Preventive Detention of Terror Suspects

Written By Diane Webber
Preventive Detention of Terror Suspects
  • Publsiher : Routledge
  • Release : 08 January 2016
  • ISBN : 1317385497
  • Pages : 326 pages
  • Rating : 4/5 from 21 reviews
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Read or download book entitled Preventive Detention of Terror Suspects written by Diane Webber which was release on 08 January 2016, this book published by Routledge. Available in PDF, EPUB and Kindle Format. Book excerpt: 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.

Preventive Detention of Terror Suspects

Preventive Detention of Terror Suspects
  • Author : Diane Webber
  • Publisher : Routledge
  • Release Date : 2016-01-08
  • Total pages : 326
  • ISBN : 1317385497
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Summary : 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 ...

The Necessary Evil of Preventive Detention in the War on Terror

The Necessary Evil of Preventive Detention in the War on Terror
  • Author : Stephanie Cooper Blum
  • Publisher : Cambria Press
  • Release Date : 2008
  • Total pages : 260
  • ISBN : 1317385497
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Summary : "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 ...

Preventive Detention of Terror Suspects

Preventive Detention of Terror Suspects
  • Author : Diane Webber
  • Publisher : Routledge
  • Release Date : 2016-01-08
  • Total pages : 326
  • ISBN : 1317385497
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Summary : 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 ...

Fighting Terrorism Fairly and Effectively

Fighting Terrorism Fairly and Effectively
  • Author : Human Rights Watch
  • Publisher : Human Rights Watch
  • Release Date : 2008-11-16
  • Total pages : 212
  • ISBN : 1317385497
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Summary : Over the past seven years, the US government’s consistent disregard for human rights in fighting terrorism has diminished America’s moral authority, set a negative example for other governments, and undermined the goal of reducing anti-American militancy around the world. The use of torture, unlawful rendition, secret prisons, unfair ...

Counter terrorism and the Detention of Suspected Terrorists

Counter terrorism and the Detention of Suspected Terrorists
  • Author : Claire Macken
  • Publisher : Routledge
  • Release Date : 2013-03
  • Total pages : 233
  • ISBN : 1317385497
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Summary : 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, ...

The Right to Liberty and Security versus Counter Terrorism under International Law

The Right to Liberty and Security versus Counter Terrorism under International Law
  • Author : Shimels Sisay Belete
  • Publisher : PubliQation
  • Release Date : 2018-11-05
  • Total pages : 504
  • ISBN : 1317385497
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Summary : Particularly in the aftermath of the 9/11 terrorist attack, the threat of terrorism, however, defined, has been invoked as a common ‘justification’ in the pursuit of remodelling policies, laws, and institutions, both at the international and in the domestic politico-legal showground. The broader central theme that this book explores is the ...

Terrorism Rights and the Rule of Law

Terrorism  Rights and the Rule of Law
  • Author : Barry Vaughan,Shane Kilcommins
  • Publisher : Routledge
  • Release Date : 2013-05-13
  • Total pages : 240
  • ISBN : 1317385497
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Summary : The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of ...

The Legal Moral and National Security Consequences of prolonged Detention

The Legal  Moral  and National Security Consequences of  prolonged Detention
  • Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
  • Publisher : Unknown
  • Release Date : 2010
  • Total pages : 280
  • ISBN : 1317385497
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Summary : Download or read online The Legal Moral and National Security Consequences of prolonged Detention written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ), published by which was released on 2010. Get The Legal Moral and National Security Consequences of prolonged Detention Books now! Available in ...

Legislating the War on Terror

Legislating the War on Terror
  • Author : Benjamin Wittes
  • Publisher : Brookings Institution Press
  • Release Date : 2010-02-01
  • Total pages : 420
  • ISBN : 1317385497
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Summary : The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents ...

Human Rights Law and Counter Terrorism Strategies

Human Rights Law and Counter Terrorism Strategies
  • Author : Diane Webber
  • Publisher : Routledge
  • Release Date : 2022-06-17
  • Total pages : 282
  • ISBN : 1317385497
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Summary : 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 ...

Human Rights and Non discrimination in the War on Terror

Human Rights and Non discrimination in the  War on Terror
  • Author : Daniel Moeckli
  • Publisher : OUP Oxford
  • Release Date : 2008-01-24
  • Total pages : 304
  • ISBN : 1317385497
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Summary : In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge ...

Terror Detentions and the Rule of Law

Terror Detentions and the Rule of Law
  • Author : Dr. Robert H. Wagstaff
  • Publisher : Oxford University Press
  • Release Date : 2013-11-19
  • Total pages : 280
  • ISBN : 1317385497
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Summary : 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 ...

Counter terrorism and Beyond

Counter terrorism and Beyond
  • Author : Nicola McGarrity,Andrew Lynch,George Williams
  • Publisher : Unknown
  • Release Date : 2010
  • Total pages : 243
  • ISBN : 1317385497
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Summary : This book considers the increasing trend towards a âe~culture of controlâe(tm) in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions ...

The Use of Preventive Detention Laws in Malaysia A Case for Reform

The Use of Preventive Detention Laws in Malaysia  A Case for Reform
  • Author : M. Ehteshamul Bari,Safia Naz
  • Publisher : Springer Nature
  • Release Date : 2020-07-07
  • Total pages : 133
  • ISBN : 1317385497
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Summary : This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of ...

Constitutionalism Across Borders in the Struggle Against Terrorism

Constitutionalism Across Borders in the Struggle Against Terrorism
  • Author : Federico Fabbrini,Vicki C. Jackson
  • Publisher : Edward Elgar Publishing
  • Release Date : 2016-06-29
  • Total pages : 368
  • ISBN : 1317385497
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Summary : This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the ...