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- Title
Equality of Arms: Complying with International Human Rights Law in Cases Against Alleged Terrorists.
- Authors
Davis, Jeffrey
- Abstract
The USA, UK and other nations implemented national security policies and operations after 9/11 that revealed a gap between capabilities and insecurity and established a gap between counter-terrorism operations and international human rights law. For example, when states prosecute or detain suspected terrorists, they often do so on the basis of secret evidence. This creates a gap between the state's national security operations and international human rights law protections. I examine how the USA and UK have challenged fair trial rights when prosecuting alleged terrorists and how domestic, regional and international courts have responded. I demonstrate that international human rights law severely limits governments from prosecuting and detaining terrorism suspects based on secret evidence. Based on this law, I propose rules to attain a balance between national security and fair trial rights. These would narrow the gap between national security operations and international law and, in turn, narrow the gap between capabilities and insecurity.
- Subjects
FAIR trial (International law); INTERNATIONAL cooperation on human rights; LEGAL status of terrorists; NATIONAL security; INTERNATIONAL human rights courts
- Publication
Journal of Conflict & Security Law, 2016, Vol 21, Issue 1, p69
- ISSN
1467-7954
- Publication type
Article
- DOI
10.1093/jcsl/krv020