Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 31: Special measures: terrorism and control orders

Andrew Lynch and Jessie Blackbourn

Abstract

Control orders have been a striking part of the anti-terrorism response of the United Kingdom and Australian governments in modern times. They provide a means for the substantial restriction of an individual’s liberty on the basis that doing so will be likely to prevent the occurrence of a terrorist act. While posing a clear challenge to the presumption of innocence, the orders have been just as controversial for practical reasons as well as principle. The utility and effectiveness of these preventive orders have remained uncertain through legal challenges and independent reviews, and those questions persist about the similar Terrorism Prevention and Investigation Measures that replaced control orders in the United Kingdom in 2011. The orders in both countries have not just proved remarkably impervious to statutory repeal, but have in fact continued to expand in scope.

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