Preventive Detention of Terror Suspects A New Legal Framework Routledge Research in Terrorism and the Law Series
Auteur : Webber Diane
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.
Introduction; The Problem; Part 1. Detention Provisions in Human Rights Treaties and Geneva Conventions: 1. Introducing the Treaties2. Detention Provisions 3. Derogation 4. Due Process and Conclusions to Part 1; Part 2. The Seven Countries: 5. United Kingdom6. Three Countries with Strong Foundations in British Law 7. Israel 8. France 9. United States; Part 3. Recommendations 10. Recommendations
Diane Webber is a British solicitor who earned her doctorate at Georgetown University Law Center in Washington D.C. She has worked in London in private practice, focusing on criminal law (particularly white collar fraud), employment and discrimination law, and sports and entertainment law.
Date de parution : 07-2018
15.6x23.4 cm
Date de parution : 01-2016
15.6x23.4 cm
Thèmes de Preventive Detention of Terror Suspects :
Mots-clés :
Independent National Security Legislation Monitor; International Humanitarian Law; Preventive Detention; Preventive Detention Order; Interim Control Order; Detain Terror Suspects; Material Witness Statute; Non-derogating Control Orders; Permanent Resident; GC Iv; Challenge Detention; TPIM Notice; Preventive Detention Laws; NIAC; Special Advocates; Asio Act; Control Order; Unlawful Combatants; Detention Laws; Detention Authority; Asio; Immigration Detention Policy; Afp; IHRL; GC III