Can Counter-Terrorist Internment Ever Be Legitimate?

Human Rights Quarterly, Vol. 33, No. 1, pp. 593-619, 2011

Posted: 31 Jul 2011  

Fiona de Londras

Birmingham Law School, University of Birmingham, UK

Date Written: July 30, 2011

Abstract

Counter-terrorist internment is generally rejected as illegitimate from a human rights perspective. However, while the practice of counter-terrorist internment has long resulted in the infringement of human rights, this article argues that the concept of internment holds some potential for legitimacy. This potential can only be realized if four legitimacy factors are fully embraced and complied with: public justificatory deliberation, non-discrimination, meaningful review, and effective temporal limitation. Outlining these factors, this article imagines a system of internment that is legitimate from a human rights perspective and can serve both real and pressing security needs, and rights-based legitimacy needs.

Keywords: terrorism, internment, detention, legitimacy, rule of law

JEL Classification: K19, K33, N40, H56

Suggested Citation

de Londras, Fiona, Can Counter-Terrorist Internment Ever Be Legitimate? (July 30, 2011). Human Rights Quarterly, Vol. 33, No. 1, pp. 593-619, 2011. Available at SSRN: https://ssrn.com/abstract=1898989

Fiona De Londras (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=99740

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