DOCSLIB.ORG

Extraordinary Rendition: a Study of the `Gaps' in the International Legal Framework Obligations, Fault Lines and Hyper Legalism

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Extraordinary Rendition: a Study of the `Gaps' in the International Legal Framework Obligations, Fault Lines and Hyper Legalism Durham E-Theses Extraordinary Rendition: A Study of the `Gaps' in the International Legal Framework Obligations, Fault Lines and Hyper Legalism GROZDANOVA, RUMYANA,MARIUSOVA How to cite: GROZDANOVA, RUMYANA,MARIUSOVA (2017) Extraordinary Rendition: A Study of the `Gaps' in the International Legal Framework Obligations, Fault Lines and Hyper Legalism , Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/12058/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 Extraordinary Rendition: A Study of the ‘Gaps’ in the International Legal Framework Obligations, Fault Lines and Hyper Legalism —— R.M. Grozdanova —— A Thesis submitted for the Degree of Doctor of Philosophy —— Supervised by Prof I. Leigh Prof F. de Londras —— Durham Law School Durham University March 2016 1 Extraordinary Rendition: A Study of the ‘Gaps’ in the International Legal Framework R.M.Grozdanova Following 9/11, the prevention and pre-emption of acts of terrorism has become a priority at domestic and international level. The immediate legislative and political responses of countries such as the US and the UK are illustrative of the preference for more expansive national security policies over effective protection of individual human rights and civil liberties. In this context, national security has become much more strongly associated with pre-empting and preventing acts of terrorism. Expansive counter-terrorism programmes such as the high value detainee programme including extraordinary rendition were developed in order to facilitate this push for pre-emption and prevention. Extraordinary rendition in its post 9/11 construct has become a euphemism for the irregular transfer of individuals across borders for the purposes of their incommunicado detention and enhanced interrogation in conditions that constitute multiple violations of human rights, including the right to be free from torture. It is, thus, a complex phenomenon, comprising of grave and multiple violations of international obligations, and severely challenging the perception that international human rights law has the capacity to effectively protect individual rights and particularly to uphold the absolute, jus cogens character of the prohibition against torture. However, while certain elements of the international and human rights frameworks may have lend themselves to hyper legalistic exploitation for the purposes of the ‘War on Terror’, human rights adjudicatory bodies such as the European Court of Human Rights and the UN Human Rights Committee have tried to resist the challenge posed by expansive counter-terrorism practices and have shown the strength within the human rights framework. 2 Declaration “No part of this thesis has been submitted elsewhere for any other degree of qualification in this or other university. It is all my own work unless referenced to the contrary in the text” Statement of Copyright “The copyright of this thesis rests with the author. No quotation from it should be published without the author's prior written consent and information derived from it should be acknowledged” 3 Acknowledgements I would like to express to my first thanks to my supervisor – Prof Fiona de Londras – without whose guidance, wisdom and patience this thesis may not have come to fruition. I would particularly like to thank her for the opportunity to come with her to Durham University. I would also like to thank Prof Ian Leigh for his support and kindness throughout. I will be forever indebted to all my friends across Bulgaria, Ireland and the United Kingdom for their patience and words of encouragement during this process. Few deserve a special mention however – Ntina Tzouvala, Anna Jobe, Alice Panepinto, Emma Black, Nadezhda Sotirova, Joshua Jowitt, Alan Greene, Kanstantsin Dzehtsiarou, Rob Knox and Padraig McAuliffe. I would especially like to thank Bart van Ark who just like Frodo’s Sam was right there for me at the end of things. 4 Dedications This thesis is dedicated to my wonderful parents, Mario and Valentina, whose unwavering love and support have always been an invaluable source of strength. Even at the most difficult of times, they seem able to make me laugh to tears. I will forever be immensely grateful for their exceptionally hard work, without which this thesis would not have come into existence and for putting books in my hands since the age of 4. Thank you for being my Sgt. Peppers’s PhD Support Band, I will always need you even when I am 64. This thesis is also dedicated to my one and favourite aunt, Natasha, whose warm smile and kind words made the gloomiest and most challenging of days seem full of sunshine and possibilities. After I completed my undergraduate and Masters degrees, she told me that while not all doors will open, some definitely would. When I started this PhD thesis, she smiled knowingly and said this seems to fit perfectly as I like reading so much; I just had to keep at it. As always she was right. I wish I had the chance to say it in person. 5 Table of Contents Extraordinary Rendition: A Study of the ‘Gaps’ in the International Legal 1 Framework Abstract 2 Acknowledgements 4 Dedications 5 Table of Contents 6 Introduction: The ‘Uniqueness’ of 9/11 – Prevention, Pre-Emption and 9 Securitisation The Uniqueness of 9/11 and subsequent Securitisation 16 2.1. International Securitisation 17 2.2. Domestic Securitisation 22 The post 9/11 Securitisation Catalysts and US Hyper Legalism 27 Extraordinary Rendition in the post 9/11 Environment – a Unique Challenge to the 33 International Human Rights Framework? 4.1. Historical Background of Renditions and Existing Jurisprudence 34 36 4.2. Post 9/11 Operation and Examination of Extraordinary Rendition Chapter 1: The Rendition Circuits in Practice: Four Case Studies 42 Initiation of the Rendition Circuits: The ‘Authorising/Sending State’ 44 2.1. Relevant Statutory Provisions governing Transfers and General Approach to International 46 Legal Standards 49 2.2. Existing Jurisprudence and History of the US as an ‘Authorising State’ of Irregular Transfers 53 2.3. Post 9/11 Use of Extraordinary Renditions: Catalysts and Hyper Legalism Rendition Circuits and Transit States: Diego Garcia and Shannon Airport 54 3.1. Transit Point Type 1 (Stopover, Refuelling and Detention Facilities): The Island of Diego 56 Garcia 65 3.2. Transit Point Type 2 (Stopover, Refuelling and Overflight Clearances): Shannon Airport 6 Rendition Circuits and Receiving States: Syria 73 Chapter 2: Non-Refoulement and Irregular Transfers in Peace, Armed Conflict 82 and the ‘War on Terror’ The Prohibition against Torture and Non-Refoulement pre 9/11: International Human Rights 83 and Humanitarian Law Protections 2.1. Jus Cogens and Non-Derogable International Legal Norms 84 2.2. International Human Rights Non-Refoulement Provisions 87 2.3. International Humanitarian Law protections regulating Transfers 95 General Applicability of International Human Rights Law and International Humanitarian 98 Law to the ‘War on Terror’ The ‘War on Terror’ – an Armed Conflict under IHL? 103 4.1. The Concept of Armed Conflict under IHL 104 4.2. The War on Terror – an Armed Conflict? 107 4.3. Restrictions on Common Article 3 and other Core IHL Protections 111 4.4. IHL, Hyper Legalism and Irregular Transfers 116 Chapter 3: Diplomatic Assurances and Memoranda of Understanding – Limiting 120 Liability under the Anti-Torture Norm and Non-Refoulement Obligations Diplomatic Assurances and Memoranda of Understanding: Definitions, Established Practice 122 and (Lack of) Enforcement Mechanisms 2.1. Understanding Diplomatic Assurances and Memoranda of Understanding 124 2.2. Potential Enforcement Mechanisms 125 Transferring Individuals with Diplomatic Assurances – Existing Jurisprudence 128 3.1. International Approach to Diplomatic Assurances 130 3.2. Regional Approaches to Diplomatic Assurances 134 3.3. Domestic Courts’ Assessment of Diplomatic Assurances 143 Limiting Non-Refoulement Obligations – Diplomatic Assurances, Memoranda of 147 Understanding and Extraordinary Rendition 7 Chapter 4: The Concept of Jurisdiction and the Rendition Circuits 152 Defining Jurisdiction 155 2.1. Traditional Approach to Jurisdiction in International Law 156 2.2. Territorial Approach to Jurisdiction and Extraordinary Renditions 159 Extraterritorial Application of Human Rights Standards 161 3.1. Regional Approach to Extraterritoriality 163 3.2. International Approach to Extraterritoriality 182 3.3. The Personal Jurisdiction Model at Regional and International Level: Concluding Remarks 188 Jurisdictional Rules, Extraordinary Rendition and the United States 190 Jurisdictional Rules, Extraordinary Renditions and Third Party Responsibility 193 Chapter 5: Privatisation, Intelligence Cooperation and the Rendition 200 Circuits The Use of Private Actors and Private Companies 202 2.1. Private Charter Companies
Load more

Recommended publications
  • The Wilson Doctrine Pat Strickland
    BRIEFING PAPER Number 4258, 19 June 2015 By Cheryl Pilbeam The Wilson Doctrine Pat Strickland Inside: 1. Introduction 2. Historical background 3. The Wilson doctrine 4. Prison surveillance 5. Damian Green 6. The NSA files and metadata 7. Labour MPs: police monitoring www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number 4258, 19 June 2015 2 Contents Summary 3 1. Introduction 4 2. Historical background 4 3. The Wilson doctrine 5 3.1 Criticism of the Wilson doctrine 6 4. Prison surveillance 9 4.1 Alleged events at Woodhill prison 9 4.2 Recording of prisoner’s telephone calls – 2006-2012 10 5. Damian Green 12 6. The NSA files and metadata 13 6.1 Prism 13 6.2 Tempora and metadata 14 Legal challenges 14 7. Labour MPs: police monitoring 15 Cover page image copyright: Chamber-070 by UK Parliament image. Licensed under CC BY 2.0 / image cropped 3 The Wilson Doctrine Summary The convention that MPs’ communications should not be intercepted by police or security services is known as the ‘Wilson Doctrine’. It is named after the former Prime Minister Harold Wilson who established the rule in 1966. According to the Times on 18 November 1966, some MPs were concerned that the security services were tapping their telephones. In November 1966, in response to a number of parliamentary questions, Harold Wilson made a statement in the House of Commons saying that MPs phones would not be tapped. More recently, successive Interception of Communications Commissioners have recommended that the forty year convention which has banned the interception of MPs’ communications should be lifted, on the grounds that legislation governing interception has been introduced since 1966.
    [Show full text]
  • High Court Judgment Template
    Case No: CO/5160/2014 Neutral Citation Number: [2015] EWHC 2354 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 07/08/2015 Before: THE HONOURABLE MR JUSTICE CRANSTON - - - - - - - - - - - - - - - - - - - - - Between: THE COMMISSIONER OF THE POLICE OF THE Claimant METROPOLIS - and - SYED TALHA AHSAN Defendant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Tom Little (instructed by the Metropolitan Police Legal Service) for the Claimant Mr Daniel Squires (instructed by Birnberg Peirce & Partners) for the Defendant Hearing dates: 24/07/2015 - - - - - - - - - - - - - - - - - - - - - Judgmen tMr Justice Cranston: Introduction: 1. This is an application by the Commissioner of Police of the Metropolis (“the Commissioner”) for an order to impose notification requirements for a period of 15 years on Syed Talha Ahsan (“Mr Ahsan”) under the Counter-Terrorism Act 2008 (“the 2008 Act”). In 2013, he was convicted in the United States of conspiracy to provide material assistance for terrorism through his involvement in a website. He has now returned to the United Kingdom. The notification order will require him for that period to attend police stations to provide, and update, information about his living arrangements and to provide details about his travel plans, for which permission can be refused. Breach of the requirements is punishable with imprisonment of up to 5 years. 2. Notification requirements have been imposed in many cases when persons have been convicted in the UK of terrorist-related offences. This is the first case in which a notification order has been contested in respect of a person convicted outside the UK of a corresponding foreign offence.
    [Show full text]
  • The Ethics of Intelligence Collection Ross W. Bellaby
    What’s the Harm? The Ethics of Intelligence Collection Ross W. Bellaby Thesis submitted in fulfilment of the requirements for the degree of PhD Department of International Politics Aberystwyth University June 13th, 2011 DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed ...................................................................... (Ross W. Bellaby) Date ........................................................................ STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Where *correction services have been used, the extent and nature of the correction is clearly marked in a footnote(s). Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed ..................................................................... (Ross W. Bellaby) Date ........................................................................ [*this refers to the extent to which the text has been corrected by others] STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter- library loan, and for the title and summary to be made available to outside organisations. Signed ..................................................................... (Ross W. Bellaby) Date ........................................................................ I hereby give consent for my thesis, if accepted, to be available for photocopying
    [Show full text]
  • Union Will Campaign to Free Former Student Imprisoned Under Terror
    The ye ar of physics Going underground New year nightlife Flying daggers Celebrating science in 2005, The Caving Club’s ex pedition Ringing in 2005 with some Felix Film takes in a page 7 to Slovenia, page 11 psy-trance, page 14 beautiful movie, page 16 The student newspaper of Imperial College ● Established 1949 ● Issue 1310 ● Thursday 6 January 2005 ● www.felixonline.co.uk The tsunami On Boxing Day, countries sur- rounding the Indian Ocean Union will campaign to free former were struck by one of the worst natural disasters in history. student imprisoned under terror laws There are six articles on the tragedy, including details of Imperial College’s response By Dave Edwards and how an early warning Editor system could have saved thousands of lives. Imperial College Union has uNEWS page 2 resolved to actively support u SCIENCE page 7 the ‘Free Babar Ahmad’ cam- paign. Library loss? Mr Ahmad, a former stu- The popular mechanical engi- dent and staff member at neering department library Imperial College, was arrest- and reading room may close ed in December 2003 under in the near future. The area the Terrorism Act [see Felix is seen as “a potential solu- issue 1279] and subsequently tion to a series of conflicting released without charge. He demands for space”. was rearrested in August this uNEWS page 4 year on allegations of involve- ment in acts of terrorism and Accountability is currently awaiting extradi- The Imperial College Union tion to the United States. His President and other offic- case is due to be reviewed in ers have been criticised for the near future.
    [Show full text]
  • Index to the House of Commons Parliamentary
    VOLUME 537 SIXTH SERIES INDEX TO THE HOUSE OF COMMONS PARLIAMENTARY DEBATES (HANSARD) SESSION 2010–12 5th December—20th December 2011 £00·00 © Parliamentary Copyright House of Commons 2011 Applications for reproduction should be made in writing to the Copyright Unit, Her Majesty’s Stationery Office, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ Fax 01603 723000 e-mail: [email protected] Her Majesty’s Stationery Office is independent of and separate from the company now trading as The Stationery Office Ltd., which is responsible for printing and publishing House publications. INDEX TO THE PARLIAMENTARY DEBATES OFFICIAL REPORT SIXTH SERIES VOLUME 537 SESSION 2010–12 5th December—20th December 2011 SCOPE The index is derived from the headings that appear in Hansard. The index includes entries covering the names of all Members contributing to the Parliamentary business recorded in Hansard, including Divisions. REFERENCES • References in the indexes are to columns rather than pages. • There are separate sequences in Hansard for the material taken on the floor of the House, Westminster Hall sittings, written statements, written questions, ministerial corrections and petitions • References consisting of a number by itself indicate material taken on the floor of the House. • References ending in ‘wh’ indicate Westminster Hall sittings. • References ending in ‘ws’ indicate written statements. • References ending in ‘w’ indicate written questions. • References ending in ‘p’ indicate written petitions. • References ending in ‘mc’ indicate ministerial corrections. • References under all headings except the names of Members contributing to Parliamentary business and the titles of legislation are listed in one numerical sequence irrespective of whether the material is taken on the floor of the House, is discussed at a Westminster Hall sitting, is a written statement or is a written question.
    [Show full text]
  • IHRC-Issue 6-2005
    Fighting Dicussing Articulating Hijab Bans Liberation our needs PAGE 2 PAGE 6 PAGE 8 VOLUME 6 - RAMADAN 1426 / OCTOBER 2005 In the name of Al-laah, HIS FAMILY WERE MURDERED BY FANATICS. The-Source-Of-Mercy, The-Especially-Merciful. THE AIMS OF THE WHENWHEN WILLWILL ITIT TRULYTRULY ISLAMIC HUMAN RIGHTS COMMISSION ARE: BEBE "NEVER"NEVER AGAIN?"AGAIN?" ■ To champion the rights and duties revealed for human beings. ■ To promote a new social and international order, based on truth, justice,righteousness and generosity, rather than self-interest. ■ To demand virtue and oppose wrongdoing in the exercise of power (from whatever base that power derives - e.g. political, judicial, media, economic, military, personal, etc.). ■ To gather information about, and © AP Photo to publicise, atrocities, oppression, Bosnian boy reciting the Quran at the graves of victims of the Srebrenica massacres, July 2005. discrimination, and other abuses of uly this year witnessed a gave a green light for the attack vived the preachers of hatred. His statements from Muslim leaders. memorial for the worst and even prevented NATO family didn’t. Who will act against Why are such statements divinely-granted rights. atrocity committed in airstrikes to stop the advancing those who murdered them? Who humiliating? Because they are Europe since the Second Serb forces. An apology for the will reform the churches that advo- asked only of Muslims as if we are ■ JWorld War: Srebrenica. international system being com- cated these murders? If Jack all culpable for the crimes of a few. To campaign for redress, and to finally being laid to rest of up to plicit in genocide is, at best, offen- Straw or any of his European coun- At IHRC we believe that communi- 12,000 Bosnian men and boys sive.
    [Show full text]
  • Violations: : : 18 U.S.C
    Case 3:06-cr-00194-JCH Document 1 Filed 06/28/06 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA : Case No: : : VIOLATIONS: : : 18 U.S.C. §2339A(Conspiracy to Provide : Material Support to Terrorists) : v. : 18 U.S.C. § 2339A (Providing Material : Support to Terrorists) : : 18 U.S.C. § 956 (Conspiracy to Kill/Injure : Persons Abroad) : : 18 U.S.C. § 371 (Conspiracy) : SYED TALHA AHSAN : 18 U.S.C. § 2 (Aiding and Abetting) I N D I C T M E N T The Grand jury charges that: INTRODUCTION 1. From in or about 1997, the exact date being unknown to the grand jury, and continuing through at least August, 2004, BABAR AHMAD (“AHMAD”), a resident of the United Kingdom, and AZZAM PUBLICATIONS, who are named but not charged herein, along with the defendant SYED TALHA AHSAN (“AHSAN”), and others known and unknown to the grand jury, provided, and conspired to provide, material support and resources to persons engaged in acts of terrorism in Afghanistan, Chechnya and elsewhere. Specifically, AHMAD, AZZAM PUBLICATIONS, AHSAN and others known and unknown to the grand jury, through the creation and use of various internet websites, e-mail communications, and other means, provided: expert advice and assistance; communications equipment; military items; currency; Case 3:06-cr-00194-JCH Document 1 Filed 06/28/06 Page 2 of 14 monetary instruments; financial services; and personnel, all designed to recruit for and assist the Taliban and the Chechen Mujahideen, and to raise funds for terrorist activities in Afghanistan, Chechnya and other places.
    [Show full text]
  • Punishing the Innocent
    Pierce 3/12/05 2:13 AM Page 44 44 Punishing Perhaps you don’t remember, Gareth, but one of the first times I met you, you said the innocent that, it was the Irish first and I can see now it’s the turn of the Muslims. This was before September 11th had taken place. Did you Gareth Peirce ever envisage that we’d be in the situation interviewed by that we are today that you would have to Moazzam Begg defend people who are held without charge and without trial again? Gareth Peirce is a human No. I’m sure none of us, whatever rights lawyer whose long observations we might have made, list of clients includes the probably in the same way that people at the Birmingham Six, the beginning of the conflict in Northern Guildford Four, Ireland would never have envisaged thirty Guantanamo detainees, the years of sustained nightmares. I don’t think family of Jean Charles de we could ever have thought that things Menezes, and many of the would come to how they are now. men detained without trial or under a control order in We both visited Northern Ireland, I think it the United Kingdom. She was last year, at the opening of the Free spoke to Moazzam Begg Derry Museum and I was very taken by the who is himself a former powerful message that was given out at that Guantanamo detainee and meeting, at the opening of the museum, now the spokesman for the meeting many people, including Martin organisation Cageprisoners McGuinness, for the first time in my life and which first published the seeing that people now were going through exchange on its website the peace process, had gone through a (www.cageprisoners.com), process which began in a sense with from which we reprint these internment, and then Bloody Sunday excerpts.
    [Show full text]
  • Volume XI, Issue 6 December 2017 PERSPECTIVES on TERRORISM Volume 11, Issue 6
    ISSN 2334-3745 Volume XI, Issue 6 December 2017 PERSPECTIVES ON TERRORISM Volume 11, Issue 6 Table of Contents Welcome from the Editors..................................................................................................................................3 Articles Thirty Years after its Foundation - Where is al-Qaida Going?.............................................5 by Anne Stenersen Revisiting al-Qaida’s Foundation and Early History.............................................................17 by Leah Farrall Al-Qaida and the Pakistani Harakat Movement: Reflections and Questions about the Pre-2001 Period............................................................................................................38 by Don Rassler The Jihadi Social Movement (JSM): Between Factional Hegemonic Drive, National Realities, and Transnational Ambitions................................................................55 by Jerome Drevon Jihadi Competition and Political Preferences........................................................................63 by Tore Hammin The Spread of its Message: Studying the Prominence of al-Qaida Materials in UK Terrorism Investigations..................................................................................................89 by Donald Holbrook Islamic State and Technology – a Literature Review...........................................................101 by Truls Tønnessen Islamic State and Al-Nusra: Exploring Determinants of Chemical Weapons Usage Patterns............................................................................................................................................112
    [Show full text]
  • Open Society Justice Initiative | Globalizing Torture
    GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION ENDNOTES GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 2 Copyright © 2013 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-936133-75-8 PUBLISHED BY: Open Society Foundations 400 West 59th Street New York, New York 10019 USA www.opensocietyfoundations.org FOR MORE INFORMATION CONTACT: Amrit Singh Senior Legal Officer National Security and Counterterrorism [email protected] DESIGN AND LAYOUT BY: Ahlgrim Design Group PRINTED BY: GHP Media, Inc. PHOTOGRAPHY: Cover photo © Ron Haviv/VII 3 CONTENTS ACKNOWLEDGMENTS AND METHODOLOGY 4 EXECUTIVE SUMMARY 5 RECOMMENDATIONS 9 SECTION I: INTRODUCTION 11 SECTION II: THE EVOLUTION OF CIA SECRET DETENTION AND 13 EXTRAORDINARY RENDITION OPERATIONS Extraordinary Rendition 13 Secret Detention and “Enhanced Interrogation Techniques” 15 Current Policies and Practices 19 SECTION III: INTERNATIONAL LEGAL STANDARDS APPLICABLE TO 22 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION Torture and Cruel, Inhuman, and Degrading Treatment 23 Transfer to Torture or Cruel, Inhuman, or Degrading Treatment 25 Arbitrary Detention and Enforced Disappearance 26 Participation in Secret Detention and Extraordinary Rendition Operations 27 SECTION IV: DETAINEES SUBJECTED TO POST-SEPTEMBER 11, 2001, 29 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION V: FOREIGN GOVERNMENT PARTICIPATION IN 61 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION VI: CONCLUSION 119 ENDNOTES 120 4 ACKNOWLEDGMENTS This report was written by Amrit Singh, Senior Legal Officer for the Open Society Justice Initiative’s National Security and Counterterrorism program, and edited by David Berry.
    [Show full text]
  • Entitled to Be a Radical? Counter-Terrorism and Travesty of Human Rights in the Case of Babar Ahmad
    This may be the author’s version of a work that was submitted/accepted for publication in the following source: Poynting, Scott (2016) Entitled to be a radical? Counter-terrorism and travesty of human rights in the case of Babar Ahmad. State Crime Journal, 5(2), pp. 204-219. This file was downloaded from: https://eprints.qut.edu.au/102931/ c Copyright 2016 International State Crime Initiative This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the docu- ment is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recog- nise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to [email protected] Notice: Please note that this document may not be the Version of Record (i.e. published version) of the work. Author manuscript versions (as Sub- mitted for peer review or as Accepted for publication after peer review) can be identified by an absence of publisher branding and/or typeset appear- ance. If there is any doubt, please refer to the published source. https://doi.org/10.13169/statecrime.5.2.0204 Entitled to be a Radical? Counter-Terrorism and Travesty of Human Rights in the Case of Babar Ahmad.
    [Show full text]
  • Getting the Caucasus Emirate Right
    a report of the csis russia and eurasia program Getting the Caucasus Emirate Right 1800 K Street, NW | Washington, DC 20006 Author Tel: (202) 887-0200 | Fax: (202) 775-3199 Gordon M. Hahn E-mail: [email protected] | Web: www.csis.org August 2011 ISBN 978-0-89206-665-0 Ë|xHSKITCy066650zv*:+:!:+:! a report of the csis russia and eurasia program Getting the Caucasus Emirate Right Author Gordon M. Hahn August 2011 About CSIS At a time of new global opportunities and challenges, the Center for Strategic and International Studies (CSIS) provides strategic insights and bipartisan policy solutions to decisionmakers in government, international institutions, the private sector, and civil society. A bipartisan, nonprofit organization headquartered in Washington, D.C., CSIS conducts research and analysis and devel- ops policy initiatives that look into the future and anticipate change. Founded by David M. Abshire and Admiral Arleigh Burke at the height of the Cold War, CSIS was dedicated to finding ways for America to sustain its prominence and prosperity as a force for good in the world. Since 1962, CSIS has grown to become one of the world’s preeminent international policy institutions, with more than 220 full-time staff and a large network of affiliated scholars focused on defense and security, regional stability, and transnational challenges ranging from energy and climate to global development and economic integration. Former U.S. senator Sam Nunn became chairman of the CSIS Board of Trustees in 1999, and John J. Hamre has led CSIS as its president and chief executive officer since 2000. CSIS does not take specific policy positions; accordingly, all views expressed herein should be understood to be solely those of the author(s).
    [Show full text]