Preventive Detention Of Terror Suspects
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Author | : Diane Webber |
Publisher | : Routledge |
Total Pages | : 302 |
Release | : 2016-01-08 |
Genre | : Law |
ISBN | : 1317385489 |
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 | : Fergal Davis |
Publisher | : Routledge Research in Terrorism and the Law |
Total Pages | : 340 |
Release | : 2017-06-16 |
Genre | : Electronic surveillance |
ISBN | : 9781138094314 |
The 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 | : Mark S. Hamm |
Publisher | : DIANE Publishing |
Total Pages | : 258 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 1437929591 |
This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 839 |
Release | : 2015-07-23 |
Genre | : Law |
ISBN | : 1107057078 |
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author | : Louis Fisher |
Publisher | : |
Total Pages | : 308 |
Release | : 2005 |
Genre | : History |
ISBN | : |
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Author | : Tejshree Thapa |
Publisher | : |
Total Pages | : 46 |
Release | : 2018 |
Genre | : Due process of law |
ISBN | : 9781623135515 |
Methodology -- I. Armed conflict and the Prevention of Terrorism Act -- II. Abuses under the PTA -- Recommendations -- Acknowledgments.
Author | : Victor V. Ramraj |
Publisher | : Cambridge University Press |
Total Pages | : 703 |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139505246 |
Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.
Author | : |
Publisher | : United Nations Publications |
Total Pages | : 136 |
Release | : 2010 |
Genre | : |
ISBN | : 9789211562828 |
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Author | : Paddy Hillyard |
Publisher | : Pluto Press (UK) |
Total Pages | : 330 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Examines the powers and effects of the Prevention of Terrorism (Temporary Provisions) Act (PTA) which was introduced in 1974, following the Birmingham pub bombings. Includes factual information about the operation of the Act, plus accounts of personal experiences of the trauma of examination, arrest and detention under this legislation.
Author | : Andrew Lynch |
Publisher | : Routledge |
Total Pages | : 550 |
Release | : 2010-06-10 |
Genre | : Law |
ISBN | : 1136958541 |
This 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.