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

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 through 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 enormously motivated via either well known 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 overseas human rights legislation has in most cases resisted the problem to the precise to be unfastened from arbitrary detention, mostly due to its relative insulation from counter-terrorist panic. She argues that this resilience steadily emboldened stronger courts within the US and united kingdom to withstand repressive detention legislation and regulations and demand upon higher rights-protection for suspected terrorists.

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Posner and A. Vermeule, ‘Accommodating Emergencies’ (2003) 56 Stanford Law Review 605. For a detailed consideration of these competing views see F. Nı´ Aola´in and O. Gross, Law in Times of Crisis: Emergency Powers in Theory and Practice (2007, Cambridge; Cambridge University Press), pp. 79–85. D. Luban, ‘Eight Fallacies about Liberty and Security’ in Wilson, R. ), Human Rights in the ‘War on Terror’ (2005, Cambridge; Cambridge University Press), p. 242 at p. 243. , F. Gareau, The United Nations and Other International Institutions: A Critical Analysis (2003, Chicago, IL; Burnham), pp.

88 Bearing in mind the reality of genuinely felt popular panic among ‘the people’, the political imperative towards 86 87 88 See, in particular, P. Hillyard, Suspect Communities: People’s Experience of the Prevention of Terrorism Acts in Britain (1993, London; Pluto Books); D. Cole, ‘The New McCarthyism: Repeating History in the War on Terrorism’ (2003) 38 Harvard Civil Rights and Civil Liberties Law Review 1; E. Rostow, ‘The Japanese American Cases – A Disaster’ (1945) 54 Yale Law Journal 489; A.

N. Gronewold, ‘Western Donations Lag for Pakistan Flood Victims’ New York Times, 17 August 2010. 30 panic, fear and counter-terrorist law-making government (for security, on the one hand, and an expansion of power on the other) coincide in times of panic to allow for governmental action that would be unlikely to be accepted in ‘normal’ circumstances and is tolerated (if not always fully supported) because of the ‘extraordinary circumstances’ that prevail. That is not, however, a universally accepted view.

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