Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-2pzkn Total loading time: 0 Render date: 2024-05-03T21:03:37.065Z Has data issue: false hasContentIssue false

3 - Counter-terrorist detention: the executive approach

Published online by Cambridge University Press:  05 August 2011

Fiona de Londras
Affiliation:
University College Dublin
Get access

Summary

Although the US and the UK have taken markedly different executive approaches to the conduct of counter-terrorism operations in the wake of the 11 September 2001 attacks, both have pursued policies that pose profound challenges to the pre-established standards of international human rights law. For both the Bush and Blair Administrations, the detention of suspected terrorists was a central element of their counter-terrorist policies. In both cases there was a commitment not only to a counter-terrorist detention policy but also to a very restrictive system by which this detention could be reviewed. Both administrations represented suspected terrorists as dangerous enough to be detained without charge or trial and too dangerous to be given access to the normal systems and processes of review. As we saw in the previous chapter, limited bases for detention and a substantive review of the lawfulness of detention are the bulwarks protecting liberty against arbitrary deprivation. Although the paradigms within which the US and the UK approached the matter of detention differed significantly (primarily military v. primarily criminal justice), they both posed a severe challenge to these protective mechanisms of human rights law. The approaches of the executive in both states to introducing detention and limiting review can be framed as panic-related by reference to the arguments that were presented in Chapter 1. Not only were panic-related techniques evident in the executives' attempts to introduce desired detention systems domestically but also in their representations to the international community. In Chapter 5 we will examine the response of the international human rights law institutions to these panic-related arguments, but for now it is sufficient to note that they formed part of a transformative effort by the US (in particular) and the UK to influence a downward recalibration of rights-protecting standards in the context of terroristic crisis or emergency. However, there are important distinctions between the approaches that we must acknowledge at the outset.

Type
Chapter
Information
Detention in the 'War on Terror'
Can Human Rights Fight Back?
, pp. 72 - 115
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×