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TERRORISM: INTERNATIONAL CASE LAW REPORTER: 2008

Overview

Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. All cases are also accompanied by headnotes that summarize the key issues for the benefit of researchers. This unique ...

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Overview

Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. All cases are also accompanied by headnotes that summarize the key issues for the benefit of researchers. This unique resource serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other publication on the market.

With the 2008 edition of the Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. Professor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide.

The 2008 edition includes cases highlighting issues such as:

* The contentious issue of what legal status "enemy combatants" possess in U.S. courts.
* The volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties; exemplified by one of many prominent cases in this year's edition to come from non-U.S. courts, the Argentinean case Velasco, which appears in this edition is the only English translation available anywhere.
* The treatment of terrorist suspects and the wide-ranging comparison of how different jurisdictions balance security interests against the need to provide constitutional and treaty-based protections to criminal defendants.
* The financial aspects of terrorism and regional developments related to powerful terrorist groups.

Each annual edition serves a function of unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index also helps the reader to synthesize the commonality of issues.

This publication can also be purchased on a standing order basis.

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Product Details

Meet the Author

Michael A. Newton is a professor of the practice of law at Vanderbilt Law School and an expert in terrorism and the law of war. Over the course of his career, he has published more than 50 articles and book chapters, as well as opinion pieces for the New York Times, International Herald Tribune and other papers. He has supervised Vanderbilt law students who advise international organizations and the governments of Afghanistan, Kosovo, Sri Lanka and other nations. Professor Newton negotiated the "Elements of Crimes" document for the International Criminal Court, and coordinated the interface between the FBI and the ICTY while conducting forensics fieldwork in Kosovo for the Milosevic indictment. As the Senior Advisor to the U.S. Ambassador-at-Large for War Crimes Issues, Professor Newton implemented a wide range of policy positions related to the law of armed conflict, including U.S. support to accountability mechanisms worldwide. He also assisted in drafting the Statute of the Iraqi High Tribunal and served as International Law Advisor to the Judicial Chambers in 2006 and 2007. He further served as the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court and was also a member of the Special Court academic consortium. From January 1999 to August 2000, he served in the Office of War Crimes Issues, U.S. Department of State. During his career as an operational military attorney, he served with the United States Army Special Forces Command in the Desert Storm campaign. He additionally participated in Operation Provide Comfort to assist Kurdish civilians in Northern Iraq. From 1993 to 1995 he served as Brigade Judge Advocate, in which capacity he led the human rights training for all Multinational Forces and International Police deploying into Haiti. He subsequently taught International and Operational Law at the Judge Advocate General's School, Charlottesville, Virginia, from 1996 to 1999. He later taught in the Department of Law at the United States Military Academy, West Point, from 2002 to 2005.

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Table of Contents

INTRODUCTION by General Editor Michael A. Newton
HOW TO USE
I. TERRORISM AND NATIONAL SECURITY
A. Detention
1. Military Detention
2. Torture/Risk of Torture
3. Guantánamo Bay
4. Detainee Treatment Act
5. Combatant Status Review Tribunal
6. Enemy Combatants
B. Terrorist Suspects
C. 9/11
D. State Secrets
E. Identification Fraud
F. Criminal Law
1. Preparation for a Terrorist Act
2. Conspiracy to Commit Terrorist Acts
3. Mass Murder
4. Explosions
5. Inciting Terrorism Overseas
6. Deportation
7. Extradition
8. Undue Leniency
9. Police and Judicial Cooperation in Criminal Matters
10. Admissible Trial Evidence
11. Forced Disappearances
12. Sentencing
G. Arms
1. Explosives
H. Al-Qaeda
I. Corruption & Kickbacks
J. Technology
K. State Terrorism
L. Ecoterrorism

II. CONSTITUTIONAL CHALLENGES, HUMAN RIGHTS, AND CIVIL LIBERTIES
A. Procedural Rights:
1. 4th Amendment
2. Habeas Corpus
3. Standing
4. Jury Sheet
5. Application Denial
B. Surveillance
C. Patriot Act
D. Immigration
1. Asylum
2. Differential Treatment Between Citizens & Non-Citizens
3. Border Security
4. Cessation of Right to Remain Indefinitely
E. Restrictive Measures
F. European Convention on Human Rights

III. FINANCIAL ASPECTS OF TERRORISM
A. Terrorist Sponsorship/Financing
1. Conspiracy to Provide Material Support
2. Transferring Money/Fund Instruments
3. Conspiracy to Provide Material Support
4. Funding Attacks on Israel/Palestine Terrorist Organizations
B. Frozen Assets
C. Money Laundering

IV. SPECIFIC REGIONS
A. South Asia
1. Afghanistan/Taliban
2. Pakistan/Lashkar-e-Tayyaba
3. India/Khalistan Commando Force
B. Europe
1. EU Member Obligations
2. European Arrest Warrants
3. Spain
C. Latin America
D. Middle East/Israel

Tables of Cases and Subject Index

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