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Identify and describe the significance of the three sources that have affected the balance between security and rights in the detention of terrorist suspects since 9/11

Subject: Law

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Published: October 23, 2022
Updated: October 23, 2022
University / College: University of Leicester
Level: Doctor of Philosophy
Language: English
Downloads: 40

Identify and describe the significance of the three sources that have affected the balance between security and rights in the detention of terrorist suspects since 9/11

Security vs. Human Privacy (Rights) After the 9/11, the federal government of USA has tried to balance between the security requirements with individual requirements. To ensure the government surveillance balances the different requirements, three sources of these powers have been identified. These sources include Presidential Proclamation 7463, Congressional “ Authorization for Use of Military Force”, and President Military Order of November 13, 2001, “ Detention, Treatment, and Trial of Certain Non-Citizens in the War against Terrorism”. The Presidential Proclamation and Congressional directive were passed in the same day and the Presented is given the power to utilize appropriate force against with criminal or civil related threats.
In addition, the directives aimed at providing means in which certain persons are defied such as “ certain non-citizens” whom are believed to cause harm. The three definitions of “ certain non-citizens” brings into consideration characteristics and behavior of an individual such as being a member of al Qaida, has engaged or participated in terrorism related activities and has harbored individuals with terrorism related activities. After identification of these persons, the persons are incarcerated based on the acts performed.
The detention and treatment of detainees process has provided means and mechanisms in which persons are treated humanely without incorporating discrimination factors. Moreover, persons detained shall be allowed freedom to religion, arrested and detained based on legislations in place and afforded adequate basic needs that include medical treatment, clothing, shelter, drinking water and adequate food. These different provisions are aimed at ensuring someone is presumed innocent until proven guilty.
Generally, after the 9/11 incident, different governments across the world have instituted different measures to addresses security related issues and provide the suspects with appropriate measures to sustain these requirements. The three sources of legislations on security power and individual privacy are important in sustaining the requirements of human rights.
Works Cited
University of Minnesota. Chapter 15: Criminal Procedure in war Time. 2014. Web. 3 March 2014. http://www. soc. umn. edu/~samaha/courses/4337/cp0615_terror. htm

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