Author: Stephen Dycus
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-06-17
The Third Edition of Counterterrorism Law not only updates the leading casebook in this field with recent developments, but also adds new chapters on bulk collection, the structure of habeas, and the procedural path to terrorism trials. This edition also includes new features that make these challenging materials easier to read and teach: introductory questions for principal cases, and a summary of basic principles at the end of each chapter. A comprehensive Teacher’s Manual gives adopters helpful additional backup. New to the Third Edition: Important recent cases, including: • American Civil Liberties Union v. Clapper (2015) • In re Application of the Federal Bureau of Investigation (2015) • Ibrahim v. Dept. of Homeland Security (2014) • Turkmen v. Hasty (2015) • Hedges v. Obama (2013) • Aamer v. Obama (2014) • Al Bahlul v. United States (2015) Other significant new materials: • materials on the U.S. intervention in Syria and operations against ISIL • materials on standards for targeted killing • a new chapter on bulk collection and data-mining • re-organized chapters on intelligence methods, the organization of the intelligence community, and intelligence operations • re-organized chapters on “enhanced interrogation,” including the SSCI report Features Table of Cases, Third Edition Index, Third Edition Preface / Sample Chapters Preface, Third Edition
Author: Christopher E. Bailey
Release Date: 2019-02-14
This book offers a comparative analysis of counter-terrorism law and practice in the East African Community, including compliance with international human rights and humanitarian law. Bailey offers legal reform recommendations to achieve better compliance with international legal obligations.
Author: Charles A. Shanor
Release Date: 2011
This casebook, in a logical and student-friendly format, presents the challenges that terrorism poses to the law. The decisions of Congress, the President, and the courts are organized around various counterterrorism strategies and processes. Strategies used in the United States are compared with those of other nations. The cases and notes explore fascinating issues seldom found elsewhere in law schools such as, crimes punishing speech; warrantless searches and seizures; data mining; foreign intelligence surveillance; extraordinary rendition; state secrets; lengthy military detention; enhanced interrogation techniques; unusual trial forums and processes; targeted killings; immigration sweeps; and compensation barriers. Illustrations include: boundary-blurring between criminal and military law reconsideration of traditional detention and interrogation practices mingling of investigation and intelligence-gathering exceptions to constitutional protections of individual rights new fault lines between courts, the executive, and Congress modifications to the law of armed conflict revisions to immigration law unique aspects of compensation systems related to terrorism. The book is structured into the following chapters and topics: Chapter I provides a broad brush introduction, primarily non-legal, to terrorism and counterterrorism, a short substitute for an undergraduate overview of this field. Chapters II and III explore antiterrorism criminal law (including punishments) and criminal procedures related to finding terrorists. Chapter IV then examines in detail a specific investigatory tool, foreign intelligence surveillance. Chapters V-VII present the legal battles over civilian and military detention and interrogation of alleged terrorists and the processes (mainly habeas corpus) for ending detention. Trial processes concerning defendants c
Author: Cian C Murphy
Publisher: Bloomsbury Publishing
Release Date: 2012-06-08
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the "war on terror†? before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Author: Katja LH Samuel
Publisher: A&C Black
Release Date: 2014-07-18
The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life.
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
Release Date: 2013-09-30
Genre: Political Science
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology.
Author: Lynne K. Zusman
Publisher: Amer Bar Assn
Release Date: 2011
This important and ground-breaking work addresses the multiple facets of legal authority that affect our ability to fight transnational terrorism. Over the last decade, the American public has benefited from the work of many federal agencies. This book examines in detail the roles they play, the highly esoteric nature of counterterrorism law and the importance of adhering to the rule of law when engaged in counterterrorism.
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Release Date: 2012-01-12
Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.
Author: Steven J. Barela
Release Date: 2014-03-05
Genre: Political Science
This interdisciplinary book explores how terrorism is meant to target a government’s legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century—between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators—has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government’s counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.
Author: Stephen Dycus
Publisher: Aspen Publishers
Release Date: 2010-08-18
To ensure that you have the most up-to-date and complete materials for your National Security Law or Counterterrorism Law class, be sure to use National Security Law and Counterterrorism Law, 2009-2010 Supplement . New to this edition: Attorney General's Guidelines for Domestic FBI Investigations (Oct. 2008) Ashcroft v. Iqbal (S. Ct. May 18, 2009) Al Maqaleh v. Gates (D.D.C. Apr. 2, 2009) Office of the Attorney General, The Freedom of Information Act (FOIA) (Mar. 19, 2009) Gates v. Syrian Arab Republic (D.D.C. Sept. 26, 2008 Boim v. Holy Land Found. for Relief and Dev. (Boim III) (7th Cir. en banc Dec. 3, 2008) Republic of Iraq v. Beaty (S. Ct. June 8, 2009) In re Directives (Redacted Text] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act (FISA Ct. Rev., Aug. 22, 2008). John Doe v. Mukasey (Doe V)(2d Cir. Dec. 15, 2008). In re Terrorist Bombings of U.S. Embassies in East Africa (Fourth Amendment Challenges) (2d Cir. Nov. 24, 2008). Boumediene v. Bush (D.D.C. Nov. 20, 2008). The Obama Executive Orders of Jan. 22, 2009. Al-Marri v. Spagone (S. Ct. Mar. 6, 2009). DOJ Memo re Detention Authority (Mar. 19, 2009) Senate Armed Services Committee Inquiry into the Treatment of Detainees in U.S. Custody (Executive Summary) (Dec. 11, 2008) OLC memo, Authority for the Use of Force Within the United States (Oct. 6, 2008)
Author: Dean T. Olson
Publisher: Charles C Thomas Publisher
Release Date: 2012-05-01
Genre: Political Science
Police officers on the beat, officers on patrol, all cops - local, state, tribal and federal, 750,000 strong - doing what they do every day are the first and most effective line of defense against terrorist acts committed in the Homeland. This manual is designed to overcome the failure of our national counter-terrorist strategy to better utilize local cops in homeland security by providing essential and practical knowledge local officers can use to identify terrorist precursor activities and more effectively interdict and prevent terrorist attacks from occurring. The goal is to acquaint officers with proactive “first preventer” knowledge and tactics so they can make police counterterrorism an integral part of their duties. Numerous case studies flesh out concepts such as terrorism, homeland security, terrorist threats posed by different terror groups, police counterterrorism intelligence, lone wolf terrorism, behavioral indicators of Islamist radicalization, terrorist tradecraft, terrorism indicators and warning signs, the terrorist attack cycle, terrorist attack tactics such as sniping, weapons of mass destruction, arson, improvised explosive devices (IEDs), suicide bombing tactics and surveillance detection techniques. This manual is an excellent source of basic to intermediate training for intelligence analysts, members of Joint Terrorism Task Forces, criminal intelligence investigators, and all police officers.