Using Legal Process to Fight Terrorism

Using Legal Process to Fight Terrorism
Author: Laura Dickinson
Publisher:
Total Pages: 86
Release: 2017
Genre:
ISBN:

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Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite, has swelled. In November 2001, President Bush issued an executive order asserting the authority to use military commissions to try individual terrorism suspects captured by the United States. Such commissions would be conducted unilaterally and would not be required to include procedural safeguards to protect the rights of the accused. This crisis has forced us to revisit the question of what the rule of law gets us as a nation and as a people. This article argues that the Administration's treatment of detainees and the military commissions run counter to the rule of law - both domestically, by violating American constitutional protections, and internationally, by flouting established principles of international law. Far from being a straight-jacket that threatens our security, respect for legal process values and international law, will actually best serve our long-term strategic interests in containing terrorism. This article also considers how an international tribunal process could be initiated expeditiously and two alternative "quasi-international" models that have received insufficient consideration thus far. The law skeptics' perspective is also addressed at a more theoretical level, offering some tentative observations about the importance of fair adjudicatory processes despite the fact that societies are always to some degree riven by conflict.

Law and Liberty in the War on Terror

Law and Liberty in the War on Terror
Author: Andrew Lynch
Publisher: Federation Press
Total Pages: 276
Release: 2007
Genre: Juvenile Nonfiction
ISBN: 9781862876743

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How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia

Counter-Terrorism and International Law

Counter-Terrorism and International Law
Author: Katja L.H. Samuel
Publisher: Routledge
Total Pages: 638
Release: 2017-03-02
Genre: Law
ISBN: 1351948164

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The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.

Routledge Handbook of Law and Terrorism

Routledge Handbook of Law and Terrorism
Author: Genevieve Lennon
Publisher: Routledge
Total Pages: 507
Release: 2015-07-16
Genre: Law
ISBN: 1134455097

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In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

International Instruments Related to the Prevention and Suppression of International Terrorism

International Instruments Related to the Prevention and Suppression of International Terrorism
Author: United Nations
Publisher: United Nations Publications
Total Pages: 0
Release: 2008
Genre: Social Science
ISBN: 9789211337778

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THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.

Counter-Terrorism

Counter-Terrorism
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
Total Pages: 1229
Release: 2012-01-19
Genre: Law
ISBN: 019960892X

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Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

The War On Our Freedoms

The War On Our Freedoms
Author: Richard C. Leone
Publisher: Public Affairs
Total Pages: 338
Release: 2003-06-19
Genre: History
ISBN: 9781586482107

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Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.

Legal Responses to Terrorism

Legal Responses to Terrorism
Author: Wayne McCormack
Publisher: LexisNexis/Matthew Bender
Total Pages: 728
Release: 2008
Genre: Terrorism
ISBN:

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View or download the 2011 Online Supplement for this product. The Second Edition of this book deals with many developments occasioned by the so-called "war on terror" of the last few years. It provides the bases for using the legal tools available for combating terrorism (prosecution, intelligence, and military action) while addressing the limits that ought to be applied to each of those within the framework of the rule of law. This edition necessarily deals with unauthorized surveillance, the torture controversy, targeted killings, and military detentions. To advance the rule of law while promoting security of the populace, the book addresses these areas: Investigation, apprehension, and prosecution of alleged terrorism incidents, extraterritorial enforcement of U.S. law, and prosecution of material support for terrorism; Development of the international law of war and international criminal law as they might apply in both prosecution and defense of alleged terrorists; The need of government for information with all that need implies: intelligence gathering, surveillance, controls on interrogation techniques, government secrecy, ethnic profiling, rights of privacy, and civil liberties; and Military and executive detentions without trial and the operation of military tribunals. The book concludes with opinions from the Supreme Court of Israel, the U.K. House of Lords, and the Supreme Court of Canada that focus explicitly on claims for emergency power to derogate civil liberties. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Terrorism, Rights and the Rule of Law

Terrorism, Rights and the Rule of Law
Author: Barry Vaughan
Publisher: Routledge
Total Pages: 240
Release: 2013-05-13
Genre: Social Science
ISBN: 1134004621

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The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.

Counter-Terrorism and the Use of Force in International Law

Counter-Terrorism and the Use of Force in International Law
Author:
Publisher: DIANE Publishing
Total Pages: 107
Release: 2002
Genre:
ISBN: 1428960821

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In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.