TERRORISM: INTERNATIONAL CASE LAW REPORTER 2012

by Newton, Michael; Garraway, Charles; van Sliedregt, Elies; Butt, Simon; du Plessis, Anton

• ISBN13: 9780199385003
• ISBN10: 0199385009
• Format: Hardcover
• Copyright: 2014-06-04
• Publisher: Oxford University Press

Summary

Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. All cases are also accompanied by headnotes that summarize the key issues for the benefit of researchers. This unique resource serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other publication on the market.

The 2012 edition includes cases highlighting issues such as:

* Whether the Patriot Act amendment to the Foreign Intelligence Surveillance Act, allowing surveillance where a "significant purpose" of the surveillance is foreign intelligence gathering, violates the Fourth Amendment;
* Whether the High Court of Uganda should accept the doctrine of void for vagueness and find the Anti-Terrorism Act as void and unenforceable;
* Whether the motive clause of the Terrorism section of the criminal Code of Canada is unconstitutional;
* Whether India's constitutional right of due process, including the right to both a speedy and a fair trial, requires that a criminal case arising from an incident fifteen years prior be remanded for a de novo trial or be vacated;
* Whether the Torture Victim Protection Act extends liability against nonsovereign organizations;
* Whether the United Kingdom Borders Act of 2007 creates a statutory presumption that deportation of a foreign criminal is in the public's interest which supersedes the determination of a court and the immigrant's interest of remaining in the nation; and
* Does the state secrets doctrine overcome an individual's right of truth in an extraordinary rendition case?

Each annual edition serves a function of unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index also helps the reader to synthesize the commonality of issues.

This publication can also be purchased on a standing order basis.

Author Biography

Michael A. Newton is a professor of the practice of law at Vanderbilt Law School and an expert in terrorism, tribunals and the law of war. Over the course of his career, he has published more than 80 articles and book chapters, as well as opinion pieces for the New York Times, International Herald Tribune and other papers. He has supervised Vanderbilt law students who advise international organizations and the governments of Afghanistan, Iraq, Kenya, Peru, Kosovo, Sri Lanka and other nations. Professor Newton negotiated the "Elements of Crimes" document for the International Criminal Court, and coordinated the interface between the FBI and the ICTY while conducting forensics fieldwork in Kosovo for the Milosevic indictment. As the Senior Advisor to the U.S. Ambassador-at-Large for War Crimes Issues, Professor Newton implemented a wide range of policy positions related to the law of armed conflict, including U.S. support to accountability mechanisms worldwide. He also assisted in drafting the Statute of the Iraqi High Tribunal and served as International Law Advisor to the Judicial Chambers in 2006 and 2007. He further served as the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court and was also a member of the Special Court academic consortium. From January 1999 to August 2000, he served in the Office of War Crimes Issues, U.S. Department of State. During his career as an operational military attorney, he served with the United States Army Special Forces Command in the Desert Storm campaign and as 7th Special Forces Group Attorney. He additionally participated in Operation Provide Comfort to assist Kurdish civilians in Northern Iraq. From 1993 to 1995 he served as Brigade Judge Advocate, in which capacity he led the human rights training for all Multinational Forces and International Police deploying into Haiti. He subsequently taught International and Operational Law at the Judge Advocate General's School, Charlottesville, Virginia, from 1996 to 1999. He later taught in the Department of Law at the United States Military Academy, West Point, from 2002 to 2005.

Table of Contents

Editorial Board
Introductory Note
How to Use
List of Subjects
Table of Cases

I. TERRORISM AND NATIONAL SECURITY IN GENERAL
A. Detention
1. Military Detention
2. Torture/Risk of Torture
3. Guantánamo Bay
B. Terrorist Suspects
D. State Secrets
F. Criminal Law
2. Conspiracy to Commit Terrorist Acts
4. Explosions
6. Deportation
7. Extradition
8. Undue Leniency
9. Police and Judicial Cooperation in Criminal Matters
H. Al-Qaeda

II. CONSTITUTIONAL CHALLENGES, HUMAN RIGHTS, AND CIVIL LIBERTIES
A. Procedural Rights
1. 4th Amendment
2. Habeas Corpus
3. Standing
B. Surveillance
1. Warrantless Electronic Surveillance/Wiretapping
2. FISA
C. Patriot Act
D. Immigration
1. Asylum
2. Differential Treatment Between Citizens & Non-Citizens
E. Restrictive Measures
F. European Convention on Human Rights

III. FINANCIAL ASPECTS OF TERRORISM
A. Terrorist Sponsorship/Financing
1. Conspiracy to Provide Material Support
B. Frozen Assets

IV. SPECIFIC REGIONS
A. South Asia
1. Afghanistan/Taliban

Subject Index of Cases
Consolidated Table of Cases