Ip on the Detention of Terrorist Suspects

A few weeks ago, I mentioned my colleague John Ip’s new essay “Comparative Perspectives on the Detention of Terrorist Suspects,” which recently appeared in a symposium issue (edited by our colleague Tung Yin) of Transnational Law & Contemporary Problems. John’s essay is now available on SSRN. Here is a snippet of the abstract:

This article examines the different approaches taken by the United States, the United Kingdom, Canada and New Zealand in relation to the detention of terrorist suspects. Whereas the United States detains terrorist suspects using a detention model that selectively utilises law of war concepts, the other jurisdictions surveyed employ a model based on immigration law. Both models permit detention with fewer due process protections. Both models have, in practice, also resulted in the differential treatment of foreign terrorist suspects. The article concludes by discussing how the courts in each jurisdiction have dealt with the cases concerning the detention of terrorist suspects.

Check out the essay — it’s an excellent read.