Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel
Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel
Douglass Cassel
No abstract provided.
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Douglass Cassel
This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …