Author: Laura Dickinson
Publisher:
ISBN:
Category :
Languages : en
Pages : 86
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Book Description
Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite, has swelled. In November 2001, President Bush issued an executive order asserting the authority to use military commissions to try individual terrorism suspects captured by the United States. Such commissions would be conducted unilaterally and would not be required to include procedural safeguards to protect the rights of the accused. This crisis has forced us to revisit the question of what the rule of law gets us as a nation and as a people. This article argues that the Administration's treatment of detainees and the military commissions run counter to the rule of law - both domestically, by violating American constitutional protections, and internationally, by flouting established principles of international law. Far from being a straight-jacket that threatens our security, respect for legal process values and international law, will actually best serve our long-term strategic interests in containing terrorism. This article also considers how an international tribunal process could be initiated expeditiously and two alternative "quasi-international" models that have received insufficient consideration thus far. The law skeptics' perspective is also addressed at a more theoretical level, offering some tentative observations about the importance of fair adjudicatory processes despite the fact that societies are always to some degree riven by conflict.
Author: Andrew Lynch
Publisher: Federation Press
ISBN: 9781862876743
Category : Juvenile Nonfiction
Languages : en
Pages : 276
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Book Description
How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia
Author: Katja L.H. Samuel
Publisher: Routledge
ISBN: 1351948164
Category : Law
Languages : en
Pages : 638
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Book Description
The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
Author: Genevieve Lennon
Publisher: Routledge
ISBN: 1134455097
Category : Law
Languages : en
Pages : 507
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Book Description
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Author: United Nations
Publisher: United Nations Publications
ISBN: 9789211337778
Category : Social Science
Languages : en
Pages : 0
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Book Description
THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.
Author: Wayne McCormack
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Terrorism
Languages : en
Pages : 728
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Book Description
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: Maryam Jamshidi
Publisher:
ISBN:
Category :
Languages : en
Pages : 63
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Book Description
In thinking about the War on Terror's impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long- standing norms, much as it has done in the public law context. Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § 2333(a) (“Section 2333”), shines the brightest light on this trend. Using Section 2333, private individuals can bring civil suits against third-parties for injuries purportedly resulting from violence committed by terrorist groups. In deciding these cases, which sound in intentional torts, many courts have treated Section 2333 as a critical component of U.S. counterterrorism efforts. This marriage of tort law and national security has transformed Section 2333 into anything but the traditional tort Congress intended it to be. In the process, a line of jurisprudence has developed under the statute, which carries negative implications for the discipline of torts writ large, reinforces the War on Terror's ideologically-infused narratives about terrorism itself, and ensnares defendants with little to no meaningful connection with terrorism or terrorist groups. These consequences, which have largely gone unnoticed by both tort scholars and critics of U.S. counterterrorism efforts, are important ones. They highlight the ways America's never-ending war has not only undermined public, but also private, law, and underscore how torts, in particular, have helped perpetuate the political ideology at the root of that battle. This Article seeks to uncover and explain these trends, for the first time, and offer some preliminary solutions.
Author: Stephen Dycus
Publisher:
ISBN:
Category : Data mining
Languages : en
Pages : 822
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Book Description
Please Visit the Companion website: www.aspenlawschool.com/dycus_counterterrorism Counterterrorism Law is a detailed survey of United States law governing the definition, detection, detention, interrogation, and prosecution of terrorists. Also covered is the availability and legal use of armed force, civil liability, and economic sanctions against terrorism and its state sponsors. A solid fit for an advanced course in National Security Law, Constitutional Law, or Civil Rights, this comprehensive text organizes the rapidly growing body of Counterterrorism Law into discrete, coherent, and pedagogically efficient segments. This outstanding text offers an abundance of great features. Specifically, it: organizes Counterterrorism law into separate, coherent, and pedagogically efficient parts adapts to multiple learning environments, including seminars and courses with limited class hours covers not only core issues of detention, interrogation and law enforcement, but also related issues such as data-mining, screening, civil liability, targeted killing, and sanctions
Author:
Publisher: DIANE Publishing
ISBN: 1428960821
Category :
Languages : en
Pages : 107
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Book Description
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
Author: Arianna Vedaschi
Publisher: Cambridge University Press
ISBN: 1009020587
Category : Law
Languages : en
Pages : 525
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Book Description
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.
