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Deporting Terrorist Suspects with Assurances: Lessons from the United Kingdom

Middleton, Ben (2013) Deporting Terrorist Suspects with Assurances: Lessons from the United Kingdom. Connecticut Public Interest Law Journal, 12 (1). pp. 129-194. ISSN 1932-2046

Item Type: Article

Abstract

Deportation or the otherwise removal of terrorist suspects from home soil raises contentious International Law and Human Rights arguments, yet governments the world over are increasingly using assurances, or promises that individuals will not be mistreated, in order to ensure that terrorists are removed with a veneer of constitutionalism. Through an analysis of the Anglo-American practices in terrorist removals, including the most recent jurisprudence of the European Court of Human Rights, this article argues that the criticisms that surround the use of assurances are wholly surmountable, and contends that an effective deportation with assurance regime should be implemented in States’ domestic law, based on tripartite foundations of judicial oversight, a doctrine of ‘compliance’, and the implementation of a mandatory ‘independent monitoring’ mechanism. It is suggested that such a regime will further enhance international cooperation that may lead to strengthening, rather than weakening, of multilateral human rights agreements.

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More Information

Depositing User: Ben Middleton

Identifiers

Item ID: 3519
ISSN: 1932-2046
URI: http://sure.sunderland.ac.uk/id/eprint/3519
Official URL: http://cpilj.com/index.html

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Catalogue record

Date Deposited: 08 Feb 2013 15:43
Last Modified: 02 Jul 2019 09:18

Contributors

Author: Ben Middleton

University Divisions

Faculty of Business, Law and Tourism > School of Law
Faculty of Business, Law and Tourism > Sunderland Law School

Subjects

Law > Criminal Law

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