Detention in the 'War on Terror'
Detention in the 'War on Terror'

Author: Fiona de Londras

Publisher: Cambridge University Press

Published: 2011-07-28

Total Pages: 327

ISBN-13: 1139500031

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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.

The Necessary Evil of Preventive Detention in the War on Terror
The Necessary Evil of Preventive Detention in the War on Terror

Author: Stephanie Cooper Blum

Publisher: Cambria Press

Published: 2008

Total Pages: 292

ISBN-13: 1604975660

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"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.

Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. )
Treatment of

Author: Jennifer K. Elsea

Publisher: DIANE Publishing

Published: 2009-12

Total Pages: 52

ISBN-13: 1437918409

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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.

The Guantánamo Effect
The Guantánamo Effect

Author: Laurel Emile Fletcher

Publisher: University of California Press

Published: 2009-09-01

Total Pages: 228

ISBN-13: 0520261771

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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.

Treatment of "Battlefield Detainees" in the War on Terrorism
Treatment of

Author:

Publisher:

Published: 2005

Total Pages: 61

ISBN-13:

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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.

Music, Sound and Space
Music, Sound and Space

Author: Georgina Born

Publisher: Cambridge University Press

Published: 2013-01-17

Total Pages: 375

ISBN-13: 1107310555

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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.

Fresh Perspectives on the 'War on Terror'
Fresh Perspectives on the 'War on Terror'

Author: Miriam Gani

Publisher: ANU E Press

Published: 2008-07-01

Total Pages: 440

ISBN-13: 1921313749

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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.

Preventive Detention in the War on Terror
Preventive Detention in the War on Terror

Author: Stephanie Blum

Publisher:

Published: 2008

Total Pages: 233

ISBN-13:

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(U) After September 11, 2001, the Bush Administration decided to detain certain individuals suspected of being members or agents of al Qaeda or the Taliban as enemy combatants and hold them indefinitely and incommunicado for the duration of the war on terror. The rationale behind this system of preventive detention is to incapacitate suspected terrorists, facilitate interrogation, and hold them when traditional criminal charges are not feasible for a variety of reasons. While the rationale for preventive detention is legitimate and the need for preventive detention real, the current Administration's approach has been reactionary, illogical, and probably unconstitutional. This thesis 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 nonpartisan methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this thesis 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. Note: This thesis was published as a book by Cambria Press in November 2008. The book is entitled The Necessary Evil of Preventive Detention in the War on Terror: a Plan for a More Moderate and Sustainable Solution. An excerpt of the thesis based on Chapter V was published by Homeland Security Affairs in October 2008 (http://www.hsaj.org/?article=4.3.1). An excerpt based on Chapters III and IV, entitled The Why and How of Preventive Detention in the War on Terror, will be published by The Thomas M. Cooley Law Review in the Spring of 2009.

Detention of Terrorism Suspects
Detention of Terrorism Suspects

Author: Maureen Duffy

Publisher: Bloomsbury Publishing

Published: 2018-02-08

Total Pages: 313

ISBN-13: 1509904018

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Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.

The Detention of Unlawful Enemy Combatants During the War on Terror
The Detention of Unlawful Enemy Combatants During the War on Terror

Author: Colleen E. Hardy

Publisher: LFB Scholarly Publishing

Published: 2009

Total Pages: 250

ISBN-13: 9781593325718

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Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.