TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 128

Detention Under International Law: Liberty and Permissible Detention
Erscheinungsjahr 2013
ISBN: 978-0-19-994848-2
Verlag: Oxford University Press

Buch, Englisch, 444 Seiten, Format (B × H): 257 mm x 185 mm, Gewicht: 930 g

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law.

Volume 128, Detention Under International Law: Liberty and Permissible Detention, is the first in a three-volume arc that looks at detention under international law. This volume examines the literal deprivation of a person's liberty, and the ways in which international and regional human rights instruments and courts have permitted detention under international law. Professor Kristen Boon explores how the individual's right to liberty and security has been set out in universal and regional treaties and charters, and contrasts lawful detention and the treatment of administrative and preventative detention with unlawful arbitrary detention. Professor Boon illustrates her commentary by organizing treaties, reports by UN agencies and non-governmental organizations, judgments in regional international human rights courts, and through comments, adjudications, and reports from UN human rights treaty bodies.

Autoren/Hrsg.

Lovelace, Douglas

Boon, Kristen

Fachgebiete

• Rechtswissenschaften Strafrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

- VOLUME 128

- DETENTION UNDER INTERNATIONAL LAW:

- LIBERTY AND PERMISSIBLE DETENTION

-

- Introduction and Commentary by Kristen Boon

- A. THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON

- 1. UNIVERSAL INSTRUMENTS

-

- DOCUMENT NO. 1: Universal Declaration of Human Rights, December 10, 1948

- DOCUMENT NO. 2: International Covenant on Civil and Political Rights, December 16, 1966

- DOCUMENT NO. 3: Convention on the Rights of the Child, November 20, 1989

- 2. REGIONAL INSTRUMENTS

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- DOCUMENT NO. 4: European Convention on Human Rights, as amended by Protocols Nos. 11 and 14, November 4, 1950

- DOCUMENT NO. 5: Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms, May 26, 1995

- DOCUMENT NO. 6: American Convention on Human Rights, November 22, 1969

- DOCUMENT NO. 7: Organization of the American States American Declaration of the Rights and Duties of Man, April 1948

- DOCUMENT NO. 8: African Charter of Human and Peoples' Rights (Banjul Charter), June 27, 1981

- DOCUMENT NO. 9: Arab Charter on Human Rights, May 22, 2004

- B. PERMISSIBLE DETENTION

- 1. LAWFUL DETENTION

-

- DOCUMENT NO. 10: Pinheiro and Dos Santos v. Paraguay, 11.506, Inter-American Commission on Human Rights, December 27, 2002

- a. ADMINISTRATIVE DETENTION

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- DOCUMENT NO. 11: Human Rights Council Resolution 6/4, Sept. 28, 2007

- b. PREVENTATIVE DETENTION

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- DOCUMENT NO. 12: Human Rights Committee, General Comment 8, June 30, 1982

- 2. ARBITRARY DETENTION

-

- DOCUMENT NO. 13: Mukong v. Cameroon, Human Rights Committee, July 21, 1994

- DOCUMENT NO. 14: Fox, Campbell and Hartley v. The United Kingdom, 12244/86, 12245/86, and 12383/86, Judgment of the Chamber, European Court of Human Rights, August 30, 1990

- DOCUMENT NO. 15: Saadi v. The United Kingdom, 13229/03, Judgment of the Grand Chamber, European Court of Human Rights, January 29, 2008

- DOCUMENT NO. 16: Article 19 v. Eritrea, 275/2003, African Commission on Human and Peoples' Rights, May 30, 2007

- DOCUMENT NO. 17: Gangaram-Panday v. Suriname, Inter-American Court of Human Rights, January 21, 1994

- DOCUMENT NO. 18: Álvarez and Íñiquez v. Ecuador, Inter-American Court of Human Rights, November 21, 2007

Über Autor(innen)

Douglas Lovelace, Jr. is the Director of the Strategic Studies Institute at the US Army War College. Earlier in his military career, he worked on national security directives. He holds an MBA degree from Embry Riddle Aeronautical University and a JD from Widener School of Law.

Kristen E Boon is Director of International Programs at Seton Hall University School of Law. Her writings have appeared in the Vanderbilt Journal of Transnational Law and the New York University Journal of International Law. A former clerk to the Supreme Court of Canada's Justice Ian Binnie, she holds an M.A. in Political Science from McGill University and a J.D. from New York University School of Law.