Download Terror Detentions and the Rule of Law: US and UK by Robert H. Wagstaff PDF

By Robert H. Wagstaff

After the Sep 11 terrorist assaults, the us and the uk detained suspected terrorists in a fashion incompatible with the due method, reasonable trial, and equality standards of the guideline of legislations. The legality of the detentions used to be challenged and located short of by way of the top courts within the US and united kingdom. the united states courts approached those questions as concerns in the legislation of struggle, while the united kingdom courts tested them inside of a human rights felony legislations context.

In Terror Detentions and the guideline of legislation: US and united kingdom Perspectives, Dr. Robert H. Wagstaff files President George W. Bush's and best Minister Tony Blair's responses to Sept. 11, alleging that they did not shield the human rights of people suspected of terrorist task. The analytical concentration is at the 4 US ideal courtroom judgements regarding detentions in Guantanamo Bay and 4 condominium of Lords judgements regarding detentions that started within the Belmarsh felony. those judgements are analyzed in the contexts of background, felony legislation, constitutional legislations, human rights and overseas legislations, and diverse jurisprudential views. during this booklet Dr. Wagstaff argues that time-tested felony legislation is the normatively right and most appropriate potential for facing suspected terrorists. He additionally means that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the household and overseas Rule of legislation, treaties and common foreign legislation. As such, new felony paradigms for addressing terrorism are proven to be normatively invalid, unlawful, unconstitutional, counter-productive, and in clash with the rule of thumb of legislation.

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But there is no excuse for how President Bush and his advisers panicked—how they forgot that it is their responsibility to protect American lives and American ideals, that there really is no safety for Americans or their country when those ideals are sacrificed. Out of panic and ideology, President Bush squandered America’s position of moral and political leadership, swept aside international institutions and treaties, sullied America’s global image, and trampled on the constitutional pillars that have supported our democracy through the most terrifying and challenging times.

J Yoo, ‘The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them: Memorandum Opinion for the Deputy Counsel to the President’ (September 25, 2001). J Bybee, ‘The President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations’ (March 13, 2002). N Lewis, ‘Memos Reveal Scope of Power Bush Sought Fighting Terror’, New York Times (March 3, 2009). United States. Department of Justice. Office of Legal Counsel, ‘Memorandum for William J Haynes II from John Yoo Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States’ (March 14, 2003).

Echoing the New York Times editorial, one month later UK columnist Simon Jenkins similarly and succinctly describes the ‘War on Terror’ that has permeated and defined government actions in both the United States and the United Kingdom since September 11, 2001: To Bush, the ‘war on terror’ is the ruling mantra of his politics of fear. Since 9/11 gave a prop to his weakening presidency, his language has scaled new heights of alarmist rhetoric. It has validated every internal repression and every external war.

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