TERRORISM: INTERNATIONAL CASE LAW REPORTER 2009

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

• ISBN13: 9780199972029
• ISBN10: 0199972028
• Format: Hardcover
• Copyright: 2011-02-07
• Publisher: Oxford University Press

Summary

Published annually,Terrorism: International Case Law Reporteris 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 2010 edition includes cases highlighting issues such as: * The interface of domestic law with international obligations in the context of armed conflict; * The permissible scope of criminal legislation prohibiting material support to terrorists; * The domestic implementation of the Security Council-mandated regime for freezing terrorist assets; * Rights of plaintiffs to challenge domestic anti-terrorism legislation on constitutional grounds; * Legality of state decisions to attempt targeted killings of citizens alleged to have committed hostile acts; * The standards for evaluating claims for habeas corpus; * The sufficiency of multinational cooperation in the investigation and prosecution of perpetrators; * The degree to which state actors are immunized from personal accountability due to their official acts; and * Boundaries between transnational terrorism and the globalized media. 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.

Author Biography

Michael A. Newton is a professor of the practice of law at Vanderbilt Law School and an expert in terrorism and the law of war. Over the course of his career, he has published more than 50 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, 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. 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

Introductory Note
How to Use
List of Subjects
Table of Cases

I. TERRORISM AND NATIONAL SECURITY
A. Detention
1. Military Detention
2. Torture/Risk of Torture
3. Guantánamo Bay
B. Terrorist Suspects
C. Contractors
D. State Secrets
F. Criminal Law
1. Extradition
2. Police and Judicial Cooperation in Criminal Matters
3. Admissible Trial Evidence
4. Criminal Jurisdiction
5. Sentencing
6. Conspiracy to Commit Terrorist Acts
G. Al Qaeda

II. CONSTITUTIONAL CHALLENGES, HUMAN RIGHTS, AND CIVIL LIBERTIES
A. Procedural Rights:
1. 4th Amendment
2. Habeas Corpus
3. Standing
4. Fair Trial
5. Jurisdiction
6. Non-justiciability
B. Substantive Rights and Claims
1. 1st Amendment
C. Torts
1. Alien Tort Statute ("ATS")
2. Federal Tort Claims Act ("FTCA")
D. Surveillance/FISA
E. Patriot Act
F. Immigration/Visas
G. Restrictive Measures
1. Control Orders
H. Human Rights
1. International Human Rights
2. Geneva Conventions
3. European Convention on Human Rights
4. Extraordinary Rendition
I. Law of Nations

III. FINANCIAL ASPECTS OF TERRORISM
A. Terrorist Sponsorship/Financing
1. Conspiracy to Provide Material Support
B. Frozen Assets
C. 1267 Sanctions Committee

IV. SPECIFIC REGIONS
A. U.K.
B. Columbia/FARC
C. Middle East/Israel
D. Africa