Terror Detentions and the Rule of Law

Robert H. Wagstaff practices litigation and constitutional law from his law office in Anchorage, Alaska. He successfully argued two cases before the US Supreme Court, presented over 70 appeals, and tried numerous civil and criminal cases. He recently spent ten years at Oxford University earning three post-graduate law degrees including a Doctorate. He was formerly Alaska Bar Association President, Alaska Judicial Council member, and a member of the National Board of Directors of the ACLU, New York.

"The events of 9/11 have resulted in significant changes in the policies and laws of the United States and United Kingdom, raising serious issues for due process under national and international law. Terror Detentions and the Rule of Law offers a challenging account of the history and legality of new detention and interrogation policies, raising fundamental concerns about the Rule of International Law and the prospects for effective judicial review. In this new'age of national security' when other values are said to be trumped, this important and timely book reminds us of the crucial role of our judiciary in safeguarding the principles and values that mightsave us from the greatest danger: that we shall allow ourselves to become like those with whom we are coping." --Philippe Sands QC, Professor of Law, University College London"Dr. Wagstaff writes with clarity, engaging the reader with his depth and breadth of knowledge, calling on history, the Magna Carta, precedent-setting US Supreme Court cases from the 1800s on including a 1900 Cuban fishing vessel 'prize' case, decisions of the UK high court, the European Court of Human Rights, and the Dixie Chicks alike to support his positions. University of London professor Philippe Sands, Queen's Counsel, says of the book that it 'reminds usof the crucial role of our judiciary in safeguarding the principles and values that might save us from the greatest danger... '" Teri White Carns, Alaska Bar Association

• Acknowledgments ; Abbreviations ; Preface ; Introduction ; 1 The Precipitating Events ; 2 A Short History of Panic Responses ; 3 Detention and The Legal Status & Rights Of Aliens ; 4 Role of the Courts & the Popular Jurisprudence of Counter-Terrorism ; 5 Rule of Law ; 6 An Applicable International Rule of Law ; 7 Guantanamo & Belmarsh ; 8 The War Paradigm Versus the Criminal Law in the US and UK ; 9 R v A: Marbury Judicial Review by Interpretation in the UK ; 10 Judicial Deference ; Conclusion ; Appendix A: 'Honor Bound to Defend Freedom' ; Bibliography ; Table of Cases ; Table of Statutes and International Instruments ; Index