The Necessary Evil of Preventive Detention in the War on Terror PDF Download

Author: Stephanie Cooper Blum
Publisher: Cambria Press
ISBN: 1604975660
Category : History
Languages : en
Pages : 292

View

Book Description
"This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.

Author: Hallie Ludsin
Publisher: Cambridge University Press
ISBN: 1316597989
Category : Political Science
Languages : en
Pages : 446

View

Book Description
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.

Author: Diane Webber
Publisher: Routledge
ISBN: 1317385489
Category : Law
Languages : en
Pages : 302

View

Book Description
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:
Publisher: Universal Law Publishing
ISBN:
Category :
Languages : en
Pages : 56

View

Book Description

Author: Silvy Sheetal
Publisher: Notion Press
ISBN: 1636060714
Category : Law
Languages : en
Pages : 225

View

Book Description
The intention behind the book being “Elaborative Description and Easy understanding” of the topic- Preventive Detention. The act which loomed up menacingly from the year of its commencement. Attracting every possible fatalistic comment. Preventive Detention laws are thriving between the need for restraining an individual to such suspicious restrainment hampering the Liberty of the individual in India. The topic is deciphered in a manner approachable to people of every parlance, seeking to learn a word about Preventive Detention Laws, prevailing in India. The book is easy with words, chapter divisions covering the important topics, incidental anecdotes, coverage of important topics, and the easy description, making this book a must-read.

Author:
Publisher: Cambria Press
ISBN: 1621969509
Category :
Languages : en
Pages : 274

View

Book Description

Author: Sakarama Somayaji
Publisher: Taylor & Francis
ISBN: 104004770X
Category : Social Science
Languages : en
Pages : 269

View

Book Description
This book reiterates pluralism as the basic feature of the Indian social sphere. It highlights challenges to the continuity of the plural fabric of India’s society and culture. Acknowledging that socio-political concerns on women’s issues do not always find adequate representation in social science texts, the book explores issues and policies related to gender. It locates the roots of feminist fundamentalism, studies the reactions to it, and brings forth the demands relating to new agendas and strategies for feminism. The authors also present empirical studies on issues faced by minority communities in India. An important contribution, this book will be of interest to scholars and researchers of sociology, political sociology, gender studies, exclusion studies, South Asian studies, Affirmative action, and political science.

Author: Miller, Seumas
Publisher: Edward Elgar Publishing
ISBN: 1800373074
Category : Political Science
Languages : en
Pages : 224

View

Book Description
This insightful book provides an analysis of the central ethical issues that have arisen in combatting global terrorism and, in particular, jihadist terrorist groups, notably Al Qaeda, Islamic State and their affiliates. Chapters explore the theoretical problems that arise in relation to terrorism, such as the definition of terrorism and the concept of collective responsibility, and consider specific ethical issues in counter-terrorism.

Author: Amit R. Das Gupta
Publisher: Taylor & Francis
ISBN: 1315388936
Category : History
Languages : en
Pages : 269

View

Book Description
Cover -- Title -- Copyright -- Contents -- List of maps -- Acknowledgements -- Notes on contributors -- Introduction -- Part 1 Bilateral perspectives -- 1 India's relations with China, 1945-74 -- 2 Foreign Secretary Subimal Dutt and the prehistory of the Sino-Indian border war -- 3 From 'Hindi-Chini Bhai-Bhai' to 'international class struggle' against Nehru: China's India policy and the frontier dispute, 1950-62 -- 4 The strategic and regional contexts of the Sino-Indian border conflict: China's policy of conciliation with its neighbours -- Part 2 International perspectives

Author: Maureen Duffy
Publisher: Bloomsbury Publishing
ISBN: 150990400X
Category : Law
Languages : en
Pages : 369

View

Book Description
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.