Preventive Deprivations of Liberty: Asset Freezes and Travel Bans
Criminal Law and Philosophy 9 (3), 2015, pp. 521-535.
20 Pages Posted: 25 Feb 2014 Last revised: 13 Mar 2019
Date Written: February 24, 2014
In this article, I examine preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect for the target’s autonomy. In particular, I focus on two examples: travel bans and asset freezes. I seek to develop guidelines for setting appropriate limits on their future use. Preventive constraints do not generate legal protections as do constraints in response to conduct. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions, or what I term “exprisonments,” imperil the free and autonomous life of the targeted person. With the recognition that such constraints can infringe on one’s ability to lead a free and autonomous life, I argue that some of these constraints require similar protections as their counterparts that put persons under lock and key.
Keywords: blacklisting, terrorism, prevention, criminal law, war, human rights, individual liberty, individual autonomy, imprisonment, exprisonment
JEL Classification: K14, K42
Suggested Citation: Suggested Citation