In response to the previous comments, I very much appreciate the justified concern raised regarding my identification of the danger posed by religious extremists. Prof Movsesian is, of course, correct that non-religious terrorism (the groups he identifies) is also a contemporary reality. However, where we disagree is that I believe the greatest (not only) danger is posed by religious extremists...
Thank you to Prof Movsesian, Prof Cliteur and Rev. Lentz for their thoughtful and informed comments in response to my initial posting. With respect to Prof Movsesian's concern regarding my identification of religious extremism as posing the primary threat today, I would suggest that analysis of contemporary terrorism clearly suggests that religious extremist actors (in all three monotheistic faiths) are,...
Society has historically ---unjustifiably and blindly---granted religion immunity. That immunity has been expanded to include religious extremism; doing so, presents an imminent danger to civil society. In many ways the failure to adequately protect society falls squarely on the shoulders of society; the refusal to directly address religious extremists is purely self-imposed. Religious extremists manipulate society’s sensitivities which, in large...
[OJ Ed. - Professor Guiora had initially submitted the following post in two parts. They appear below in sequence, with the second half responding specifically to Ken Anderson's question.] The ‘limits of power’ is essential to the ‘rule of law’. While perhaps an obvious motto or slogan its application in times of crises is no mean feat. FDR’s decision to interne...
There are two fundamental realities regarding the Israeli administrative detention process: 1) the individual (detainee) cannot confront his accuser 2) the individual (detainee) involved in planning terrorist actions is detained prior to carrying out an act of terrorism. Balancing these two is essential to lawful implementation of a measure, which by its very...
[OJ ed. Note this post was submitted before comments to Mr. Guiora's first post were received.] In Monday’s post, I presented the fundamental principles of administrative detention. Today, I will discuss the process and considerations when to apply the measure as developed over the course of years in Israel with respect to a specific individual. The measure is applied in...
I would like to thank everyone at Opinio Juris for inviting me to guest blog this week on detention policy issues facing the Obama Administration, the Congress, and the courts. Needless to say, I hope my comments contribute to the debate and I welcome comments/feedback from readers. The discussion below addresses both detainees presently held and those detained who will be...
