Terror Detentions And The Rule Of Law PDF Download
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Author | : Robert Hall Wagstaff |
Publisher | : |
Total Pages | : 401 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199301557 |
Download Terror Detentions and the Rule of Law Book in PDF, ePub and Kindle
After the 9/11 terrorist attacks, the United States and the United Kingdom detained 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 the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.
Author | : Aniceto Masferrer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 354 |
Release | : 2013-09-30 |
Genre | : Political Science |
ISBN | : 178195447X |
Download Counter-Terrorism, Human Rights and the Rule of Law Book in PDF, ePub and Kindle
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) |
Publisher | : |
Total Pages | : 280 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
Download The Legal, Moral, and National Security Consequences of "prolonged Detention" Book in PDF, ePub and Kindle
Author | : Fiona de Londras |
Publisher | : Cambridge University Press |
Total Pages | : 327 |
Release | : 2011-07-28 |
Genre | : Political Science |
ISBN | : 1139500031 |
Download Detention in the 'War on Terror' Book in PDF, ePub and Kindle
In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
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 | : Maureen T. Duffy |
Publisher | : |
Total Pages | : 234 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : |
Download The U.S. Immigration Detentions in the War on Terror Book in PDF, ePub and Kindle
"The factual and legal scenarios in this area have been changing at a rapid rate, and they will certainly continue to change. Those constant changes have presented a special challenge in writing this thesis. The facts and legal scenarios described herein, therefore, are current as of January 31, 2005." --
Author | : |
Publisher | : |
Total Pages | : 248 |
Release | : 2009 |
Genre | : Admissible evidence |
ISBN | : |
Download The Rule of Law & the Global War on Terrorism Book in PDF, ePub and Kindle
Author | : Amnesty International |
Publisher | : |
Total Pages | : 12 |
Release | : 2004 |
Genre | : Detention of persons |
ISBN | : |
Download United States of America--undermining Security Book in PDF, ePub and Kindle
Author | : Wayne McCormack |
Publisher | : LexisNexis/Matthew Bender |
Total Pages | : 728 |
Release | : 2008 |
Genre | : Terrorism |
ISBN | : |
Download Legal Responses to Terrorism Book in PDF, ePub and Kindle
View or download the 2011 Online Supplement for this product. The Second Edition of this book deals with many developments occasioned by the so-called "war on terror" of the last few years. It provides the bases for using the legal tools available for combating terrorism (prosecution, intelligence, and military action) while addressing the limits that ought to be applied to each of those within the framework of the rule of law. This edition necessarily deals with unauthorized surveillance, the torture controversy, targeted killings, and military detentions. To advance the rule of law while promoting security of the populace, the book addresses these areas: Investigation, apprehension, and prosecution of alleged terrorism incidents, extraterritorial enforcement of U.S. law, and prosecution of material support for terrorism; Development of the international law of war and international criminal law as they might apply in both prosecution and defense of alleged terrorists; The need of government for information with all that need implies: intelligence gathering, surveillance, controls on interrogation techniques, government secrecy, ethnic profiling, rights of privacy, and civil liberties; and Military and executive detentions without trial and the operation of military tribunals. The book concludes with opinions from the Supreme Court of Israel, the U.K. House of Lords, and the Supreme Court of Canada that focus explicitly on claims for emergency power to derogate civil liberties. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author | : Benjamin Wittes |
Publisher | : Penguin |
Total Pages | : 324 |
Release | : 2008-06-19 |
Genre | : Political Science |
ISBN | : 1440632847 |
Download Law and the Long War Book in PDF, ePub and Kindle
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.