Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?

Simple item page
dc.contributor.authorKunschak, Martinen_ZA
dc.date.accessioned2014-07-30T18:19:40Z
dc.date.available2014-07-30T18:19:40Z
dc.date.issued2014-07-30
dc.description.abstractHardly any attention has been paid to another important aspect touching on general international law and international human rights law in particular: What is the effect of counter-terrorist actions on existing rules of human rights law when these actions violate these norms? Could they possibly create a new rule? The thesis will look at this neglected aspect of the 'war on terrorism' with focus on the troublesome practice of designating persons terrorists and detaining them without trial. A look at the current state of international law reveals that such detention without trial is prohibited under human rights law and humanitarian law. Nevertheless, states across the world have adopted this 'crown jewel of [e]mergency measures'. The question of how states justify their approach in order to get around the prohibition arises. And could the practice together with its justification provide the basis for the emergence of a new rule of international law? The approach taken in this thesis will firstly establish the existing rules, secondly examine state practice in contravention of the existing rules and thirdly analyse the effect of this contravention on the existing rules.en_ZA
dc.identifier.apacitationKunschak, M. (2014). <i>Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/4711en_ZA
dc.identifier.chicagocitationKunschak, Martin. <i>"Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/4711en_ZA
dc.identifier.citationKunschak, M. 2014-07-30. Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Kunschak, Martin AB - Hardly any attention has been paid to another important aspect touching on general international law and international human rights law in particular: What is the effect of counter-terrorist actions on existing rules of human rights law when these actions violate these norms? Could they possibly create a new rule? The thesis will look at this neglected aspect of the 'war on terrorism' with focus on the troublesome practice of designating persons terrorists and detaining them without trial. A look at the current state of international law reveals that such detention without trial is prohibited under human rights law and humanitarian law. Nevertheless, states across the world have adopted this 'crown jewel of [e]mergency measures'. The question of how states justify their approach in order to get around the prohibition arises. And could the practice together with its justification provide the basis for the emergence of a new rule of international law? The approach taken in this thesis will firstly establish the existing rules, secondly examine state practice in contravention of the existing rules and thirdly analyse the effect of this contravention on the existing rules. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law? TI - Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law? UR - http://hdl.handle.net/11427/4711 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4711
dc.identifier.vancouvercitationKunschak M. Creating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4711en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleCreating legal blackholes? Terrorism and detention without trial: towards a changing rule in international law?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_law_kunschakm_2006.pdf
Size:
824.3 KB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Masters