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 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 Counterterrorism Law written by Stephen Dycus and published by Aspen Publishing. This book was released on 2020-06-02 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counterterrorism Law
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 Policing Terrorism written by David Lowe and published by Taylor & Francis. This book was released on 2015-08-25 with total page 158 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 Anticipative Criminal Investigation written by Marianne F.H. Hirsch Ballin and published by Springer Science & Business Media. This book was released on 2012-03-06 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.
Download or read book Detention of Terrorism Suspects written by Maureen Duffy and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Investigative Detention written by George Coppolo and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Defines "investigative detention"; under what circumstances can it be used; is there a limit in how long a person can be kept in that status; and do the state police use this technique?
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 Stop Looking for Your Son written by Eric Goldstein and published by . This book was released on 2010-01-01 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since Morocco suffered the worst terrorist attack in its modern history on May 16, 2003, credible allegations have persisted that security officers routinely violate international and domestic laws in their treatment of persons suspected of links to terrorism. Plainclothes agents who show no identification or warrant detain suspects and do not explain the basis for the arrest. Authorities then hold them in a secret place of detention, which many detainees later identify as the headquarters of the domestic intelligence agency in the city of Témara. Many of the secret detainees are ill-treated or tortured under interrogation, and often held longer than the 12-day legal maximum allowed for garde à vue (prearraignment) detention, without any notification to their families of their whereabouts. They are then handed over to the police, who present them with a statement to sign, before they have seen a lawyer. These abuses undermine the right of the accused to a fair trial. This report, based on interviews with detainees and their relatives and lawyers, as well as news reports, documents a disturbing pattern of secret detentions and abuse. Many Moroccans use the terms 'abduction' to describe such detentions, although the detainee generally turns up in police custody within several weeks, unlike the 'disappearances' of earlier decades, when most victims were never seen again. Still, the pattern of abuses surrounding these detentions shows a flagrant disregard for the law, especially in light of the domestic legislation enacted under King Mohammed VI to safeguard against abuse. Morocco has conducted a significant process of acknowledging and making reparations for the serious human rights violations perpetrated during past decades. But if it is to turn the page on that grim chapter of its history, the authorities must also show political will to enforce Morocco's own laws on the detention of suspects and hold abusers accountable. The report contains a government response, received just before publication, to questions submitted by Human Rights Watch."--P. 4 cover.
