CEU Electronic Theses and Dissertations, 2011
| Author | Zalesak, Michal |
|---|---|
| Title | Administrative Detention of Unlawful Combatants in Israel and the United States |
| Summary | Administrative detention is a preventive measure that may be used only in emergency situations because otherwise it would violate the requirement of non-arbitrariness of deprivation of personal liberty. It serves to protect national security against individuals who pose a threat during the times of armed conflict. In the last decade, the issue of administrative detention of unlawful combatants has gained on significance. This thesis critically analyzes the scope of the regimes in Israel and the United States. The respective regimes are carefully examined and illustrated by the most important cases of the Supreme Courts of both countries. During emergency situations, some fundamental rights may be restricted. Limitations of the right to personal liberty and of the due process rights occur when administrative detention is employed. However, certain level of due process must be maintained at all times. The central objective of this paper is to assess the appropriate standard of due process afforded to unlawful combatants while protecting national security. |
| Supervisor | Kremnitzer, Mordechai |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/zalesak_michal.pdf |
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