Extraordinary Measures: A Comparative Approach to Crafting a New Legal Framework for Preventive Detention of Suspected Terrorists
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Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This dissertation undertakes to fill that analytical gap by analyzing and comparing in depth the laws relating to detention of terror suspects in a sample of seven countries, detention under the LOAC, as well as the principles relating to detention in five general human rights treaties. The sample highlights some conceptual problems and demonstrates that the procedures governing the use of preventive detention are deficient in each framework.
© 2014 Diane Webber
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