541. Preventive Detention and the "War on Terror": Keeping the Response to Terrorism within the Law
- Publication Date:
- 09-2010
- Content Type:
- Working Paper
- Institution:
- Atlantic Council
- Abstract:
- During what the U.S. government formerly called the “war on terror”, both U.S. and European governments resorted to preventive detention. But holding individuals deemed to be a security risk indefinitely and without charge is a controversial strategy. Not only have there been miscarriages of justice, but detention may actually fuel the terrorist cause and attract more recruits. Yet, without recourse to preventive detention, military and security forces may be tempted to resort to more extreme, and perhaps prohibited, measures against an individual suspected of being a terrorist threat. If, therefore, U.S. and European governments are to employ preventive detention as a tool in fighting international terrorism, particularly in overseas operations, it must be done in a way that reinforces the legitimacy of their efforts and is in keeping with international law.
- Topic:
- International Law, Terrorism, and International Security
- Political Geography:
- United States and Europe