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.
General
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