Jump to ContentJump to Main Navigation
Human Rights and Non-discrimination in the 'War on Terror'$
Users without a subscription are not able to see the full content.

Daniel Moeckli

Print publication date: 2008

Print ISBN-13: 9780199239801

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239801.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 March 2019

Executive Detention of Foreign Terrorist Suspects

Executive Detention of Foreign Terrorist Suspects

(p.99) 4 Executive Detention of Foreign Terrorist Suspects
Human Rights and Non-discrimination in the 'War on Terror'

Moeckli Daniel

Oxford University Press

Some of the post-September 11 laws include preventive detention powers that are only applicable to foreign terrorist suspects. This chapter examines the objective of these detention powers and assesses whether, in view of this objective, differential treatment based on citizenship status is justified. It argues that where the aim of detention is not enforcement of immigration laws but protection of national security, differential treatment on the ground of citizenship can only be justified if there is a difference in terms of dangerousness between citizens and foreign nationals. However, in the context of the current ‘war on terror’ such a difference does not exist: the terrorist threat does not stem exclusively, or even predominantly, from foreign nationals. In addition, preventive detention powers that are reserved for foreign citizens contribute to the alienation of exactly those communities whose cooperation with the police would be crucial in anti-terrorist investigations.

Keywords:   preventive detention, right to liberty, foreign nationals, Belmarsh

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .