Comparative Perspectives on the Detention of Terrorist Suspects

Transnational Law & Contemporary Problems, Vol. 16, p. 773, 2007

99 Pages Posted: 27 Sep 2007

See all articles by John Ip

John Ip

University of Auckland - Faculty of Law

Abstract

The detention of terrorist suspects by the United States at various locations around the world, most notably Guantanamo Bay Naval Base, is one of the most obvious results of the war on terror. The detention of terrorist suspects at Guantanamo is an example of detention outside the criminal justice paradigm. The United States, however, is not alone in doing this.

This article examines the different approaches taken by the United States, the United Kingdom, Canada and New Zealand in relation to the detention of terrorist suspects. Whereas the United States detains terrorist suspects using a detention model that selectively utilises law of war concepts, the other jurisdictions surveyed employ a model based on immigration law. Both models permit detention with fewer due process protections. Both models have, in practice, also resulted in the differential treatment of foreign terrorist suspects. The article concludes by discussing how the courts in each jurisdiction have dealt with the cases concerning the detention of terrorist suspects.

Keywords: Terrorism, National Security, Terrorist suspects, Guantanamo, Detention, Comparative law

Suggested Citation

Ip, John, Comparative Perspectives on the Detention of Terrorist Suspects. Transnational Law & Contemporary Problems, Vol. 16, p. 773, 2007, Available at SSRN: https://ssrn.com/abstract=1014514

John Ip (Contact Author)

University of Auckland - Faculty of Law ( email )

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Auckland Mail Centre
Auckland, 1142
New Zealand

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