|
Showing 1 - 9 of
9 matches in All Departments
In 2006, the United Nations urged Member States to ensure that
counter terrorism policies guaranteed respect for human rights and
the rule of law. This book demonstrates that, in many cases,
counter terrorism policies relating to preventive detention,
targeted killing and measures relating to returning foreign
terrorist fighters have failed to respect human rights, and this
encourages vulnerable people to be drawn towards supporting or
committing acts of terrorism. Furthermore, in recent years,
jurisprudence and public opinion in some countries have shifted
from being at one stage more protective of human rights, to an
acquiescence that some particularly draconian counter terrorism
methods are necessary and acceptable. This book analyzes why this
has happened, with a focus on the United States, United Kingdom,
and Israel, and offers suggestions to address this issue. The work
will be essential reading for students, academics and policy-makers
working in the areas of human rights, humanitarian law, and counter
terrorism.
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.
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.
|
You may like...
Morbius
Jared Leto, Matt Smith, …
DVD
R179
Discovery Miles 1 790
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|