Publisher: Cambria Press
Publisher: Cambria Press
Preventive Detention and International Human Rights Law
Author: Claire Macken
View: 4990This 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.
The Culture of Law and Justice After 9/11
Author: Andrew Lynch,Nicola McGarrity,George Williams
View: 3329This book considers the increasing trend towards a ‘culture of control’ 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 on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
Author: Alperhan Babacan,Hussein Tahiri
Publisher: Cambridge Scholars Publishing
View: 3232This book critically examines Australia’s counter terrorism measures by looking at the country’s legislative framework within the context of an international law framework and norms relating to human rights. It discusses the Australian governments justifications for the war on terrorism and sociological theories relating to ‘risk society’ as a way to explain Australia’s counter terrorism policies and the impact of the war on terror on social cohesion in Australia. It looks at the adverse impacts of the war on terror on Muslims in Australia and their sense of belonging in a multicultural society and analyses these developments from a sociological perspective. The book also explores the recent shift in the Australian governments’ approach to countering terrorism, a shift from a coercive approach to tackling terrorism to a community engagement approach focused on building relationships and trust with Australia’s diverse communities, particularly the Muslim community.
Crossing Legal Boundaries in Defence of the State
Author: Aniceto Masferrer,Clive Walker
Publisher: Edward Elgar Publishing
Category: Political Science
View: 5904ŠA 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
Meeting the Challenges
Author: Larissa van den Herik,Nico Schrijver
Publisher: Cambridge University Press
View: 8844Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.
Publisher: Human Rights Watch
Religious Counseling, Indefinite Detention, and Flawed Trials
Author: Christoph Wilcke
Publisher: Human Rights Watch
Category: Detention of persons
View: 443This 27-page report documents Saudi Arabia's response to threats and acts of terrorism since 2003, including the indefinite detentions of thousands of people, some of them peaceful political dissidents. The domestic intelligence agency, the mabahith, which runs its own prisons, has prevented effective judicial oversight. Saudi Arabia should ensure the right to judicial review for anyone detained, and the right to a fair trial for anyone charged with a crime, the report says. The United States and United Kingdom closely cooperate with Saudi counterterrorism officials, publicly praising their religious reeducation program, but have not criticized either the indefinite detention of thousands of people or the flawed trials of 330 suspects in July. Several thousand of those detained under counterterrorism efforts remain in prisons throughout the country.--Publisher description.
A New Legal Framework
Author: Diane Webber
View: 2848Preventive 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: Nancy E. Marion,Willard M. Oliver
Category: Political Science
View: 315Containing more than 450 entries, this easy-to-read encyclopedia provides concise information about the history of and recent trends in drug use and drug abuse in the United States—a societal problem with an estimated cost of $559 billion a year. • Contains more than 450 detailed entries on topics ranging from drugs themselves—such as alcohol, codeine, heroin, marijuana, and methamphetamines—to key individuals like Harry Anslinger to organizations such as the Drug Enforcement Administration (DEA) • Covers the latest developments in U.S. policies and public attitudes toward drugs and drug use • Provides citations with each entry to guide users to other valuable research resources • Features carefully selected primary documents—including excerpts from important laws, policies, and campaigns—that have shaped American drug policy over the decades
Author: Fergal Davis,Nicola McGarrity,George Williams
View: 5693The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
Author: Helen Duffy
Publisher: Cambridge University Press
View: 8164Analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.
The Impact of Anti-terrorism Laws on Policing
Author: Tessa Boyd-Caine
Category: Human rights
Liberty, Security and the War on Terror
Author: Andrew W. Neal
View: 9257This book is an analysis and critique of the concepts of ‘exception’ and ‘exceptionalism’ in the context of the politics of liberty and security in the so-called ‘War on Terror’. Since the destruction of the World Trade Centre on September 11th 2001, a notable transformation has occurred in political discourse and practice. Politicians and commentators have frequently made the argument that the rules of the game have changed, that this is a new kind of war, and that exceptional times require exceptional measures. Under this discourse of exceptionalism, an array of measures have been put into practice, such as detention without trial, ‘extraordinary rendition’, derogations from human rights law, sanction or connivance in torture, the curtailment of civil liberties, and aggressive war against international law. Situating exceptionalism within the post-9/11 controversy about the relationship between liberty and security, this book argues that the problem of exceptionalism emerges from the limits and paradoxes of liberal democracy itself. It is a commentary and critique of both contemporary practices of exceptionalism and the critical debate that has formed in response. Through a detailed assessment of the key theoretical contributions to the debate, this book develops exceptionalism as a critical tool. It also engages with the problem of exceptionalism as a discursive claim, as a strategy, as a concept, as a theoretical problem and as a practice. This is the first book to capture the importance of the exceptionalism debate in a single volume, and will be of much interest to students of critical security studies, political philosophy, IR theory and sociology.
Author: Andrew Silke
View: 993This edited book explores how psychology can be used to improve our understanding of terrorism and counterterrorism. This work firstly aims to provide balanced and objective insight into the psychology of terrorists; what their motivations are, what keeps them involved in terrorist groups, and what eventually forces most to end their active involvement in terrorism. Secondly, the contributors focus on the challenging issue of how to respond to terrorism. These chapters provide information for those concerned with short-term tactical problems (e.g. interviewing), as well as those looking towards the more long-term strategic questions of bringing an entire terrorist campaign to an end. Ultimately, the individuals involved in terrorism require a more complex response from society than simply a quest for their apprehension. Believing inaccurate and misleading characterizations leads inevitably to damaging policies and deficient outcomes and campaigns of violence are needlessly prolonged. It is from this perspective that the concern arises with how researchers – and the policy makers guided by them – perceive the psychology of terrorists and of terrorism. This innovative book will be of great interest to students of terrorism and counter-terrorism, security studies, psychology and politics, as well as security professionals and military colleges.
Author: Wayne McCormack,Erik Luma
View: 2977This new Understanding treatise provides a compact review of the three main approaches to combating terrorism: criminal proceedings, intelligence and prevention, and military action. The three modes of responses are not the same; each has benefits and limitations, and it will be difficult to find the proper balance among them. Understanding the Law of Terrorism contributes to the search for balance by providing the tools for analysis and application of each of the three modes of response. • With regard to law enforcement, it covers the requirements of conspiracy law, the principal statutes dealing with terrorism, designation of foreign terrorist organizations, and the crime of material support of terrorist activity or organizations. It also goes into the international law dealing with crimes against humanity which could be a source of enforcement principles for terrorism. • On the intelligence front, the book deals with the structure of the Intelligence Community, the operation of the Foreign Intelligence Surveillance Act (FISA), and the mechanics of the Classified Information Procedure Act (CIPA). • With regard to military response, the book summarizes the Law of Armed Conflict (LOAC), delves into military detentions, extraordinary renditions, and harsh interrogation or torture. Finally, the book concludes with a look at the law of emergency situations and the degree to which ordinary processes of law may be suspended in times of crisis, looking at both U.S. and foreign cases. Throughout the book, there are references to the law of other nations and international law. There is also an Appendix with the principal U.S. statutes, the major international conventions and treaties, and the relevant U.S. executive orders.
Author: Ana Salinas de Frias
Publisher: Council of Europe
Category: Political Science
View: 4722Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Author: Amos N. Guiora
Publisher: Wolters Kluwer Law & Business
View: 7169Amos Guiora presents an interdisciplinary and global exploration of the law, policy, intelligence gathering, and operational decisions surrounding counter-terrorism initiatives. Case studies of seven different nations: India, Israel, Russia, Spain, the United States and now, China and Colombia and their efforts to repel terrorism within their borders provide numerous opportunities for comparative analysis. Issues to Consider present actual dilemmas and scenarios in each chapter that fuel class discussion. The Second Edition extends its purview to China and Colombia in an ongoing effort to impart a broad perspective on the tactics and strategies used by different countries to combat counterterrorism. An accessible and fascinating text, Global Perspectives on Counterterrorism, Second Edition, features: a practical approach to thinking about a wide variety of issues, including interrogations, the proper forum for trying terrorists, judicial review, international law, intelligence gathering, and policy responses to terrorism simulation exercises that put students in the role of policy and decision-makers Rigorously updated, the revised Second Edition includes: a new chapter on future hotspots of terrorism and the future of counterterrorism, with a focus on Mexico and Somalia new cases, policy documents, and updated discussion of terrorism events around the world
Publisher: DIANE Publishing
Author: Andrew Ashworth,Lucia Zedner
Publisher: OUP Oxford
View: 6840This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.