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Counter-terrorism and the Detention of Suspected Terrorists : Preventive Detention and International Human Rights Law.
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 te...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor & Francis,
2011.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Counter-terrorism and the Detention of Suspected Terrorists Preventive Detention and International Human Rights Law; Copyright; Contents; Preface; Acknowledgements; Table of cases; Table of legislation; Table of treaties; 1 Preventive detention: background, history and practice; A definition of 'preventive detention'; First: preventive detention permits 'detention'; Second: preventive detention is an executive order; Third: preventive detention is for a 'preventive purpose' and not for the purpose of criminal charge, prosecution or interrogation.
- Examples of preventive detention can be found in times of war, for the purposes of public order and counter-terrorismPreventive detention as a response to Northern Ireland terrorism in the 1970s; Preventive detention as a response to the First and Second World Wars in the United Kingdom and United States; Preventive detention for the purpose of public order across the world; Binding over as a form of preventive detention; 'Dangerous person' preventive detention; Preventive detention of the mentally ill, vagrants, drug addicts and infectious; Immigration detention for a preventive purpose.
- The legality of preventive detention in international lawThe structure of this monograph; 2 The right to personal liberty in international human rights law as a legal framework for the consideration of state preventive detention laws; The history of personal liberty; An interpretation of Article 9 ICCPR; The prohibition on arbitrary arrest and detention in Article 9(1) ICCPR imposes a higher standard than the principle of legality; The meaning of the prohibition on arbitrary detention was further clarified in the Mandate of the Working Group on Arbitrary Detention.
- The meaning of the prohibition on arbitrary detention in Article 9(1) ICCPR can be further ascertained from several key cases of the Human Rights CommitteeThe Human Rights Committee provided some early guidance on the meaning of Article 9(1) ICCPR; 'Arbitrary detention' includes elements of 'inappropriateness', 'injustice', 'lack of predictability' and 'necessity': Hugo van Alphen; 'Arbitrary detention' also requires necessity and proportionality: A v Australia; The Human Rights Committee has emphasised the requirement of 'proportionality' in applying Article 9(1) ICCPR on several occasions.
- The meaning of the principle of proportionality in Article 9(1) ICCPR in international law and in times of terrorismArticle 5 ECHR as an alternative legal framework for the consideration of state preventive detention laws; Article 5(1)(c) ECHR requires detention to be linked to a 'concrete and specific offence'; Article 5(1)(c) ECHR incorporates the principle of proportionality; Minimum procedural human rights safeguards apply under Article 9(2)-(5) ICCPR and Article 5(2)-(5) ECHR; The right to be informed of the reasons for detention.