Due Process and Counterterrorism

National Security Law: Fifty Years of Transformation, An Anthology; ABA Standing Committee on Law and National Security (Jill Rhodes, ed. 2012)

14 Pages Posted: 29 Mar 2015

See all articles by Amos N. Guiora

Amos N. Guiora

University of Utah - S.J. Quinney College of Law

Laurie R. Blank

Emory University School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2012

Abstract

This essay offers a guide to the key concepts inherent in thinking about due process and terrorism together: why they are linked together, how they operate in tandem, and how their interplay poses compelling challenges for the liberal democratic state. Thinking about these terms separately is of course interesting for a variety of reasons pertaining to law, strategy, policy, human rights and other issues, but it is in putting together due process and terrorism that the fundamental core of both terms is laid bare.

Keywords: due process, counterterrorism, terrorism, detention, use of force, interrogations, trials, law of armed conflict, human rights, rule of law

Suggested Citation

Guiora, Amos N. and Blank, Laurie R., Due Process and Counterterrorism (2012). National Security Law: Fifty Years of Transformation, An Anthology; ABA Standing Committee on Law and National Security (Jill Rhodes, ed. 2012). Available at SSRN: https://ssrn.com/abstract=2585780

Amos N. Guiora

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-4295 (Phone)
801-581-6897 (Fax)

HOME PAGE: http://www.law.utah.edu/profiles/default.asp?PersonID=6581&name=Guiora,Amos..

Laurie R. Blank (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-1711 (Phone)

HOME PAGE: http://www.law.emory.edu/faculty/faculty-profiles/laurie-blank.html

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