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" The Legality Under International Human Rights Law and The Customary International Law of The Security Detention Enforced for The Terrorist Rehabilitation Programs of Saudi Arabia, Singapore, and Malaysia "
Khusifan, Abdullah Adnan
Goldman, Robert K.
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1105120
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| Doc. No
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TLpq2298151207
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| Main Entry
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Goldman, Robert K.
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Khusifan, Abdullah Adnan
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| Title & Author
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The Legality Under International Human Rights Law and The Customary International Law of The Security Detention Enforced for The Terrorist Rehabilitation Programs of Saudi Arabia, Singapore, and Malaysia\ Khusifan, Abdullah AdnanGoldman, Robert K.
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| College
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American University
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| Date
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2019
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| student score
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2019
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| Degree
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S.J.D.
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| Page No
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242
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| Abstract
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The study focuses of legal issues related to rehabilitation programs that have been adopted by some governments as part of their counter-terrorism strategy. Individuals who harbor radical ideologies are placed, by executive order, in these programs in order to be deradicalized. The establishment of such programs arose from the recognition that fighting homegrown terrorism by means of police power alone is insufficient. The police power only treated the symptoms but not the disease. Furthermore, granting the police extraordinary power to detain individuals will result in an extreme increase in the number of detainees under security detention and tip the balance between liberty and security too far in the direction of security. Rehabilitation programs are seen as a solution to these various problems. These programs are designed to counter toxic ideology and provide a means of releasing detainees and safely reintegrating them into society. This study finds that subjecting suspected terrorists who have done nothing but believe in an extremist ideology; or who have been imprisoned for a terrorism-related crime and served their sentences but are deemed to be too dangerous to be released; or who have been charged with terrorist crimes but have not yet been sent to trial, to terrorist rehabilitation programs without judicial due process or habeas corpus violates the standards of lawful detention as it prescribed in the international human rights law and amounts to arbitrary detention. However, Saudi Arabia, Singapore, and Malaysia have not ratified the International Covenant on Civil and Political Rights (ICCPR), therefore they cannot be held in violation of any treaty obligation regarding the ICCPR. Nevertheless, arbitrary detention may constitute a violation of customary international law. The author presumed that the prohibition against arbitrary detention has acquired the status of a customary norm of international law. On the contrary, the research has found that legal opinion is mixed concerning the question of whether the prohibition against arbitrary detention is a customary norm of international law. There seems to be no scholarly consensus on the question. The question as to whether the prohibition against arbitrary detention is a customary norm of International Law has not been definitively settled.
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| Subject
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Ethnic studies
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International law
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International relations
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Peace studies
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