventative detention strategies employed by the United States are far more intrusive of individual liberties than the Australian legislative model. Yet, while the Australian measures incorporate more procedural protections and safeguards from abuse than their U.S. counterpart, and therefore are the more favored approach, neither scheme is consistent with the fundamental principles and values underlying both the U.S. and Australian systems of criminal justice and due process.
| 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 | : 326 |
| Release | : 2016-01-08 |
| Genre | : Law |
| ISBN | : 1317385497 |
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 | : Maureen Duffy |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 313 |
| Release | : 2018-02-08 |
| Genre | : Law |
| ISBN | : 1509904018 |
Download Detention of Terrorism Suspects Book in PDF, ePub and Kindle
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 | : Stigall, Dan E. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2021-09-10 |
| Genre | : Law |
| ISBN | : 1800887183 |
Download Counterterrorism and Investigative Detention Book in PDF, ePub and Kindle
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 | : 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 | : 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 | : Katharine Gelber |
| Publisher | : Oxford University Press |
| Total Pages | : 206 |
| Release | : 2016-04-15 |
| Genre | : Political Science |
| ISBN | : 0191083410 |
Download Free Speech after 9/11 Book in PDF, ePub and Kindle
Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
| Author | : |
| Publisher | : United Nations Publications |
| Total Pages | : 136 |
| Release | : 2010 |
| Genre | : |
| ISBN | : 9789211562828 |
Download Handbook on Criminal Justice Responses to Terrorism Book in PDF, ePub and Kindle
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
