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Counterterrorism and Investigative Detention

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Counterterrorism and Investigative Detention

International and Comparative Legal Evolution

9781800887176 Edward Elgar Publishing
Dan E. Stigall, Counselor for International Affairs, National Security Division, U.S. Department of Justice, Distinguished Professorial Lecturer in National Security Law, The George Washington University Law School, US
Publication Date: September 2021 ISBN: 978 1 80088 717 6 Extent: c 272 pp
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.

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Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.

The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country’s legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat.

This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.
Critical Acclaim
‘Dan Stigall provides a compelling explanation that the inevitable tension between security requirements and civil liberty imperatives never allows for clean-cut solutions, and instead Americans must insist on processes that allow both requirements to peacefully vie with each other, and accept the reality that the best outcomes result from compromise.’
– Lieutenant General (retired) Michael K. Nagata, US Army

‘Dan Stigall is the perfect person to write this important book: an experienced practitioner and skilled academic who carefully navigates the complexities of investigative detention such that expert and novice both walk away better informed and maybe even questioning their own assumptions.’
– Matthew Levitt, The Washington Institute for Near East Policy, US

This title is available for institutional purchase via Elgaronline.

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