Counterterrorism and Investigative Detention


Book Description

Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.




Counterterrorism and the Comparative Law of Investigative Detention


Book Description

"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah







Terrorism


Book Description

This handbook introduces the reader to the field of terrorism investigation. Describing how terrorists operate and how they differ from other criminals, it provides an outline of how terrorism investigations should be conducted. By helping investigators to develop skills and knowledge, this guide helps them to prepare prosecutable cases against terrorists.




Terrorism and Counterintelligence


Book Description

Discussing the challenges terrorist groups face as they multiply and plot international attacks, while at the same time providing a framework for decoding the strengths and weaknesses of their counter-intelligence, Blake W. Mobley offers an indispensable text for the intelligence, military, homeland security, and law enforcement fields.




Counter-Terrorism and Beyond


Book Description

This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.




Imagining Justice for Syria


Book Description

Focused on the international community's response to the conflict in Syria, this is a book about the inexorable quest for justice, even in the face of seemingly impenetrable obstacles erected by actors intent on ensuring impunity. It features a number of creative ideas emerging from states and civil society actors intent on pursuing justice for atrocities in Syria




Legislating the War on Terror


Book Description

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




Comparative Counter-Terrorism Law


Book Description

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.




Handbook on Criminal Justice Responses to Terrorism


Book Description

Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms