Detention In The War On Terror
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| Author | : Fiona de Londras |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2011-07-28 |
| Genre | : Political Science |
| ISBN | : 1139500031 |
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 | : Stephanie Cooper Blum |
| Publisher | : Cambria Press |
| Total Pages | : 292 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : 1604975660 |
"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 | : Jennifer K. Elsea |
| Publisher | : DIANE Publishing |
| Total Pages | : 52 |
| Release | : 2009-12 |
| Genre | : Political Science |
| ISBN | : 1437918409 |
In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.
| Author | : Laurel Emile Fletcher |
| Publisher | : University of California Press |
| Total Pages | : 228 |
| Release | : 2009-09-01 |
| Genre | : Social Science |
| ISBN | : 0520261771 |
This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s “war on terror.” Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.
| Author | : |
| Publisher | : |
| Total Pages | : 61 |
| Release | : 2005 |
| Genre | : |
| ISBN | : |
In June, 2004, the U.S. Supreme Court ruled in Rasul v. Bush that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad, but left questions involving prisoners rights and status unanswered. The 9/11 Commission recommended a common coalition approach to such detention. The Senate voted to deny detainees access to federal courts to file habeas petitions (S. Amdt. 2524 to S. 1042, Graham Amendment), but to allow limited appeals. The Bush Administration earlier deemed all of the detainees to be unlawful combatants, who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. Fifteen of the detainees have been designated as subject to the President s Military Order of November 13, 2001, making them eligible for trial by military commission. In answer to the Rasul decision, the Pentagon instituted Combatant Status Review Tribunals to provide a forum for detainees to challenge their status as enemy combatants. The Pentagon had earlier announced a plan for annual reviews to determine whether detainees may be released without endangering national security. The President s decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, especially overseas and among human rights organizations, with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW), which they assert requires that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise.
| Author | : Colleen E. Hardy |
| Publisher | : LFB Scholarly Publishing |
| Total Pages | : 250 |
| Release | : 2009 |
| Genre | : Civil rights |
| ISBN | : 9781593325718 |
Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.
| Author | : Pamela M. Von Ness |
| Publisher | : |
| Total Pages | : 38 |
| Release | : 2003 |
| Genre | : Civil rights |
| ISBN | : |
With the decision to transfer Al Qaeda and Taliban captives to detention facilities at Guantanamo Bay Naval Base, Cuba, the Pentagon headed into legally uncharted territory. The United States has neither recognized the detainees as prisoners of war, nor have they been charged with any crime. Consequently, unanswered questions regarding their legal status and continued incarceration have drawn heated criticism from human rights organizations world- wide. Although senior defense officials are working to develop an appropriate long-term plan, they will likely confront further legal challenges involving military tribunals and the eventual reclassification of some detainees as bona fide prisoners of war. The one certainty is that the military has undertaken an unprecedented prisoner operation with an undetermined end-state.
| Author | : Maureen Duffy |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 313 |
| Release | : 2018-02-08 |
| Genre | : Law |
| ISBN | : 1509904018 |
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 | : Georgina Born |
| Publisher | : Cambridge University Press |
| Total Pages | : 375 |
| Release | : 2013-01-17 |
| Genre | : Music |
| ISBN | : 1107310555 |
Music, Sound and Space is the first collection to integrate research from musicology and sound studies on music and sound as they mediate everyday life. Music and sound exert an inescapable influence on the contemporary world, from the ubiquity of MP3 players to the controversial use of sound as an instrument of torture. In this book, leading scholars explore the spatialisation of music and sound, their capacity to engender modes of publicness and privacy, their constitution of subjectivity, and the politics of sound and space. Chapters discuss music and sound in relation to distinctive genres, technologies and settings, including sound installation art, popular music recordings, offices and hospitals, and music therapy. With international examples, from the Islamic soundscape of the Kenyan coast, to religious music in Europe, to First Nation musical sociability in Canada, this book offers a new global perspective on how music and sound and their spatialising capacities transform the nature of public and private experience.
| Author | : Benjamin Wittes |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 435 |
| Release | : 2010-02-01 |
| Genre | : Political Science |
| ISBN | : 0815704178 |
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication 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 an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
