The Necessary Evil Of Preventive Detention In The War On Terror PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Necessary Evil Of Preventive Detention In The War On Terror PDF full book. Access full book title The Necessary Evil Of Preventive Detention In The War On Terror.
| 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 | : 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 | : 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 | : 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 | : 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.
| Author | : Miller, Seumas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 224 |
| Release | : 2021-07-31 |
| Genre | : Political Science |
| ISBN | : 1800373074 |
Download Counter-Terrorism Book in PDF, ePub and Kindle
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.
| Author | : |
| Publisher | : Cambria Press |
| Total Pages | : 274 |
| Release | : |
| Genre | : |
| ISBN | : 1621969509 |
Download Counterterrorism and the Comparative Law of Investigative Detention Book in PDF, ePub and Kindle
| Author | : Maureen Duffy |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 367 |
| Release | : 2018-02-08 |
| Genre | : Law |
| ISBN | : 150990400X |
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 | : Diane Webber |
| Publisher | : Routledge |
| Total Pages | : 266 |
| Release | : 2022-06-17 |
| Genre | : Law |
| ISBN | : 1000597938 |
Download Human Rights Law and Counter Terrorism Strategies Book in PDF, ePub and Kindle
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.
| Author | : Kent Roach |
| Publisher | : Cambridge University Press |
| Total Pages | : 493 |
| Release | : 2011-08-15 |
| Genre | : Law |
| ISBN | : 1139501380 |
Download The 9/11 Effect Book in PDF, ePub and Kindle
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.
