Download or read book Counterterrorism and Investigative Detention written by Stigall, Dan E. and published by Edward Elgar Publishing. This book was released on 2021-09-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Counterterrorism and the Comparative Law of Investigative Detention written by and published by Cambria Press. This book was released on with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Counterterrorism and Investigative Detention written by Dan E. Stigall and published by Edward Elgar Publishing. This book was released on 2021-09-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Counterterrorism and the Comparative Law of Investigative Detention written by Dan E. Stigall and published by . This book was released on 2014-05-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah
Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by Routledge. This book was released on 2016-01-08 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Counter terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Download or read book Tools to Fight Terrorism written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism, Technology, and Homeland Security and published by . This book was released on 2004 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Detention in the War on Terror written by Fiona de Londras and published by Cambridge University Press. This book was released on 2011-07-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Terrorism written by William E. Dyson and published by Routledge. This book was released on 2014-09-19 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook introduces the reader to the field of terrorism investigation. Describing how terrorists operate and how they differ from other criminals, it provides an outline of how terrorism investigations should be conducted. By helping investigators to develop skills and knowledge, this guide helps them to prepare prosecutable cases against terrorists.
Download or read book Counterterrorism Law written by Charles A. Shanor and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook, in a logical and student-friendly format, presents the challenges that terrorism poses to the law. The decisions of Congress, the President, and the courts are organized around various counterterrorism strategies and processes. Strategies used in the United States are compared with those of other nations. The cases and notes explore fascinating issues seldom found elsewhere in law schools such as, crimes punishing speech; warrantless searches and seizures; data mining; foreign intelligence surveillance; extraordinary rendition; state secrets; lengthy military detention; enhanced interrogation techniques; unusual trial forums and processes; targeted killings; immigration sweeps; and compensation barriers. Illustrations include: boundary-blurring between criminal and military law reconsideration of traditional detention and interrogation practices mingling of investigation and intelligence-gathering exceptions to constitutional protections of individual rights new fault lines between courts, the executive, and Congress modifications to the law of armed conflict revisions to immigration law unique aspects of compensation systems related to terrorism. The book is structured into the following chapters and topics: Chapter I provides a broad brush introduction, primarily non-legal, to terrorism and counterterrorism, a short substitute for an undergraduate overview of this field. Chapters II and III explore antiterrorism criminal law (including punishments) and criminal procedures related to finding terrorists. Chapter IV then examines in detail a specific investigatory tool, foreign intelligence surveillance. Chapters V-VII present the legal battles over civilian and military detention and interrogation of alleged terrorists and the processes (mainly habeas corpus) for ending detention. Trial processes concerning defendants c
Download or read book Policing Terrorism written by David Lowe and published by CRC Press. This book was released on 2015-08-25 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based primarily upon information from the UK Special Branch Counterterrorism Unit, Policing Terrorism: Research Studies into Police Counterterrorism Investigations takes you through the mechanics of a counterterrorism investigation. A combination of legal and empirical research, this entry in the Advances in Police Theory and Practice book series e
Download or read book The September 11 Detainees written by Glen A. Fine and published by . This book was released on 2003-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report by the Office of the Inspector General (OIG), U.S. Dept. of Justice, on the detention of aliens in the FBI massive investigation, called PENTTBOM,Ó of the coordinated terrorist attack on Sept. 11, 2001. This review determined that the INS detained 762 aliens as a result of the PENTTBOM investigation. Chapters: Arrest & Processing of Aliens in Response to the Sept. 11 Attacks; Charging of Sept. 11 Detainees; The Clearance Process; The Department's No BondÓ Policy for Sept. 11 Detainees; Removal of Sept. 11 Detainees; Conditions of Confinement at the Metropolitan Detention Center in Brooklyn, NY; Conditions of Confinement at the Passaic County Jail in Paterson, NJ; OIG Recommendations; & Conclusions.
Download or read book The Senate Intelligence Committee Report on Torture Academic Edition written by Senate Select Committee On Intelligence and published by Melville House. This book was released on 2020-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.
Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Counterterrorism Law written by Stephen Dycus and published by . This book was released on 2007 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please Visit the Companion website: www.aspenlawschool.com/dycus_counterterrorism Counterterrorism Law is a detailed survey of United States law governing the definition, detection, detention, interrogation, and prosecution of terrorists. Also covered is the availability and legal use of armed force, civil liability, and economic sanctions against terrorism and its state sponsors. A solid fit for an advanced course in National Security Law, Constitutional Law, or Civil Rights, this comprehensive text organizes the rapidly growing body of Counterterrorism Law into discrete, coherent, and pedagogically efficient segments. This outstanding text offers an abundance of great features. Specifically, it: organizes Counterterrorism law into separate, coherent, and pedagogically efficient parts adapts to multiple learning environments, including seminars and courses with limited class hours covers not only core issues of detention, interrogation and law enforcement, but also related issues such as data-mining, screening, civil liability, targeted killing, and sanctions
Download or read book Terrorism and Counterintelligence written by Blake W. Mobley and published by Columbia University Press. This book was released on 2012 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing the challenges terrorist groups face as they multiply and plot international attacks, while at the same time providing a framework for decoding the strengths and weaknesses of their counter-intelligence, Blake W. Mobley offers an indispensable text for the intelligence, military, homeland security, and law enforcement fields.
Download or read book Unjustifiable Means written by Mark Fallon and published by Simon and Schuster. This book was released on 2017-10-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book the government doesn’t want you to read. President Trump wants to bring back torture. This is why he’s wrong. In his more than thirty years as an NCIS special agent and counterintelligence officer, Mark Fallon has investigated some of the most significant terrorist operations in US history, including the first bombing of the World Trade Center and the 2000 attack on the USS Cole. He knew well how to bring criminals to justice, all the while upholding the Constitution. But in the aftermath of September 11, 2001, it was clear that America was dealing with a new kind of enemy. Soon after the attacks, Fallon was named Deputy Commander of the newly formed Criminal Investigation Task Force (CITF), created to probe the al-Qaeda terrorist network and bring suspected terrorists to trial. Fallon was determined to do the job the right way, but with the opening of Guantanamo Bay and the arrival of its detainees, he witnessed a shadowy dark side of the intelligence community that emerged, peddling a snake-oil they called “enhanced interrogation techniques.” In Unjustifiable Means, Fallon reveals this dark side of the United States government, which threw our own laws and international covenants aside to become a nation that tortured—sanctioned by the highest-ranking members of the Bush Administration, the Army, and the CIA, many of whom still hold government positions, although none have been held accountable. Until now. Follow along as Fallon pieces together how this shadowy group incrementally—and secretly—loosened the reins on interrogation techniques at Gitmo and later, Abu-Ghraib, and black sites around the world. He recounts how key psychologists disturbingly violated human rights and adopted harsh practices to fit the Bush administration’s objectives even though such tactics proved ineffective, counterproductive, and damaging to our own national security. Fallon untangles the powerful decisions the administration’s legal team—the Bush “War Counsel”—used to provide the cover needed to make torture the modus operandi of the United States government. As Fallon says, “You could clearly see it coming, you could wave your arms and yell, but there wasn’t a damn thing you could do to stop it.” Unjustifiable Means is hard-hitting, raw, and explosive, and forces the spotlight back on to how America lost its way. Fallon also exposes those responsible for using torture under the guise of national security, as well as those heroes who risked it all to oppose the program. By casting a defining light on one of America’s darkest periods, Mark Fallon weaves a cautionary tale for those who wield the power to reinstate torture.
