Search results for: counterterrorism-and-investigative-detention

Counterterrorism and Investigative Detention

Author : Dan E. Stigall
File Size : 86.65 MB
Format : PDF
Download : 565
Read : 616
Download »
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. The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat. This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.

Counterterrorism and Investigative Detention

Author : Stigall, Dan E.
File Size : 59.18 MB
Format : PDF, ePub, Docs
Download : 387
Read : 865
Download »
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.

Counterterrorism and the Comparative Law of Investigative Detention

Author :
File Size : 84.58 MB
Format : PDF, ePub, Docs
Download : 606
Read : 1147
Download »

Counterterrorism and the Comparative Law of Investigative Detention

Author : Dan E. Stigall
File Size : 90.65 MB
Format : PDF, ePub, Mobi
Download : 454
Read : 1022
Download »
This Bronze E-Book Edition for institutional buyers provides web reader access and download of an abridged version in PDF and device formats.

Counter terrorism and the Detention of Suspected Terrorists

Author : Claire Macken
File Size : 87.62 MB
Format : PDF, Mobi
Download : 439
Read : 349
Download »
This 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.

Counterterrorism Law and Practice in the East African Community

Author : Christopher E. Bailey
File Size : 27.58 MB
Format : PDF, Mobi
Download : 714
Read : 990
Download »
This book offers a comparative analysis of counter-terrorism law and practice in the East African Community, including compliance with international human rights and humanitarian law. Bailey offers legal reform recommendations to achieve better compliance with international legal obligations.

Counter Terrorism

Author : Ana María Salinas de Frías
File Size : 45.40 MB
Format : PDF
Download : 656
Read : 1121
Download »
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

The Consequences of Counterterrorism

Author : Martha Crenshaw
File Size : 32.90 MB
Format : PDF, ePub, Mobi
Download : 370
Read : 908
Download »
The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. The Consequences of Counterterrorism examines the political costs and challenges democratic governments face in confronting terrorism. Using historical and comparative perspectives, The Consequences of Counterterrorism presents thematic analyses as well as case studies of Britain, France, Germany, Spain, Japan, and Israel. Contributor John Finn compares post-9/11 antiterrorism legislation in the United States, Europe, Canada, and India to demonstrate the effects of hastily drawn policies on civil liberties and constitutional norms. Chantal de Jonge Oudraat and Jean-Luc Marret assert that terrorist designation lists are more widespread internationally than ever before. The authors examine why governments and international organizations use such lists, how they work, and why they are ineffective tools. Gallya Lahav shows how immigration policy has become inextricably linked to security in the EU and compares the European fear of internal threats to the American fear of external ones. A chapter by Dirk Haubrich explains variation in the British government's willingness to compromise democratic principles according to different threats. In his look at Spain and Northern Ireland, Rogelio Alonso asserts that restricting the rights of those who perpetrate ethnonationalist violence may be acceptable in order to protect the rights of citizens who are victims of such violence. Jeremy Shapiro considers how the French response to terrorist threats has become more coercive during the last fifty years. Israel's "war model" of counterterrorism has failed, Ami Pedahzur and Arie Perliger argue, and is largely the result of the military elite's influence on state institutions. Giovanni Cappocia explains how Germany has protected basic norms and institutions. In contrast, David Leheny stresses the significance of change in Japan's policies. Preventing and countering terrorism is now a key policy priority for many liberal democratic states. As The Consequences of Counterterrorism makes clear, counterterrorist policies have the potential to undermine the democratic principles, institutions, and processes they seek to preserve.

Counter Terrorism and Social Cohesion

Author : Alperhan Babacan
File Size : 30.42 MB
Format : PDF, ePub, Docs
Download : 514
Read : 267
Download »
This 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.

Preventive Detention of Terror Suspects

Author : Diane Webber
File Size : 47.30 MB
Format : PDF, Docs
Download : 224
Read : 512
Download »
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.

UK Counter the Threat or Counterproductive Commentary on Proposed Counterterrorism Measures

Author :
File Size : 52.66 MB
Format : PDF, ePub
Download : 883
Read : 428
Download »

The 9 11 Effect

Author : Kent Roach
File Size : 71.20 MB
Format : PDF, ePub
Download : 975
Read : 916
Download »
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.

Oral and written evidence

Author : Great Britain. Parliament. Joint Committee on Human Rights
File Size : 37.93 MB
Format : PDF, ePub
Download : 781
Read : 940
Download »
Counter-terrorism policy and human Rights : Terrorism Bill and related matters, third report of session 2005-06, Vol. 2: Oral and written Evidence

Counterterrorism Law

Author : Stephen Dycus
File Size : 86.97 MB
Format : PDF, Mobi
Download : 664
Read : 364
Download »
Counterterrorism Law

Preventive Detention of Terror Suspects

Author : Diane Webber
File Size : 30.58 MB
Format : PDF, ePub, Mobi
Download : 946
Read : 596
Download »
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.

Justice for Children in the Context of Counter Terrorism

Author : United Nations Office on Drugs and Crime
File Size : 90.61 MB
Format : PDF, Kindle
Download : 341
Read : 335
Download »
This Training Manual aims to provide justice practitioners with an accessible guide to dealing with issues relating to children alleged to have committed terrorism-related offences. It reviews some of the common challenges encountered at different stages of the justice process and offers guidance based on international law, standards and promising practices. It is part of a series of three manuals and is designed to complement the UNODC Handbook Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System. The UNODC Handbook provides guidance for a comprehensive approach to the treatment of these children, from prevention to reintegration. Such guidance is anchored in the analysis of the international legal framework, and in the identification of relevant promising practices across different regions of the world.

Terrorism and Counter Terrorism in China

Author : Michael Clarke
File Size : 67.20 MB
Format : PDF, ePub, Docs
Download : 934
Read : 332
Download »
China's problem with terrorism has historically been considered an outgrowth of Beijing's efforts to integrate the Xinjiang Uyghur Autonomous Region into the People's Republic of China. Since the end of the Cold War, however, this internal dynamic has converged with an evolving external environment, stimulating the development of linkages between Uyghur separatism and terrorism and broader terrorist movements in Central Asia, South Asia and the Middle East. This book brings together some of the leading experts on Chinese terrorism, offering the first systematic, scholarly assessment of the country's approaches to this threat. Four areas of investigation are looked at: the scope and nature of terrorism in China and its connection with developments in other regions; the development of legislative measures to combat terrorism; the institutional evolution of China's counter-terrorism bureaucracy; and Beijing's counter-terrorism cooperation with international partners.

Comparative Counter Terrorism Law

Author : Kent Roach
File Size : 48.11 MB
Format : PDF, ePub
Download : 844
Read : 493
Download »
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

Review of counter terrorism and security powers

Author : Great Britain: Home Office
File Size : 78.12 MB
Format : PDF, Mobi
Download : 901
Read : 1075
Download »
The review considered six key counter-terrorism and security powers: (1) the detention of terrorist suspects before charge; (2) section 44 stop and search powers and the use of terrorism legislation in relation to photography; (3) the use of the Regulation of Investigatory Powers Act 2000 (RIPA) by local authorities and access to communications data more generally; (4) measures to deal with organisations that promote hatred or violence; (5) extending the use of 'Deportation with Assurances' in a manner that is consistent with our legal and human rights obligations; (6) control orders (including alternatives). The review concludes that some counter-terrorism and security powers are neither proportionate nor necessary. The key findings are: (i) a return to 14 days as the standard maximum pre-charge detention period; (ii) an end to the indiscriminate use of stop and search powers under section 44; (iii) the end to the use of the most intrusive RIPA powers by local authorities to investigate low level offences and applications by authorities to use RIPA techniques need a magistrate's approval; (iv) a commitment to rationalise the legal bases by which communications data can be acquired; (v) a stronger effort to deport foreign nationals involved in terrorist activities in this country fully respecting our human rights obligations; (vi) the end of control orders and their replacement with a fairer and more focused regime. Additional resources will be provided to the police and security agencies to ensure the new measures are effective not only in protecting the public but in facilitating prosecution.

Counter Terrorism Bill

Author : Bernan
File Size : 69.60 MB
Format : PDF, ePub, Mobi
Download : 462
Read : 1155
Download »
This report considers the respective roles of ministers, Parliament and the judiciary in the arrangements proposed specifically in the provisions of parts 2 (detention and questioning of terrorist suspects) and 6 (inquests and inquiries) of the Counter-Terrorism Bill. Whilst the Committee does not criticise the process by which the Bill's proposals have been developed they do have concerns relating to the outcomes that have been reached. They look at the basic constitutional questions of: what should the maximum permitted time of pre-charge detention be (given the Bill's proposed increase to 42 days)?; and who should be empowered to authorise such detention? The Committee notes that the European Convention on Human Rights requires that those arrested shall be informed "promptly" of the reasons for their arrest and of any charge against them, and then be brought "promptly" before a judge (article 5 (2) (3)). They advise that if the House approves the time limit set out in the Bill, it will do so in the knowledge that the question of compliance with Convention rights is likely to be heard and ultimately determined by the Courts. They also feel that the decision making scheme set out in the Bill is too elaborate and complex. The Committee continues with examining the Bill's part 6 proposals to permit the Secretary of State to issue certificates requiring an inquest to be hld without a jury and proposed arrangements for appointing and removing "specially appointed coroners". They state that, in their view, Ministers should be required to apply to the court for a non-jury inquest, rather than being empowered to determine without any judicial oversight that there will be such an inquest.