Terrorism

The European Court of Justice Kadi Decision and the Future of UN Counterterrorism Sanctions

Introduction

The UN Security Council’s use of “targeted sanctions” against suspected terrorists – an important counter-terrorism tool designed to immobilize assets and limit travel – has come under increasing challenge by regional and national courts.[1] The challenge is simple: the sanctioning of a person amounts to the imposition of a penalty, yet the normal due process afforded alleged criminals does not apply.

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Volume: 
13
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20
Author: 
Peter Fromuth
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Who can be detained in the "War on Terror"? The Emerging Answer

Introduction

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13
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18
Author: 
Faiza Patel
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Special Tribunal for Lebanon: The First Orders by the Pre-Trial Judge

I. Introduction

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13
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11
Author: 
Antonios Tzanakopoulos
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The Torture Memos and Accountability

Introduction

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13
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6
Author: 
Allen S. Weiner
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Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts

On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.

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12
Issue: 
13
Author: 
Andrew Kent
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Saadi v Italy: European Court of Human Rights Reasserts the Absolute Prohibition on Refoulement in Terrorism Extradition Cases

On February 28, 2008, the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its judgment in Saadi v Italy.[1] In this case, Italy and the United Kingdom (as third party intervener) claimed that the climate of international terrorism called into question the appropriateness of the ECtHR's existing jurisprudence on states' non-refoulement obligation under Article 3 of the European Convention on Human Rights (European Conve

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Volume: 
12
Issue: 
9
Author: 
Fiona de Londras
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Organizations of Note: 

Accountability of Private Security Contractors under International and Domestic Law

On September 16, 2007, security guards employed by Blackwater USA (Blackwater) fired on a crowd in Baghdad's Nisour square, killing 17 people. At the time of this incident, Blackwater was under contract with the U.S. Department of State to provide security for U.S. diplomats in Iraq. This incident triggered controversy in Iraq, the United States, and the international community concerning what law applied to Blackwater's actions and to the actions of other private security contractors (PSCs) hired by the United States to provide services in Afghanistan and Iraq.

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Volume: 
11
Issue: 
31
Author: 
Laura A. Dickinson
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Counterinsurgency, Rule of Law Operations, and International Law

In the second week of September 2007, leading U.S. military and diplomatic officials provided long-awaited reports to Congress and the President on U.S. political and military activities in Iraq. These hearings focused attention on how much progress U.S. counterinsurgency (COIN) efforts have made in Iraq. Although debate surrounding these events centered on the question of the withdrawal of U.S. troops, the testimony and hearings connect the ongoing attempts by the U.S. government to adjust to the challenges presented by waging COIN campaigns.

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Volume: 
11
Issue: 
24
Author: 
David P. Fidler
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International Convention for the Suppression of Acts of Nuclear Terrorism Enters into Force

On July 7, 2007, the International Convention for the Suppression of Acts of Nuclear Terrorism[1] enters into force. July 7 is the 30th day after the receipt of the 22nd instrument of ratification (from Bangladesh), which the Convention required for its entry into force (Article 25.1). This Insight describes this Convention and its place in the global efforts underway to prevent acts of nuclear terrorism.

Background to the Convention

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11
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18
Author: 
David P. Fidler
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Australian Detainee Pleads Guilty before the First Military Commission

Recently, David Hicks, an Australian interned for over five years in Guantanamo Bay, became the first individual sentenced under the newly-constituted Military Commission process. Hicks pleaded guilty to one count of intentionally providing material support to al-Qaeda in the context of an armed conflict against the U.S.[1] and will be repatriated to Australia to serve a further nine months of imprisonment.

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11
Issue: 
11
Author: 
Dr. Stephen Tully
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