Counter-terrorist detention: the executive approach

TL;DRAbstract

Although the US and the UK have taken markedly different executive approaches to the conduct of counter-terrorism operations in the wake of the 11 September 2001 attacks, both have pursued policies that pose profound challenges to the pre-established standards of international human rights law. For both the Bush and Blair Administrations, the detention of suspected terrorists was a central element of their counter-terrorist policies. In both cases there was a commitment not only to a counter-terrorist detention policy but also to a very restrictive system by which this detention could be reviewed. Both administrations represented suspected terrorists as dangerous enough to be detained without charge or trial and too dangerous to be given access to the normal systems and processes of review. As we saw in the previous chapter, limited bases for detention and a substantive review of the lawfulness of detention are the bulwarks protecting liberty against arbitrary deprivation. Although the

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