9780199978526

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 129 Detention Under International Law: The State of Emergency Exception and Evolving Topics

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  • ISBN13:

    9780199978526

  • ISBN10:

    0199978522

  • Format: Hardcover
  • Copyright: 2013-04-26
  • Publisher: Oxford University Press

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Summary

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law.

Volume 129, Detention Under International Law: The State of Emergency Exception and Evolving Topics, is the second in a three-volume arc that looks at detention under international law. In this volume, Professor Kristen Boon describes how international human rights instruments and courts at the regional and multinational levels have carved out a "state of emergency" exception to allow for detention in some circumstances. This volume frames and discusses two emerging topics in detention: the right of habeas corpus (the right to challenge one's detention), and the broadening intersection between international human rights law and international humanitarian law. Professor Boon illustrates her commentary by organizing treaties, reports by UN agencies and non-governmental organizations, judgments in regional international human rights courts, and through comments, adjudications, and reports from UN human rights treaty bodies.

Table of Contents


VOLUME 129

DETENTION UNDER INTERNATIONAL LAW:
THE STATE OF EMERGENCY EXCEPTION AND EVOLVING TOPICS

Introduction and Commentary by Kristen Boon

A. THE STATE OF EMERGENCY EXCEPTION

DOCUMENT NO. 1: European Social Charter, Oct. 18, 1961

DOCUMENT NO. 2: Human Rights Committee, General Comment 29, August 31, 2001

DOCUMENT NO. 3: Advisory Opinion on Habeas Corpus in Emergency Situations, OC-8/87, Inter-American Court of Human Rights, January 30, 1987

DOCUMENT NO. 4: Paris Minimum Standards of Human Rights Norms in a State of Emergency, International Law Association, as reprinted in Richard B. Lillich, The Paris Minimum Standards of Human Rights Norms in a State of Emergency, American Journal of International Law, October 1985

DOCUMENT NO. 5: Commission Nationale des Droits de l'Homme et des LibertÚs v. Chad, 74/92, African Commission on Human and Peoples' Rights, October 1995

DOCUMENT NO. 6: Ireland v. The United Kingdom, 5310/71, Judgment of the Chamber, European Court of Human Rights, January 18, 1978

DOCUMENT NO. 7: Brogan v. The United Kingdom, 11209/84, 11234/84, 11266/84, 11386/85, Judgment of the Chamber, European Court of Human Rights, November 29, 1988

DOCUMENT NO. 8: Brannigan and McBride v. The United Kingdom, 14554/89, European Court of Human Rights, April 22, 1993


B. THE ACCOMPANYING SAFEGUARD RIGHT TO CHALLENGE ONE'S DETENTION (HABEAS CORPUS)

DOCUMENT NO. 9: A. & Others v. UK, 3455/05, Judgment of the Grand Chamber, European Court of Human Rights, February 19, 2009

DOCUMENT NO. 10: Report on Terrorism and Human Rights, Inter-American Commission on Human Rights, October 22, 2002

DOCUMENT NO. 11: Alegre v. Peru, Human Rights Committee, October 28, 2005


C. INTERSECTION BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW

DOCUMENT NO. 12: Report of the Working Group on Arbitrary Detention, Human Rights Council, January 19, 2011

DOCUMENT NO. 13: Draft Code of Crimes against the Peace and Security of Mankind, International Law Commission, 1996

DOCUMENT NO. 14: United Nations Transitional Administration in East Timor Regulation No. 2000/15, June 6, 2000

DOCUMENT NO. 15: Coard, et al. v. United States, Inter-American Commission on Human Rights, September 29, 1999

DOCUMENT NO. 16: Allied Control Council Law No. 10: Punishment of Persons Guilty of War Crimes, Crimes against Peace and against Humanity, Allied Control Council of Germany, December 20, 1945

DOCUMENT NO. 17: Cairo Declaration on Human Rights in Islam, August 5, 1990

DOCUMENT NO. 18: Updated Statute of the International Criminal Tribunal for the Former Yugoslavia, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, September 2009

DOCUMENT NO. 19: Report of the International Commission of Inquiry on Libya, Human Rights Council, March 8, 2012

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