Forward: Security Detention

7 Pages Posted: 6 Mar 2020

See all articles by Michael P. Scharf

Michael P. Scharf

Case Western Reserve University School of Law

Gwen Gillespie

Case Western Reserve Journal of International Law

Date Written: 2009

Abstract

The Experts Meeting on Security Detention Report and the articles contained in this volume indicate that international standards need to be clarified, adopted, and implemented to ensure that detainees are afforded prompt legal process and a meaningful opportunity to challenge the facts giving rise to their detention before a neutral arbiter. Moreover, extended security detention should be considered legitimate only where there is evidence that the detainee himself poses a serious security threat, an issue that must be subject to periodic review; and the longer the detention the higher must be the evidentiary burden of the State.

Keywords: Detainees

JEL Classification: K33

Suggested Citation

Scharf, Michael P. and Gillespie, Gwen, Forward: Security Detention (2009). 40 Case Western Reserve Journal of International Law 315 (2009), Case Legal Studies Research Paper No. 2009, Available at SSRN: https://ssrn.com/abstract=3548995

Michael P. Scharf (Contact Author)

Case Western Reserve University School of Law ( email )

Case Western Reserve University, School of Law
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3299 (Phone)
216-368-2086 (Fax)

Gwen Gillespie

Case Western Reserve Journal of International Law

United States

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