Constitutional Limits on Coercive Interrogation

Author: Amos N. Guiora
Publisher: Oxford University Press
ISBN: 0190450843
Format: PDF, Mobi
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On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.

Modern Geopolitics and Security

Author: Amos N. Guiora
Publisher: CRC Press
ISBN: 1466569263
Format: PDF, ePub
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The transformation from traditional war between nation-states to conflict between nation-states and nonstate actors requires decision makers, policy analysts, military commanders, intelligence officials, and legislators to answer the question: is there a strategy for an unwinnable conflict? This question takes on particular urgency given the extraordinary number of conflict points that define the current state of international relations. Modern Geopolitics and Security: Strategies for Unwinnable Conflicts draws on the author's extensive experience in counterterrorism, negotiation, and the implementation of the Oslo Peace Process with his more recent work in academia. The book uses an interdisciplinary case study model to illustrate valuable lessons learned and best practices in strategic analysis and decision making that are based on international relations, international law, and negotiation/intervention. The book defines sovereignty, intervention, geopolitics, security, and what they mean in a global landscape. It examines historical examples of global crises and security concerns as well as contemporary geopolitical issues, including the Israeli-Palestinian conflict, intervention in Libya, non-intervention in Syria, the Good Friday Agreement, the conflict in the former Yugoslavia, and the Arab Spring. We are entering a new era, where disaffected individuals who are willing and able to act, have more power and potential influence than ever before. Conflicts like those occurring in Egypt, Syria, Afghanistan, Iraq, Israel, and elsewhere are all complex organisms—nuanced as never before. Add in increasing regional asymmetrical conflicts, increasing global economic strain, social media and the accelerating speed of communication, ideological and regional state versus nonstate conflicts—such as in the case of al-Qaeda and other such movements—and traditional "business as usual" geopolitics is being somewhat turned on its head. Modern Geopolitics and Security addresses topics that aren’t currently covered anywhere–establishing a new paradigm to rethink modern geopolitics, given new and emerging challenges to traditional schools of thought. View an article by Amos N. Guiora that recently appeared in the The New York Times..

Routledge Handbook of Law and Terrorism

Author: Genevieve Lennon
Publisher: Routledge
ISBN: 113445516X
Format: PDF, ePub, Mobi
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In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

Discourses and Practices of Terrorism

Author: Bob Brecher
Publisher: Routledge
ISBN: 1135156506
Format: PDF, Mobi
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This interdisciplinary book investigates the consequences of the language of terror for our lives in democratic societies.

The resilient homeland

Author: United States. Congress. House. Committee on Homeland Security. Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment
Publisher:
ISBN:
Format: PDF, Kindle
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Terror in the Balance

Author: Eric A. Posner
Publisher: Oxford University Press on Demand
ISBN: 019531025X
Format: PDF, ePub, Mobi
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In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Global Perspectives on Counterterrorism

Author: Amos N. Guiora
Publisher: Kluwer Law International
ISBN: 9780735507425
Format: PDF, Docs
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Amos Guiora presents an interdisciplinary and global exploration of the law, policy, intelligence gathering, and operational decisions surrounding counter-terrorism initiatives. Case studies of seven different nations: India, Israel, Russia, Spain, the United States and now, China and Colombia and their efforts to repel terrorism within their borders provide numerous opportunities for comparative analysis. Issues to Consider present actual dilemmas and scenarios in each chapter that fuel class discussion. The Second Edition extends its purview to China and Colombia in an ongoing effort to impart a broad perspective on the tactics and strategies used by different countries to combat counterterrorism. An accessible and fascinating text, Global Perspectives on Counterterrorism, Second Edition, features: a practical approach to thinking about a wide variety of issues, including interrogations, the proper forum for trying terrorists, judicial review, international law, intelligence gathering, and policy responses to terrorism simulation exercises that put students in the role of policy and decision-makers Rigorously updated, the revised Second Edition includes: a new chapter on future hotspots of terrorism and the future of counterterrorism, with a focus on Mexico and Somalia new cases, policy documents, and updated discussion of terrorism events around the world

Laws Outlaws and Terrorists

Author: Gabriella Blum
Publisher: MIT Press
ISBN: 0262289091
Format: PDF, Kindle
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In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its "global war on terrorism," the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a "no-law zone."In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.

The Geopolitics of American Insecurity

Author: Francois Debrix
Publisher: Routledge
ISBN: 1134045395
Format: PDF, ePub, Mobi
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This edited volume examines the political, social, and cultural insecurities that the United States is faced with in the aftermath of its post-9/11 foreign policy and military ventures. The contributors critically detail the new strategies and ideologies of control, governance, and hegemony America has devised as a response to these new security threats. The essays explore three primary areas. First, they interrogate the responses to 9/11 that resulted in an attempt at geopolitical mastery by the United States. Second, they examine how the US response to 9/11 led to attempts to secure and control populations inside and outside the United States, resulting in situations that quickly started to escape its control, such as Abu Ghraib and Katrina. Lastly, the chapters investigate links between contemporary regimes of state control and recently recognized threats, arguing that the conduct of everyday life is increasingly conditioned by state-mobilized discourses of security. These discourses are, it is argued, ushering in a geopolitical future characterized by new insecurities and inevitable measures of biopolitical control and governance.