[DOWNLOAD] "We're All Experts Now: A Security Case Against Security Detention." by Case Western Reserve Journal of International Law " Book PDF Kindle ePub Free

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eBook details

• Title: We're All Experts Now: A Security Case Against Security Detention.
• Author : Case Western Reserve Journal of International Law
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 289 KB

Description

While a range of U.S. and international law scholars have criticized the United States' current approach to counterterrorism detention operations, some of the same voices are now recommending the development of a more formally sanctioned "preventive" regime for detaining terrorist suspects going forward. With a view both to resolving current dilemmas like the status of detainees held at the U.S. Naval Base at Guantanamo Bay, and to meeting the anticipated ongoing security interests of the United States, scholars like Jack Goldsmith, Robert Chesney, and others have emphasized the legitimate national interest in the "preventive incapacitation of uniformless terrorists who have the capacity to inflict mass casualties and enormous economic harms and who thus must be stopped before they act." This essay reviews the basis for the current interest in "preventive" detention regimes, and considers whether such a program is consistent with effective U.S. counterterrorism strategy writ large. The essay concludes that even if it were possible to construct a preventive detention regime that satisfies U.S. and international legal restrictions, it is not at all clear such a scheme would advance the security interest its proponents identify. I. INTRODUCTION

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