Diane Webber - Academia.edu (original) (raw)

Papers by Diane Webber

Research paper thumbnail of The international law framework for targeted killing

Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Preventive and Administrative Detention

Elgar Encyclopedia of Human Rights

Research paper thumbnail of The international law framework for preventive detention

Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Critiquing approaches to countering extremism : the fundamental British values problem in English formal schooling

Teaching fundamental British values in schools to deter and counter extremism is seen as a centra... more Teaching fundamental British values in schools to deter and counter extremism is seen as a central part of counter-terrorism policy. We critique the current approach, highlighting the more controversial aspects of the fundamental British values agenda and point to other values frameworks more suited to the role of combatting extremism within schooling

Research paper thumbnail of Preparing to Commit Domestic Terrorist Activity: Does the United States Have Adequate Tools to Stop This? *

American University of International Law Review, 2018

Research paper thumbnail of The Case of Binyam Mohamed: National Security or National Embarrassment?

SSRN Electronic Journal, 2009

Research paper thumbnail of Preventive Detention in the Law of Armed Conflict: Throwing Away the Key?

Journal of National Security Law and Policy, 2011

Much debate has focused on the appropriate legal framework for preventive detention. 4 Should ter... more Much debate has focused on the appropriate legal framework for preventive detention. 4 Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest, and trial? By contrast, should suspected terrorists be treated as though they were involved in an armed conflict, which would involve detention and trial according to a completely different set of rules and procedures? How should those two models be balanced? In traditional wars between states with finite ends, the choice of law is likely to be fairly clear cut. As the United States battles to counter violent extremism, it seems that neither model is a perfect fit to deal with twentyfirst century asymmetric terrorism. C. Core Issues Other than the framework problem, other core issues about the Law of Armed Conflict (LOAC) model include questions relating to duration of the conflict, including how to define the point when conflict ends, the process of status adjudication, and release, location of capture, and nationality of detainees. This article focuses on the LOAC model of preventive detention and analyzes the legal framework, duration of LOAC detention, procedures for challenging that detention, and evolution of those procedures in the last ten years. Most of the attention of the courts has been directed at detainees at Guantánamo Bay, but this article also examines the status of some detainees at Parwan, Afghanistan (formerly held at Bagram) and in Iraq, and questions the suitability of the current LOAC model for the United States to detain suspected terrorists in the future, both within and outside of Guantánamo, on or off the battlefield. Part I analyzes the legal framework for preventive detention in accordance with the LOAC. Part II discusses duration of detention. Part III examines problems relating to challenging detention in the context of some recent cases of detainees at Guantánamo Bay. Part IV discusses detention in Iraq and Afghanistan and focuses on the case of Fadi al Maqaleh, 5 currently detained at Parwan. Part V discusses sections of the National Defense Authorization Act of 2012 (NDAA) dealing with detainee

Research paper thumbnail of Can We Find and Stop the" Jihad Janes"?

Cardozo Journal of Comparative and International …, 2011

... subway plot. Naseer is a Pakistani terror suspect who has been detained in the UK ... involve... more ... subway plot. Naseer is a Pakistani terror suspect who has been detained in the UK ... involved in jihad?”24 Almost in answer to Panetta's question was the attempt of Faisal Shahzad, a Pakistani-born US citizen, to detonate a car bomb in Times Square, New York in May 2010.25 ...

Research paper thumbnail of Education as a Counterterrorism Tool and the Curious Case of the Texas School Book Resolution

Maryland Law Journal of Race, Religion, Gender …, 2011

Educate and inform the whole mass of the people... They are the only sure reliance for the preser... more Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." I. INTRODUCTION From an early age, children should be taught to respect, understand and tolerate people of different religions, and those of no religion. As a case study, this paper reviews a resolution2 passed by the Texas State Board of Education on September 24, 2010. The resolution prevents schools from teaching certain social studies texts that contain "pro-Islamic/anti-Christian distortions." 3 Unsurprisingly, the resolution elicited diverse reactions. 4 It has been described as "a stunning victory for our nation's schools" 5 by some, and "a thinly veiled attempt to generate fear and promote religious intolerance" by others. 6 This paper argues that the benefits of religious tolerance education extend well beyond the obvious advantage of improving students' understanding of each other: religious tolerance education can also be an extremely valuable and essential counterterrorism tool.

Research paper thumbnail of Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Extreme Measures: Does the United States Need Preventive Detention to Combat Domestic Terrorism?

Preventive detention: "an extreme measure which places the individual wholly under the control of... more Preventive detention: "an extreme measure which places the individual wholly under the control of the state, not as a punishment for a proven transgression of the law but rather as a precautionary measure based on a presumption of actual or future criminal conduct…" 1 ABSTRACT This paper deals with preventive detention in the United States, i.e. the detaining of a suspect to prevent a future domestic terrorist offense. Two recent events are examined: the Fort Hood shootings; and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. The paper demonstrates that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible terrorist acts, the paper proposes three possible ways to fill this gap in U.S. law, and give the United States the same tools to fight terrorism as the other countries discussed in the paper, within the boundaries of the Constitution.

Research paper thumbnail of Preventive Detention of Terror Suspects

Preventive Detention of Terror Suspects

Research paper thumbnail of The international law framework for targeted killing

Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Preventive and Administrative Detention

Elgar Encyclopedia of Human Rights

Research paper thumbnail of The international law framework for preventive detention

Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Critiquing approaches to countering extremism : the fundamental British values problem in English formal schooling

Teaching fundamental British values in schools to deter and counter extremism is seen as a centra... more Teaching fundamental British values in schools to deter and counter extremism is seen as a central part of counter-terrorism policy. We critique the current approach, highlighting the more controversial aspects of the fundamental British values agenda and point to other values frameworks more suited to the role of combatting extremism within schooling

Research paper thumbnail of Preparing to Commit Domestic Terrorist Activity: Does the United States Have Adequate Tools to Stop This? *

American University of International Law Review, 2018

Research paper thumbnail of The Case of Binyam Mohamed: National Security or National Embarrassment?

SSRN Electronic Journal, 2009

Research paper thumbnail of Preventive Detention in the Law of Armed Conflict: Throwing Away the Key?

Journal of National Security Law and Policy, 2011

Much debate has focused on the appropriate legal framework for preventive detention. 4 Should ter... more Much debate has focused on the appropriate legal framework for preventive detention. 4 Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest, and trial? By contrast, should suspected terrorists be treated as though they were involved in an armed conflict, which would involve detention and trial according to a completely different set of rules and procedures? How should those two models be balanced? In traditional wars between states with finite ends, the choice of law is likely to be fairly clear cut. As the United States battles to counter violent extremism, it seems that neither model is a perfect fit to deal with twentyfirst century asymmetric terrorism. C. Core Issues Other than the framework problem, other core issues about the Law of Armed Conflict (LOAC) model include questions relating to duration of the conflict, including how to define the point when conflict ends, the process of status adjudication, and release, location of capture, and nationality of detainees. This article focuses on the LOAC model of preventive detention and analyzes the legal framework, duration of LOAC detention, procedures for challenging that detention, and evolution of those procedures in the last ten years. Most of the attention of the courts has been directed at detainees at Guantánamo Bay, but this article also examines the status of some detainees at Parwan, Afghanistan (formerly held at Bagram) and in Iraq, and questions the suitability of the current LOAC model for the United States to detain suspected terrorists in the future, both within and outside of Guantánamo, on or off the battlefield. Part I analyzes the legal framework for preventive detention in accordance with the LOAC. Part II discusses duration of detention. Part III examines problems relating to challenging detention in the context of some recent cases of detainees at Guantánamo Bay. Part IV discusses detention in Iraq and Afghanistan and focuses on the case of Fadi al Maqaleh, 5 currently detained at Parwan. Part V discusses sections of the National Defense Authorization Act of 2012 (NDAA) dealing with detainee

Research paper thumbnail of Can We Find and Stop the" Jihad Janes"?

Cardozo Journal of Comparative and International …, 2011

... subway plot. Naseer is a Pakistani terror suspect who has been detained in the UK ... involve... more ... subway plot. Naseer is a Pakistani terror suspect who has been detained in the UK ... involved in jihad?”24 Almost in answer to Panetta's question was the attempt of Faisal Shahzad, a Pakistani-born US citizen, to detonate a car bomb in Times Square, New York in May 2010.25 ...

Research paper thumbnail of Education as a Counterterrorism Tool and the Curious Case of the Texas School Book Resolution

Maryland Law Journal of Race, Religion, Gender …, 2011

Educate and inform the whole mass of the people... They are the only sure reliance for the preser... more Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." I. INTRODUCTION From an early age, children should be taught to respect, understand and tolerate people of different religions, and those of no religion. As a case study, this paper reviews a resolution2 passed by the Texas State Board of Education on September 24, 2010. The resolution prevents schools from teaching certain social studies texts that contain "pro-Islamic/anti-Christian distortions." 3 Unsurprisingly, the resolution elicited diverse reactions. 4 It has been described as "a stunning victory for our nation's schools" 5 by some, and "a thinly veiled attempt to generate fear and promote religious intolerance" by others. 6 This paper argues that the benefits of religious tolerance education extend well beyond the obvious advantage of improving students' understanding of each other: religious tolerance education can also be an extremely valuable and essential counterterrorism tool.

Research paper thumbnail of Human Rights Law and Counter Terrorism Strategies

Research paper thumbnail of Extreme Measures: Does the United States Need Preventive Detention to Combat Domestic Terrorism?

Preventive detention: "an extreme measure which places the individual wholly under the control of... more Preventive detention: "an extreme measure which places the individual wholly under the control of the state, not as a punishment for a proven transgression of the law but rather as a precautionary measure based on a presumption of actual or future criminal conduct…" 1 ABSTRACT This paper deals with preventive detention in the United States, i.e. the detaining of a suspect to prevent a future domestic terrorist offense. Two recent events are examined: the Fort Hood shootings; and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. The paper demonstrates that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible terrorist acts, the paper proposes three possible ways to fill this gap in U.S. law, and give the United States the same tools to fight terrorism as the other countries discussed in the paper, within the boundaries of the Constitution.

Research paper thumbnail of Preventive Detention of Terror Suspects

Preventive Detention of Terror Suspects