Criminal Due Process Guarantees in Peacetime
Criminal Due Process Guarantees in Peacetime
This is a paper that focuses on the Criminal Due Process Guarantees in Peacetime. The paper also examines the facts of the Lawless case and article 15 explanation.
The Criminal Due Process Guarantees in Peacetime
Submit an APA formatted paper that addresses the following:
1. Provide a synopsized definition and explanation of what Article 15 of the European Convention on Human Rights and Fundamental Freedoms is and addresses. Also, provide your opinion as to whether or not you feel Article 15 adequately addresses and assists in protecting the derogation of due process and Human Rights during times of crisis and declared emergency. Then, provide your opinion as to how you feel as to whether or not this article adequately assists in the protection of the derogation of Human Rights in due process.
2. Examine the facts of the Lawless case and the Brannigan and McBride v. United Kingdom case (you can also obtain additional information for this case on the internet). Once you have reviewed the cases provide a synopsis of each case and the holding or final decision made by the court Identify and discuss what the court used in each case to support their decision as to whether or not the actions taken were supported by what the countries advised as to their reasons for declaring the existence of a crisis or emergency
Task force
3. Obtain information on the Counter-Terrorism Implementation Task Force. This is from Resolution 60/158 of the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. Also, the Second Initiative adopted by the General Assembly of the United Nations Global Counter-Terrorism Strategy. Explain how the due process protections concerning human rights (which are provided to an individual who has been accused of taking terrorist actions against a nation-state as a result of the Counter-Terrorism Implementation Task Force in accordance with Resolution 60/158 of the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, and with the Second Initiative adopted by the General Assembly of the United Nations Global Counter-Terrorism Strategy) are used and assist in protecting an individual who has been accused of taking terrorist actions against a nation.
Provide your opinion as to whether or not you feel these protections can actually be used as written. Do you feel that they still allow for the nations to efficiently and effectively combat terrorism? Why or why not?
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