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Chapter 3: Rationales for Preventive Detention in the War on Terror |
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Interrogation |
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Is Interrogation a Legitimate Rationale for Preventive Detention? |
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Incapacitation |
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Difficulties with Trying Terrorists in Article III Courts |
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Chapter 4: Lawfulness of Preventive Detention |
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Constitutional Concerns with Preventive Detention |
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Fourth and Fifth Amendments to the Constitution |
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War Powers of the President |
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Enemy Combatant Cases: Hamdi, Padilla, and al-Marri |
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Hamdi |
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Padilla |
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al-Marri |
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Statutory Concerns with Preventive Detention |
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Conclusion |
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Chapter 5: Insight From Israel’s and Britain’s Preventive-Detention Regimes |
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Introduction |
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Israel’s Preventive-Detention Policies |
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Israel Proper |
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Palestinian Territories |
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Role of Israel’s Judiciary |
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Israel’s 2002 Unlawful Combatants Act |
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Summary of Analysis: Israel versus United States |
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Britain’s Preventive-Detention Policies |
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Britain’s Emergency Executive Powers |
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Britain’s Emergency Regulations Pre-9/11 |
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Britain’s Regulations Post-9/11 |
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Foreign Nationals in Britain |