Protecting liberty in an age of terror / Philip B. Heymann, Juliette N. Kayyem.

Format:

Book

Author/Creator:

Heymann, Philip B.

Contributor:

Kayyem, Juliette N.

Series:

BCSIA studies in international security

Language:

English

Subjects (All):

Civil rights--United States.

Civil rights.

United States.

War on Terrorism, 2001-2009.

National security--United States.

National security.

Terrorism--Prevention--Government policy--United States.

Terrorism.

Terrorism--Prevention--Government policy.

United States--Politics and government--2001-2009.

Politics and government.

Physical Description:

ix, 194 pages ; 24 cm.

Place of Publication:

Cambridge, Mass. : MIT Press, [2005]

Summary:

Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong.

With this challenge in mind, Philip Heymann and Juliette Kayyem, directors of Harvard's Long-Term Legal Strategy Project for Preserving Security and Democratic Feedoms in the War on Terrorism, take a detailed look at how to handle these competing concerns. Taking into account both the national security viewpoint and the democratic freedoms viewpoint, Heymann and Kayyem consulted experts from across the political spectrum-including Rand Beers, Robert McNamara, and Michael Chertoff (since named Secretary of Homeland Security)-about the thorniest and most profound legal challenges of this new era. Heymann and Kayyem offer specific recommendations for dealing with such questions as whether assassination is ever acceptable, when coercion can be used in interrogation, and when detention is allowable. They emphasize that drawing clear rules to guide government conduct protects the innocent from unreasonable government intrusion and prevents government agents from being made scapegoats later if things go wrong. Their recommendations will be of great interest to legal scholars, legislators, policy professionals, and concerned citizens.

Contents:

Chapter 1 Coercive Interrogations 31

Chapter 2 Indefinite Detention 41

Chapter 3 Military Commissions 53

Chapter 4 Targeted Killing 59

Chapter 5 Communications of U.S. Persons or Others within the United States Intercepted During the Targeting of Foreign Persons Abroad 69

Chapter 6 Information Collection 75

Chapter 7 Identification of Individuals and Collection of Information for Federal Files 85

Chapter 8 Surveillance of Religious and Political Meetings 93

Chapter 9 Distinctions Based on Group Membership 101

Chapter 10 Oversight of Extraordinary Measures 109

Appendix A Counterterrorism Policies in the United Kingdom / Tom Parker 119

Appendix B Torture and Coercive Interrogations / Thomas Lue 149

Appendix C Board of Advisors: The Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism 179

About the Belfer Center for Science and International Affairs 198.

Notes:

The edited report of the Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism.

Includes bibliographical references and index.

ISBN:

0262083434

0262582570

OCLC:

59223956