2013•SSRN Electronic JournalOpen access

Crossing a Moral Line: Long-Term Preventive Detention in the War on Terror

Alec Douglas Walen

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Abstract

It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force (as long as it conforms to the law of war), whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the individual for the welfare of the whole.

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What this paper is about

It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force (as long as it conforms to the law of war), whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the individual for the welfare of the whole.

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Available abstract

It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force (as long as it conforms to the law of war), whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the individual for the welfare of the whole.

Key concepts: Punitive damages, Preventive detention, Autonomy, Law, Criminology, Political science, Term (time), Psychology

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