Duffy - Detention of Terrorism Suspects: Political Discourse and Fragmented Practices

DETENTION OF TERRORISM SUSPECTS

Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada.

This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK.

Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.

Detention of Terrorism
Suspects

Political Discourse and Fragmented Practices

Maureen Duffy

OXFORD AND PORTLAND, OREGON
2018

Hart Publishing

An imprint of Bloomsbury Publishing Plc

www.hartpub.co.uk
www.bloomsbury.com

Published in North America (US and Canada) by
Hart Publishing
c/o International Specialized Book Services
920 NE 58th Avenue, Suite 300
Portland, OR 97213-3786
USA

www.isbs.com

HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the
Diana logo are trademarks of Bloomsbury Publishing Plc

First published 2018

Maureen Duffy 2018

Maureen Duffy has asserted her right under the Copyright, Designs and Patents Act 1988 to be
identified as Author of this work.

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any
means, electronic or mechanical, including photocopying, recording, or any information
storage or retrieval system, without prior permission in writing from the publishers.

While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage
occasioned to any person acting or refraining from action as a result of any statement
in it can be accepted by the authors, editors or publishers.

All UK Government legislation and other public sector information used in the work is Crown Copyright .
All House of Lords and House of Commons information used in the work is Parliamentary Copyright .
This information is reused under the terms of the Open Government Licence v3.0 (http://www.
nationalarchives.gov.uk/doc/open-government-licence/version/3) except where otherwise stated.

All Eur-lex material used in the work is European Union, http://eur-lex.europa.eu/, 19982018.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

ISBN:HB:978-1-84946-864-0

ePDF:978-1-50990-401-3

ePub:978-1-50990-400-6

Library of Congress Cataloging-in-Publication Data

Names: Duffy, Maureen, author.

Title: Detention of terrorism suspects : political discourse and fragmented practices / Maureen Duffy.

Description: Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018. |
Includes bibliographical references and index.

Identifiers: LCCN 2017050988 (print) | LCCN 2017050501 (ebook) |
ISBN 9781509904006 (Epub) | ISBN 9781849468640 (hardback : alk. paper)

Subjects: LCSH: Detention of persons. | Imprisonment. | TerroristsLegal status, laws, etc. |
TerrorismPreventionLaw and legislation. | War on Terrorism, 20012009.

Classification: LCC K5437 (print) | LCC K5437 .D84 2018 (ebook) | DDC 344.05/325dc23

LC record available at https://lccn.loc.gov/2017050988

Typeset by Compuscript Ltd, Shannon

To find out more about our authors and books visit www.hartpublishing.co.uk. Here you will find extracts,
author information, details of forthcoming events and the option to sign up for our newsletters.

You left us suddenly and far too soon, and our lives are forever diminished. You will always live on in our hearts. This book is dedicated to you.

John Steinbeck, The Winter of Our Discontent (New York, Penguin Classics, 2008) 678.

I was driving to work near Chicago as the shocking news of the terrorist attacks of 11 September 2001 (9/11) unfolded on the radio. I was stopped in unusually heavy traffic, as Chicago traffic was somehow affected by the horrible developments out East. I listened to escalating and incomprehensible news reports, trying, without success, to get a phone signal to check on family and friends. The radio reported an evacuation at the Sears Tower, directly in front of us, and I tried not to look at it, afraid that I would see a plane fly into it. People were crying in the cars around me.

This research journey began later that month, again as I was driving to work. I heard a short radio report, which said that there had been concerns about people disappearing at the US border. The people, the report said, were largely originally from Muslim countries, raising fears that the US government was secretly arresting certain people.

This report was different from those preceding it, which focused entirely on the horror of the attacks that had personally affected me and people I loved. In the days after hearing this report about disappearances, I tried to find more information on it, but there was little to be found for quite some time. That radio report sparked an alarm that has never stopped since, and I pursued it through two graduate programmes at McGill University, in Montreal, which began two years later.

This book is based on my doctoral dissertation, which I wrote and defended at McGill University. It is impossible for me to find adequate words to thank my doctoral supervisor, Professor Ren Provost, for his advice, amazing patience, diligence, and encouragement throughout my doctoral programme.

Much has changed in my life since this journey began, including moves to two cities in a new country; a new career; the addition of beloved members to our family; and the sudden, shattering deaths of two cherished family members. That day in 2001 feels distant in many ways, but developments since then have continued to engage my interest and concerns in this area.

This book is the next step in that research journey. I cannot possibly name all of the people who have helped me along the way, but they know who they are, family and friends both, and that I am deeply grateful. A special thank you to Bill Asquith and Francesca Sancarlo of Hart Publishing for their diligence, patience and understanding. Finally, thank you to the three anonymous peer reviewers for their encouraging and helpful suggestions.