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11. Anti-terrorism Legal Regime of Pakistan and the Global Paradigm of Security: A Genealogical and Comparative Analysis

Author:
Syed Sami Raza
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
Pakistan is often criticized for its anti-terrorism legal regime—which institutionalizes preventive indefinite detention, special courts, and speedy trials. Pakistani officials, on their part, rebut this criticism by pointing to the Anglo-American anti-terrorism legal regimes, and generally to “the global paradigm of security.” Interestingly, should we trace the genealogy of the anti-terrorism legal regime of Pakistan, we find rich historical-juridical linkages between the Pakistani and Anglo-American regimes. These linkages converge on, or at least begin from, the British law of high treason. This law was adopted in certain colonial regulations in the early 19th century. In this article I demonstrate how the legal form and substance of the high treason law and of certain other colonial regulations traveled through colonial and post-colonial security laws, such that they have recently come to converge with the global paradigm of security.
Topic:
Security, Terrorism, Counter-terrorism, Detention, and Due Process
Political Geography:
Pakistan and South Asia

12. The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees

Author:
Sarah Weiner
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The physical relocation of detainees from Guantanamo to the United States would not meaningfully alter U.S. obligations under domestic immigration law or international law concerning refoulement. Domestic immigration law would not affect U.S. authority to bring aliens into the United States and to detain those aliens under the laws of war. Detainees would not enter the United States as immigrants, but rather would remain legally “at the border” during their detention. If a detainee secures his release from law-of-war detention, then the United States would be prohibited from transferring the former detainee to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture. This obligation applies equally to detainees held at Guantanamo and in the United States. If the United States could not find a suitable country to accept the former detainee, then the United States may have the authority to hold the alien indefinitely in immigration detention, provided that his custody meets statutory requirements. This authority is constitutionally untested and potentially inconsistent with obligations under international law, but these concerns would apply equally to both Guantanamo- and U.S.-located former detainees.
Topic:
Law, Prisons/Penal Systems, War on Terror, and Detention
Political Geography:
North America, United States of America, and Guantanamo

13. Remaking Bagram: The Creation of an Afghan Internment Regime and the Divide over U.S. Detention Power

Publication Date:
09-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
This report by the Open Society Foundations highlights concerns about the transition of the U.S. detention facility in Bagram, Afghanistan, from U.S. to Afghan control. Remaking Bagram exposes a deep divide between U.S. and Afghan officials on the eve of the planned handover that puts U.S. intentions to maintain detention authority in Afghanistan against the Afghan government’s insistence that Afghans can no longer be detained by the United States on “Afghan soil.” Remaking Bagram, which was released on September 6, also highlights the Afghan government’s efforts to take custody of detainees held by the United States by creating an Afghan internment regime that would detain individuals without trial. Many Afghan legal experts call this new system unconstitutional and have expressed fears that it is susceptible to abuse.
Topic:
Foreign Policy, Military Affairs, Military Intervention, State Building, and Detention
Political Geography:
Afghanistan and United States

14. Review of Existing Mechanisms for the Prevention and Investigation of Torture and Cruel, Inhuman and Degrading Treatment or Punishment in South Africa

Author:
Olivia Streater
Publication Date:
12-2008
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This report is designed to assist civil society and South African institutions in deciding what body or institutions could appropriately fulfil the task of visiting all places of detention regularly to make recommendations and proposals to prevent torture. It is intended as a starting point for consultation. The report further suggests that South Africa should start with considering the strengths and weaknesses of its own domestic models of oversight. Which institutions currently function well and why? This may be determined not just by an institution's legal powers, organizational mandate and resources (although these are important factors) but also by the extra ingredients of political will and skilled leadership.
Topic:
Civil Society, Torture, Institutions, and Detention
Political Geography:
Africa and South Africa

15. Al Qaeda, Military Commissions, and American Self-Defense

Author:
Ruth Wedgwood
Publication Date:
09-2002
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
RUTH WEDGWOOD critically examines the U.S. detainment of al Qaeda prisoners and others accused of visa violations or of being enemy combatants. She explains that “In a world where terrorist action flirts with catastrophic weapons, the competing paradigms of crime and war may provide no more than analogies. Fitting the law to this unwanted new world thus will require tact, judgment, and the weight of a heavy heart.”
Topic:
Defense Policy, Military Affairs, Al Qaeda, and Detention
Political Geography:
North America and United States of America