Counter-Terrorism and the Detention of Suspected Terrorists: Preventive Detention and International Human Rights Law

ISBN-13: 9780415550512 / Angielski / Twarda / 2011 / 210 str.

Claire Macken

Opis

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 escape justice and walk free to continue their plans.

This book analyses preventative confinement in three models of counter-terrorism policy within the context of international human rights law: an ‘intelligence’ model of counter-terrorism which advocates preventative detention orders; a ‘war’ model which allows for even stricter executive detention orders; and a ‘criminal justice’ model, where pre-charge detention will often be the measure for confinement of suspected terrorists. Counter-terrorism and the Detention of Suspected Terrorists argues that the way forward for Governments in counter-terrorism policy, from an international human rights law perspective, is a suggested model of pre-charge detention. The proposed model law recognises the exigencies of terrorist crime, but still maintains a sufficient threshold for appropriate detention.

The book is written from a global counter-terrorism perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia, as well as jurisprudence from the ECHR.

Recenzje

"Macken looks into what international law has to say about heads of state ordering anyone they want to be hunted down and imprisoned with no more justification than declaring that they might someday commit a terrorist act. He covers the background, history, and practice of preventive detention; the right to personal liberty in international human rights law as a legal framework for considering state preventive detention laws; the preventive detection of suspected terrorists pursuant to a state of emergency in international human rights law; legitimate and illegitimate purpose of preventive detention; and a model law for the detention of suspected terrorists within a criminal law framework."—Book News

Spis treści

1. Preventive Detention – Background, History and Practice 2. The Right to Personal Liberty in International Human Rights Law as a Legal Framework for the Consideration of State Preventive Detention Laws 3. The Preventive Detention of Suspected Terrorists Pursuant to a State of Emergency in International Human Rights Law 4. Legitimate and Illegitimate Purposes of Preventive Detention 5. The Way Forward – A Model Law for the Detention of Suspected Terrorists within a Criminal Law Framework 6. Conclusions as to the Preventive Detention of Suspected Terrorists in International Law

O autorze

Dr Claire Macken is the Associate Head of School (Teaching and Learning) in the School of Law at Deakin University, Australia.