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: Lynne Zusman
Publisher: Amer Bar Assn
Release Date: 2014
The newest title to focus on a relevant and recurring topic, The Fundamentals of Counterterrorism Law dives into the basic legal framework surrounding the many parts of dealing with terrorism - covering such critical topics of international investigations, national security law, ethics, privitization, drones, cyberterrorism and much more. Written by admirable and experts in the field of terrorism, these authors offer an astounding view into the current laws and justification for the governmental responses stemming from the September 11, 2001 attacks.
Author: Andrew Lynch
Release Date: 2010-06-10
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.
Author: Jimmy Gurulé
Publisher: West Academic Publishing
Release Date: 2011
The book examines the Military Response, analyzing legal issues related to treating terrorism as an armed conflict. These include the legal authority to use military force; determining when the law of armed conflict comes into force; the law of targeting and how this authority is applied to terrorist operatives; preventive detention; and prosecution of terrorists by military commission. The book also analyzes the Law Enforcement Response to international terrorism, including the legal framework for gathering counter-terrorism intelligence information, prosecuting terrorists and their sponsors, and freezing terrorist assets, domestically and internationally. Finally, the book examines the federal statutes authorizing civil liability for personal injury or death caused by acts of international terrorism.
Most of the research aimed at counterterrorism, fraud detection, or other forensic applications assumes that this is a specialized application domain for mainstream knowledge discovery. Unfortunately, knowledge discovery changes completely when the datasets being used have been manipulated in order to conceal some underlying activity. Knowledge Discovery for Counterterrorism and Law Enforcement operates from the premise that detection algorithms must be rethought to be effective in this domain, and presents a new approach based on cutting-edge analysis for use in adversarial settings. Reveals How Criminals Conceal Information This volume focuses on four main forms of knowledge discovery: prediction, clustering, relationship discovery, and textual analysis. For each of these application areas, the author discusses opportunities for concealment that are available to criminals and reveals some of the tactics that can aid in detecting them. He reviews what is known about the different technologies for each area and evaluates their effectiveness. The book also supplies a preview of technologies currently under development and describes how they will fit in to existing approaches to knowledge discovery. Provides Proactive Formulas for Staying One Step Ahead of Adversaries While all knowledge-discovery systems are susceptible to manipulation, designers and users of algorithmic systems who are armed with the knowledge of these subversive tactics are better able to create systems to avoid these vulnerabilities. This book delineates an effective process for integrating knowledge-discovery tools, provides a unique understanding of the limits of the technology, and contains a clear presentation of the upsides and pitfalls of data collection. It is a powerful weapon in the arsenal of anyone confronting the increasingly sophisticated tactics employed by lawbreakers and other unsavory individuals.
Author: Ana Salinas de Frías
Publisher: Oxford University Press
Release Date: 2012-01-19
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
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
Author: Fiona de Londras
Release Date: 2015-04-10
Genre: Political Science
Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.
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: Margaret L. Satterthwaite
Release Date: 2013
In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most--both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism--and human rights into a gendered analysis of counter-terrorism--this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.
Author: Andrea Bianchi
Publisher: Bloomsbury Publishing
Release Date: 2008-07-30
Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.