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International Terrorism
Task Force on International Terrorism Amicus Curiae Brief submitted to the US Supreme Court Amicus Curiae Brief submitted to the House of Lords
Task Force on International Terrorism
Following the events of 11 September 2001, the IBA established a Task Force on International Terrorism to examine the complex and testing problems of modern terrorism against the backdrop of international law and practice. The Task Force has drawn on the expertise of its high-profile members, the input from specialised IBA working groups and information gained during meetings with high-level officials around the world. The conclusions of the Task Force have been published and can be purchased from the IBA website or from Transnational Publishers. The report focuses on key areas including: civil liberties and human rights; the use of force as a response to terrorism; preventing the financing of terrorism and international cooperation in criminal justice; and the role of the ICC. The Task Force has approached the threat of international terrorism from a fresh, balanced and global perspective. Dealing with the truly international phenomenon of terrorism the Task Force recognised the importance of weighing up competing obligations and throughout its mandate has openly consulted with governments, academics, experts, lawyers and NGOs in order to evaluate how to reconcile mutually exclusive issues. The resulting report aims to be of practical use to those involved in policy-making in this area, as well as academics and legal professionals. The Task Force developed a set of standards against which actions of governments should be measured. Click here to download a copy of the Principles.
Click here to purchase a copy of International Terrorism:Legal Challenges and Responses
For more information please contact hri@int-bar.org.
Amicus Curiae Brief submitted to the US Supreme Court
An Amicus Brief was submitted to the US Supreme Court in January 2006 in partnership with the New York City Bar in Hamdan v Rumsfeld. The brief is filed in support of Guantanamo Bay detainees being treated in accordance with Article 3 under the Geneva Convention. This concerned the interpretation of Article 3 of the Third Geneva Convention relating to armed conflict of an international character.
Click here to view the Amicus Brief.
Amicus Curiae Brief submitted to the House of Lords
The HRI, the Commonwealth Lawyers Association and the International Commission of Jurists made submissions to the UK House of Lords concerning the admissibility in UK proceedings of evidence obtained in torture. The House of Lords heard arguments in this case from 17-19 October 2005 and Sir Sidney Kentridge QC presented oral submissions in support of our written brief.
The submissions argued for an exclusionary rule in UK proceedings for evidence obtained in torture, inhuman or degrading treatment or conduct of an individual by a foreign state.
The brief was well received by the Appellate Committee, with the chairman personally thanking Sir Sidney Kentridge for his presentation. The delivery of the judgement was made on Thursday 8th December, the House of Lords ruled that any evidence obtained by torture, irrespective of where, or by whom it was obtained, was inadmissible in proceedings in British courts. The majority stated that in circumstances where a defendant raises the issue that evidence may have been procured by torture, the Special Immigration Appeals Tribunal must conduct a diligent inquiry into the relevant sources and determine whether, on the balance of probabilities, the evidence was obtained by torture.
Click here to view the Amicus Brief.
Click here to view the Press Release.
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