Publication Date

2014

Document Type

Thesis

Committee Members

Donna Schlagheck, Ph.D. (Advisor); Vaughn Shannon, Ph.D. (Committee Member); Edward Fitzgerald, Ph.D. (Committee Member)

Degree Name

Master of Arts (MA)

Abstract

Indefinite detention is better defined as “detention without trial,” where the government has no plans for a prisoner’s arraignment, release, or deportation. While this policy has been used by democratic countries in the past and present, it appears to violate a core democratic concept—that of due process of law. This study examines US, British, and French counterterrorism efforts against al-Qaeda, the Provisional Irish Republican Army, and the Armed Islamic Group, to determine which factors are most likely to lead to the employment of indefinite detention. Based on case study analysis, it appears that (1) extraterritoriality and sovereignty, (2) the nature of the arresting agency, (3) the capabilities of the domestic court system, and (4) the presence or absence of war are the most significant factors in this regard. These findings provide academic insight and policy guidance for democratic governments confronting terrorist threats.

Page Count

71

Department or Program

Department of Political Science

Year Degree Awarded

2014


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