By Mary L. Volcansek, John F. Stack Jr
Given that precedent days, terror strategies were used to accomplish political ends and certain will proceed into the foreseeable destiny. conserving nationwide defense and the protection of civilian populations whereas protecting democratic ideas and respecting human rights calls for a fragile balancing act. In democracies, tracking that stability regularly falls to the courts. Courts and Terrorism examines how judiciaries in 9 separate international locations have spoke back, not only to the present wave of Al Qaeda threats, but in addition to nacro-trafficking, household terrorism, and arranged crime syndicates. Terrorism isn't a brand new phenomenon, or even although the reactions have assorted considerably, universal issues emerge. This quantity discusses 11 case stories and analyzes the stories of those quite a few international locations of their battles with terrorism to bare the judicial situation for democratic governance and the rule of thumb of legislations within the twenty-first century.
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Additional resources for Courts and Terrorism: Nine Nations Balance Rights and Security
Finally, to be sure, the Court has not addressed issues relating to the government’s treatment, even torture, of post–9/11 detainees. Yet that is another (unfolding) story (see Mayer, 2008; Levinson, 2004; Markon and White, 2008: A6). S. S. Supreme Court jurisprudence. S. Supreme Court. S. S. Supreme Court has declined (Liptak, 2008). S. Supreme Court jurisprudence as antiquated and out of step with modern constructions of global rights and obligations. Although several aspects of American legal practice had garnered international disfavor even before September 11, notably the nation’s continued legal support for the death penalty, the “War on Terror” and its concurrent destruction of civil liberties, embrace of torture and indefinite detention, and contempt for procedural justice have led many to view the American government as the prototypical abuser of rights rather than a guarantor.
Bush (2004), the Court initially reviewed cases involving detained foreign nationals captured in Afghanistan and Pakistan, where the central question was whether federal courts had jurisdiction over challenges to the legality of holding foreign nationals in a naval base on Guantanamo Bay. Two Australian citizens and twelve Kuwaiti citizens who were captured in Afghanistan and held at Guantanamo filed petitions for writs of habeas corpus, seeking access to counsel, release from custody, and review by an independent tribunal or a federal court.
Notably, though, instead of trying Hamdi, Bush’s Department of Justice reached a plea agreement and returned Hamdi to Saudia Arabia. S. citizenship, to never return to the United States, and to submit to other restrictions. The administration also decided to repatriate or release some 500 other detainees, reducing the number held at Guantanamo to about 270; 5 died in detention (White, 2008: A1; see also Eggan and White, 2008: A1). S. citizen detained as an “enemy combatant,” Jos´e Padilla, was seized under very different circumstances.
Courts and Terrorism: Nine Nations Balance Rights and Security by Mary L. Volcansek, John F. Stack Jr