• Limiting Civil Liberties. The U.S. Government Combating Terrorism

Publisher:
AV Akademikerverlag
Publication date:
2012-05-14
Authors:

(Lawyer, JD Eötvös Loránd University Budapest and Human Rights LL.M at Central European University, Budapest; freelance human rights consultant.)
ISBN:
9783639409536

Description:

Revision with unchanged content. The purpose of my research, which was conducted in spring 2005, was to discover how far the U.S. Government can go in limiting the right to habeas corpus (the right to judicial review of detention) while combating terrorism. The main finding of my work is that the Government’s attempt to deny in­dividuals held in Guantanamo Bay the right to habeas corpus, is not in line with previous U.S. Supreme Court war time cases. On the other hand, the U.S. Government’s approach runs counter international law and violates the in­tern­ationally recognized human rights standards on judicial review of detention. It is shown that under international human rights law there are established standards for the propriety of detention applicable in times of both peace and war. The judicial review of the legality of detention is the most important safeguard against arbitrary arrest and a basic procedural guarantee of justice and rule of law. The fundamental right to habeas corpus cannot be eliminated even in the mists of war on terror. The book is primarily addressed to students and scholars interested in civil liberties, in particular the significance of the judicial review of detention in the war on terror.

MATERIAS: War on Terror, Judicial review of detention, habeas corpus, Guantanamo, International Covenant on Political and Civil Rights, Rasul v. Bush, civil liberties, state of emergency, international law as U.S. law, Military Order