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Human Rights and Non-discrimination in the ‘War on Terror’, by Daniel Moeckli. Oxford: Oxford University Press, 2008, xx + 261 + (index) 5pp (£60 hardback). ISBN 978-0-19-923980-1.

Published online by Cambridge University Press:  02 January 2018

Umut Turksen
Umut Turksen*
Affiliation:
Bristol Law School, University of the West of England, Bristol
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Type
Book Review
Information
Legal Studies , Volume 29 , Issue 1 , March 2009 , pp. 166 - 170
Copyright
Copyright © Society of Legal Scholars 2009

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References

25 Cholewinski, R, Perruchound, R and MacDonald, E International Migration Law (Cambridge: Asser Press, 2007) p 63.Google Scholar

26 David, R Traitéélémentaire de droit civil comparé (Paris: de Droit Commerciel, 1950) pp 222–226;Google Scholar M Van Hoecke and M Warrington ‘Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law’[1998] ICLQ 495; and

27 At p 2. For similar assertions, also see R Dworkin ‘The threat to patriotism’ (2002) 49 NY Rev of Books 3.

28 Gross, O Chaos and rules: should responses to violent crises always be constitutional?’ (2003) 112 Yale Law Journal 1030.CrossRefGoogle Scholar

29 A and Others v Secretary of State for the Home Department; X and Another v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68.

30 See B Saul Exclusion of Suspected Terrorists from Asylum: Trends in International and European Refugee Law IIIS Discussion Paper No 26 (July 2004); Chakrabarti, S Rights and rhetoric: the politics of asylum and human rights culture in the United Kingdom’ (2005) 32 JLS 134;CrossRefGoogle Scholar

31 Haitians who have managed to arrive on US soil face detention upon arrival. The Department of Homeland Security considers Haitian asylum seekers as a group that is ‘a threat to national security’. Since 2002 the Department of Homeland Security has ordered the detention of Haitians en masse. Although officially detained for 90 days before facing repatriation, many of the detainees at Krome Processing Center in Miami face indefinite detention.

32 Eg, see Jeanty v Bulger Civ-Lenard (SDFla 2002); Moise v Bulger 321 F.3d 1336 (11th Cir, 2003) and In re D-J, 23 I&N Dec 572 (AG 2003).

33 The Justice Department, eg, has maintained that this policy will prevent mass migrations that could divert the Coast Guard from its national security duties. According to this logic, any migrant population that requires protection or aid from the US armed services would menace US security.

34 At p 222.

35 Ibid.

36 Ramraj, VM The emerging security paradigm in the West: a perspective from southeast Asia’ (2003) 4 Asia-Pacific Journal on Human Rights and the Law 1.CrossRefGoogle Scholar