عنوان

The Legality Under International Human Rights Law and The Customary International Law of The Security Detention Enforced for The Terrorist Rehabilitation Programs of Saudi Arabia, Singapore, and Malaysia

شماره

TLpq2298151207

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

The Legality Under International Human Rights Law and The Customary International Law of The Security Detention Enforced for The Terrorist Rehabilitation Programs of Saudi Arabia, Singapore, and Malaysia

نام عام مواد

[Thesis]

نام نخستين پديدآور

Khusifan, Abdullah Adnan

نام ساير پديدآوران

Goldman, Robert K.

نام ناشر، پخش کننده و غيره

American University

تاریخ نشرو بخش و غیره

2019

نام خاص و کميت اثر

242

جزئيات پايان نامه و نوع درجه آن

S.J.D.

کسي که مدرک را اعطا کرده

American University

امتياز متن

2019

متن يادداشت

The study focuses of legal issues related to rehabilitation programs that have been adopted by some governments as part of their counter-terrorism strategy. Individuals who harbor radical ideologies are placed, by executive order, in these programs in order to be deradicalized. The establishment of such programs arose from the recognition that fighting homegrown terrorism by means of police power alone is insufficient. The police power only treated the symptoms but not the disease. Furthermore, granting the police extraordinary power to detain individuals will result in an extreme increase in the number of detainees under security detention and tip the balance between liberty and security too far in the direction of security. Rehabilitation programs are seen as a solution to these various problems. These programs are designed to counter toxic ideology and provide a means of releasing detainees and safely reintegrating them into society. This study finds that subjecting suspected terrorists who have done nothing but believe in an extremist ideology; or who have been imprisoned for a terrorism-related crime and served their sentences but are deemed to be too dangerous to be released; or who have been charged with terrorist crimes but have not yet been sent to trial, to terrorist rehabilitation programs without judicial due process or habeas corpus violates the standards of lawful detention as it prescribed in the international human rights law and amounts to arbitrary detention. However, Saudi Arabia, Singapore, and Malaysia have not ratified the International Covenant on Civil and Political Rights (ICCPR), therefore they cannot be held in violation of any treaty obligation regarding the ICCPR. Nevertheless, arbitrary detention may constitute a violation of customary international law. The author presumed that the prohibition against arbitrary detention has acquired the status of a customary norm of international law. On the contrary, the research has found that legal opinion is mixed concerning the question of whether the prohibition against arbitrary detention is a customary norm of international law. There seems to be no scholarly consensus on the question. The question as to whether the prohibition against arbitrary detention is a customary norm of International Law has not been definitively settled.

موضوع مستند نشده

Ethnic studies

موضوع مستند نشده

International law

موضوع مستند نشده

International relations

موضوع مستند نشده

Peace studies

مستند نام اشخاص تاييد نشده

Goldman, Robert K.

مستند نام اشخاص تاييد نشده

Khusifan, Abdullah Adnan

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Thesis]

کد کاربرگه

276903

سطح دسترسي

a

تكميل شده

Y