Counter-terrorism and the detention of suspected terrorists:preventive detention and international human rights law 상세정보

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Counter-terrorism and the detention of suspected terrorists:preventive detention and international human rights law

Macken, Claire

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서지사항정보
자료유형	단행본
개인저자	Macken, Claire
서명/저자사항	Counter-terrorism and the detention of suspected terrorists:preventive detention and international human rights law:Claire Macken
발행사항	Milton Park, Abingdon, Oxon;New York, NY:Routledge,c2011
형태사항	xxii, 208 p. ;25 cm
총서사항	Routledge research in terrorism and the law.
ISBN	9780415550512 (hbk. : alk. paper) 9780203819258 (ebk.)
서지주기	Includes bibliographical references (p. [173]-197) and index.
요약	"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 evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the "principle of proportionality"; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR"--
요약	"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 evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the 'principle of proportionality'; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR"--
해제	Provided by publisher.
해제	Provided by publisher.
일반주제명	Preventive detention. Terrorism -- Prevention -- Law and legislation. Human rights.

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등록번호, 소장위치, 도서상태 등으로 구성된 소장도서의 목록
No.	등록번호	청구기호	소장처	도서상태	반납예정일	예약	서비스
1	WM6025	345.0527 M155c	인권도서관/인권도서관/	대출가능

-- Preventive detention : background, history and practice
-- The right to personal liberty in international human rights
-- The preventive detention of suspected terrorists pursuant to a state of emergency in international human rights law
-- Legitimate and illegitimate purposes of preventive detention
-- The way forward : a model law for the detention of suspected terrorists within a criminal law framework
-- Conclusions as to the preventive detention of suspected terrorists in international law.

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