Good better best? Human rights impact assessment in crisis lawmaking
In: International journal of human rights, Volume 27, Issue 9-10, p. 1326-1344
ISSN: 1744-053X
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In: International journal of human rights, Volume 27, Issue 9-10, p. 1326-1344
ISSN: 1744-053X
In: Journal of conflict & security law, Volume 27, Issue 1, p. 83-116
ISSN: 1467-7962
Now passing its tenth year of pre-trial, the 9/11 military commission involves five men on trial for war crimes and terrorism in relation to the attacks against the USA on 11 September 2001. This article examines specific issues regarding the relationship between the prohibition against torture, national security and the right to fair trial that have arisen in the pre-trial phase of the case. The most obvious connection between the prohibition against torture and the right to fair trial has traditionally played out in the context of the exclusion of evidence obtained through torture. However, the frenetic nature of engagement between the defense and the prosecution in the courtroom reinforces that the US government's efforts to hide the torture of the defendant victims diminishes the further range of protections that make up the right to fair trial, in particular this article examines various components of the right to an effective defense. In analysing these issues, the article contributes to the legal literature and understanding about the interrelated nature of torture and fair trial in the Guantánamo military commissions by demonstrating how efforts to conceal torture using the guise of national security prevents the defendants from fully engaging their rights to a fair trial in the 9/11 military commission.
In: International journal of human rights, Volume 27, Issue 8, p. 1181-1204
ISSN: 1744-053X
In: International journal of human rights, Volume 23, Issue 3, p. 425-441
ISSN: 1744-053X
In: International legal materials: ILM, Volume 55, Issue 6, p. 1180-1205
ISSN: 1930-6571
In: German yearbook of international law: Jahrbuch für internationales Recht, Volume 54, p. 521-563
ISSN: 0344-3094
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In: Edinburgh School of Law Research Paper No. 2020/21
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In: Edinburgh School of Law Research Paper No. 2020/09
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In: K McCall-Smith, A Birdsall and E Casanas Adam (eds), Human Rights in Times of Transition: Liberal Democracies and the Challenges of National Security (Edward Elgar), Forthcoming
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In: in Jan Wouters, Koen Lemmens, Thomas Van Poecke and Marie Bourguignon (eds), Can We Still Afford Human Rights? Critical Reflections on Universality, Proliferation and Costs (forthcoming Edward Elgar 2020)
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In: Jean d'Aspremont and Sufyan Droubi (eds), International Organizations and the Formation of Customary International Law, Melland Schill Perspectives on International Law (Manchester University Press, 2018)
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In: Forthcoming, Jean d'Aspremont and Sufyan Droubi (eds), International Organizations and the Formation of Customary International Law, Melland Schill Perspectives on International Law (Manchester University Press, 2018)
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In: To appear in: (2018) 22 International Journal of Human Rights
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In: International Legal Materials, Volume 55(6)
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In: Edinburgh School of Law Research Paper No. 2015/23
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