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Author: Robert Hall Wagstaff
Publisher:
ISBN: 0199301557
Category : Law
Languages : en
Pages : 401
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Book Description
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: Robert Hall Wagstaff
Publisher:
ISBN: 0199301557
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
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: Stigall, Dan E.
Publisher: Edward Elgar Publishing
ISBN: 1800887183
Category : Law
Languages : en
Pages : 272
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Book Description
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: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Category : Political Science
Languages : en
Pages : 354
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Book Description
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:
Publisher: Cambria Press
ISBN: 1621969509
Category :
Languages : en
Pages : 274
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Book Description
Author: Maureen T. Duffy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 234
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Book Description
"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: Diane Webber
Publisher: Routledge
ISBN: 1317385497
Category : Law
Languages : en
Pages : 326
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Book Description
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: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 280
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Book Description
Author: Fiona de Londras
Publisher: Cambridge University Press
ISBN: 1139500031
Category : Political Science
Languages : en
Pages : 327
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Book Description
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: Carl Quimby Christol
Publisher: University Press of America
ISBN: 0761843442
Category : Law
Languages : en
Pages : 280
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Book Description
This sequel to Carl Q. Christol's International Law and U.S. Foreign Policy (2nd Revised Edition, 2006) is based on original sources, such as the Constitution, treaties, statutes including the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006, critical Supreme Court decisions, all relevant Department of Justice memorandums that have been released to the public, and the wide-ranging public writings of scholars and members of the professional estate. Christol emphasizes the significance of the constitutional concept of separation of powers, pointing to the efforts of the Executive branch to call upon the Commander-in-Chief and war powers during what has been referred to as "the war on terrorism." He draws attention to the growing authority of "military law" and, in the contest between the three branches of government, Christol emphasizes the roles of Congress and the Courts in the protection of civil and political rights and liberties. Christol further emphasizes the importance of the writ of habeas corpus, the right to counsel, the right to a fair and speedy trial, and the presumption of innocence in criminal trials. Support for American outlooks toward the world rule of law was particularly identified in the U.S. responses in 2006 to earlier concerns and recommendations by the Torture Committee established in the 1984 Convention Against Torture. A detailed index serves as a guide to the wide-ranging and specific matters that were considered.
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.
