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Detention Pending Charge or Trial

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0006
Subject:
Law, Human Rights and Immigration

Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), ... More


Completing the Picture: International Human Rights Law in Non-International Armed Conflicts

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed ... More


Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.001.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

On September 11, 2001, terrorism instantly became the defining issue of our time. The resulting debate surrounding the inherent tension between national security and individual civil rights has ... More


Application of the Hybrid Paradigm

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0003
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. ... More


Introduction

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0001
Subject:
Law, Public International Law

This chapter begins with an overview of the entire volume, starting with a report of top United States government lawyers after 9/11 developing legal arguments to justify torture and coercion of ... More


It Might Have Happened to You!

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0010
Subject:
Law, Legal History

In 1943, with finance from the Duke of Bedford, G. A. Aldred, a Glasgow anarchist, published a pamphlet attacking Regulation 18B; it records the experience of detainees, and was mainly compiled by ... More


The Experience of Detention

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0011
Subject:
Law, Legal History

Executive detention in Britain normally began with arrest without warning. There were ugly incidents. R. R. Reynolds of Tottenham was slapped. Some resisted arrest. Amongst the Anglo-Italian ... More


The Integrity of the Advisory Committee

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0013
Subject:
Law, Legal History

The threat to the integrity of Norman Birkett's committee stemmed from the War Cabinet decision of May 22. Until then the committee evaluated the threat to security posed by individuals; there had to ... More


The Courts in Confusion

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0015
Subject:
Law, Legal History

In 1941, a number of detainees had recourse to the courts, including Captain Charles H. Bentinck Budd, Arthur C. H. Campbell, Ben Greene, John Mason, and Captain George H. L.-F. Pitt-Rivers. There ... More


The Web of Suspicion

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0016
Subject:
Law, Legal History

The detainees who did take appeals to the House of Lords were Robert Liversidge and Ben Greene. Both lost, the judicial opinions being delivered on November 3, 1941; the resulting legal position ... More


The Declining Years of Regulation 18B

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0018
Subject:
Law, Legal History

Although most orders were made in 1940, quite a few were made in later years. A few names are discoverable, such as Thomas Hubert Beckett. Some suspended orders were reactivated, and a number who ... More


Death and Post Mortem

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0019
Subject:
Law, Legal History

In August and September 1943, conferences took place to decide what was to become of Regulation 18B when World War II in Europe ended. Norman Kendal seems to have wanted to retain it permanently, ... More


Detention during the Phoney War

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0005
Subject:
Law, Legal History

The new regulation was analysed by L. S. Brass, the assistant legal adviser to the Home Office, who identified five categories of potential detainees; logically there were really eight. But Home ... More


Introduction: Humanizing Migration Control and Detention

Hindpal Singh Bhui

in The Borders of Punishment: Migration, Citizenship, and Social Exclusion

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199669394
eISBN:
9780191748752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669394.003.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This introductory chapter discusses the three main themes that emerge from this volume: first, the various mechanisms for objectifying migrants and detainees that make the belligerent pursuit of ... More


Can Immigration Detention Centres be Legitimate? Understanding Confinement in a Global World

Mary Bosworth

in The Borders of Punishment: Migration, Citizenship, and Social Exclusion

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199669394
eISBN:
9780191748752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669394.003.0009
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter draws upon eighteen months of fieldwork across five British immigration removal centres (IRCs) to examine how staff and detainees make sense of immigration detention. The subjects showed ... More


: Habeas and Detention without Conviction

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter, which offers an analysis of habeas review of detentions for reasons other than criminal conviction (including the terrorism and immigration cases), explains why the Supreme Court should ... More


Afterword

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0008
Subject:
Law, Constitutional and Administrative Law

This afterword examines the aftereffects of the Bush administration's legal detours. It first considers how the financial crisis of 2008 exposed the Bush administration's neglect of regulation before ... More


2 Guantánamo: Microcosm of a Prison beyond the Law

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines how the U.S. war on terrorism took shape at Guantánamo Bay and how Guantánamo came to signify a prison beyond the law, pervaded by illegal detention, abuse, and secrecy. It ... More


7 A Modest Judicial Intervention: The First Supreme Court “Enemy Combatant” Decisions

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter examines three “enemy combatant” cases that reached the Supreme Court in 2004: Rasul v. Bush, Hamdi v. Rumsfeld, and Rumsfeld v. Padilla. It explains how the Supreme Court's decisions ... More


8 The Battle for Habeas Corpus Continues

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter examines the response by the president and Congress to the Supreme Court rulings in three “enemy combatant” cases: Rasul v. Bush, Hamdi v. Rumsfeld, and Rumsfeld v. Padilla. In ... More


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