Preventive Deprivations of Liberty: Asset Freezes and Travel Bans

20 Pages Posted: 25 Feb 2014 Last revised: 13 Mar 2019

See all articles by Hadassa Noorda

Hadassa Noorda

University of Amsterdam; New York University School of Law

Date Written: February 24, 2014

Abstract

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

Noorda, Hadassa, Preventive Deprivations of Liberty: Asset Freezes and Travel Bans (February 24, 2014). Criminal Law and Philosophy 9 (3), 2015, pp. 521-535. , Amsterdam Law School Research Paper No. 2014-20, General Subserie Research Paper No. 2014-01, Available at SSRN: https://ssrn.com/abstract=2400390

Hadassa Noorda (Contact Author)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
53
Abstract Views
919
rank
472,844
PlumX Metrics