Detention In The War On Terror

Author : Fiona de Londras
Publisher : Cambridge University Press
ISBN 13 : 1139500031
Total Pages : 327 pages
Book Rating : 4.36/5 ( download)

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Download or read book Detention in the 'War on Terror' written by Fiona de Londras and published by Cambridge University Press. This book was released on 2011-07-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.

Author : Stephanie Cooper Blum
Publisher : Cambria Press
ISBN 13 : 1604975660
Total Pages : 292 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Necessary Evil of Preventive Detention in the War on Terror written by Stephanie Cooper Blum and published by Cambria Press. This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.

Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437918409
Total Pages : 52 pages
Book Rating : 4.03/5 ( download)

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Download or read book Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2009-12 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.

Author : Laurel Emile Fletcher
Publisher : University of California Press
ISBN 13 : 0520261771
Total Pages : 228 pages
Book Rating : 4.78/5 ( download)

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Download or read book The Guantánamo Effect written by Laurel Emile Fletcher and published by University of California Press. This book was released on 2009-09-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s “war on terror.” Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.

Author : Georgina Born
Publisher : Cambridge University Press
ISBN 13 : 1107310555
Total Pages : 375 pages
Book Rating : 4.51/5 ( download)

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Download or read book Music, Sound and Space written by Georgina Born and published by Cambridge University Press. This book was released on 2013-01-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Music, Sound and Space is the first collection to integrate research from musicology and sound studies on music and sound as they mediate everyday life. Music and sound exert an inescapable influence on the contemporary world, from the ubiquity of MP3 players to the controversial use of sound as an instrument of torture. In this book, leading scholars explore the spatialisation of music and sound, their capacity to engender modes of publicness and privacy, their constitution of subjectivity, and the politics of sound and space. Chapters discuss music and sound in relation to distinctive genres, technologies and settings, including sound installation art, popular music recordings, offices and hospitals, and music therapy. With international examples, from the Islamic soundscape of the Kenyan coast, to religious music in Europe, to First Nation musical sociability in Canada, this book offers a new global perspective on how music and sound and their spatialising capacities transform the nature of public and private experience.

Author :
Publisher :
ISBN 13 :
Total Pages : 61 pages
Book Rating : 4.83/5 ( download)

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Download or read book Treatment of "Battlefield Detainees" in the War on Terrorism written by and published by . This book was released on 2005 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June, 2004, the U.S. Supreme Court ruled in Rasul v. Bush that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad, but left questions involving prisoners rights and status unanswered. The 9/11 Commission recommended a common coalition approach to such detention. The Senate voted to deny detainees access to federal courts to file habeas petitions (S. Amdt. 2524 to S. 1042, Graham Amendment), but to allow limited appeals. The Bush Administration earlier deemed all of the detainees to be unlawful combatants, who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. Fifteen of the detainees have been designated as subject to the President s Military Order of November 13, 2001, making them eligible for trial by military commission. In answer to the Rasul decision, the Pentagon instituted Combatant Status Review Tribunals to provide a forum for detainees to challenge their status as enemy combatants. The Pentagon had earlier announced a plan for annual reviews to determine whether detainees may be released without endangering national security. The President s decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, especially overseas and among human rights organizations, with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW), which they assert requires that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise.

Author : Laurel Emile Fletcher
Publisher : Univ of California Press
ISBN 13 : 0520945220
Total Pages : 229 pages
Book Rating : 4.27/5 ( download)

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Download or read book The Guantanamo Effect written by Laurel Emile Fletcher and published by Univ of California Press. This book was released on 2009-09-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s "war on terror." Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.

Author : Miriam Gani
Publisher : ANU E Press
ISBN 13 : 1921313749
Total Pages : 440 pages
Book Rating : 4.45/5 ( download)

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Download or read book Fresh Perspectives on the 'War on Terror' written by Miriam Gani and published by ANU E Press. This book was released on 2008-07-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

Author : Allan A. Ryan
Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.05/5 ( download)

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Download or read book The 9/11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

Author : Benjamin Wittes
Publisher : Rowman & Littlefield
ISBN 13 : 0815704178
Total Pages : 435 pages
Book Rating : 4.71/5 ( download)

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Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of