Download Detention in the 'War on Terror': Can Human Rights Fight by Fiona de Londras PDF

By Fiona de Londras

Fiona de Londras provides an outline of counter-terrorist detention within the US and the united kingdom and the makes an attempt by means of either states to accomplish a downward recalibration of overseas human rights criteria as they follow in an emergency. Arguing that the layout and implementation of this coverage has been tremendously prompted by way of either renowned and synthetic panic, Detention within the 'War on Terror' addresses counter-terrorist detention via an unique analytic framework. not like household legislations within the US and united kingdom, de Londras argues that foreign human rights legislations has in most cases resisted the problem to the fitting to be loose from arbitrary detention, mostly due to its relative insulation from counter-terrorist panic. She argues that this resilience steadily emboldened better courts within the US and united kingdom to withstand repressive detention legislation and regulations and demand upon better rights-protection for suspected terrorists.

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Ibid. 32 panic, fear and counter-terrorist law-making introduced to justify the acknowledged risk of making more errors more often. 82 The main difficulty with this claim, however, is the authors’ failure to acknowledge that the rapidity of decision-making they identify within a time of crisis may carry with it a risk to rights-protection that is amplified by the fear or panic the decision-maker feels; the authors deal inadequately with the availability heuristic and accompanying confirmation bias considered above.

L. Feldman, ‘The Banality of Emergency: On the Time and Space of “Political Necessity”’ in Sarat, A. ), Sovereignty, Emergency, Legality (2010, Cambridge; Cambridge University Press), p. 136 at p. 136. C. ) and oversees the granting and implementation of warrants for surveillance of suspected foreign intelligence officers theorising panic 21 difficult to understand why suspected terrorist detainees have been denied habeas corpus or have had their capacity to subject their detention to review severely limited.

Rehman, ‘Religion, Minority Rights and Muslims of the United Kingdom’ in Rehman, J. and Breau, S. ), Religion, Human Rights and International Law: A Critical Examination of Islamic State Practices (2007, The Hague; Martinus Nijhoff), p. 521. For more on the representation of Muslims as a threat by the media, politicians, public, interest groups, and foreign-policy elites, see further F. Gerges, ‘Islam and Muslims in the Mind of America’ (2003) 588 Annals of the American Academy of Political and Social Science 73.

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