Counter-terrorism and the Detention of Suspected Terrorists: Preventive Detention and International Human...

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Claire Macken (Deakin University, Australia)

Counter-terrorism and the Detention of Suspected Terrorists

Preventive Detention and International Human Rights Law

Claire Macken (Deakin University, Australia)

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English

Routledge
12 April 2013

Social & political philosophy; Human rights; Jurisprudence & general issues; International human rights law

Series: Routledge Research in Terrorism and the Law

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.

By: Claire Macken (Deakin University Australia)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 13mm
Weight: 453g
ISBN: 9780415859219
ISBN 10: 0415859212
Series: Routledge Research in Terrorism and the Law
Pages: 232
Publication Date: 12 April 2013
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Dr Claire Macken is the Associate Head of School (Teaching and Learning) in the School of Law at Deakin University, Australia.

Reviews for Counter-terrorism and the Detention of Suspected Terrorists: Preventive Detention and International Human Rights Law

Macken looks into what international law has to say about heads of state ordering anyone they want to be hunted down and imprisoned with no more justification than declaring that they might someday commit a terrorist act. He covers the background, history, and practice of preventive detention; the right to personal liberty in international human rights law as a legal framework for considering state preventive detention laws; the preventive detection of suspected terrorists pursuant to a state of emergency in international human rights law; legitimate and illegitimate purpose of preventive detention; and a model law for the detention of suspected terrorists within a criminal law framework. -Book News