Professor Emeritus Clive Walker on ‘National security with justice for foreign terrorist suspects’
Professor Emeritus Clive Walker has now returned from a trip to China, Australia and Malaysia
He gave papers in all countries, including attendance at the Australian and New Zealand Society of Criminology, 28th Annual Conference, 'Security and Rule of Law ', 25 - 27 November 2015 at Flinders University, Adelaide, Australia. At that event, he delivered a paper on ‘The shifting legitimacy of deportation with assurances: National security with justice for foreign terrorist suspects?’
The paper engaged with the repeated pronouncements of international oversight bodies and officers, as well as leading NGOs, overwhelmingly reject the device of deportation with assurances (‘DWA’) as a legitimate resolution to achieving national security with justice for foreign terrorist suspects. The prevailing view contends that DWA is unreliable and ineffective in protecting against torture and ill-treatment, and States which resort to DWA do so in order to circumvent the absolute prohibition against such treatment. Yet, some governments continue to utilise DWA, and many more assert their power to do so. Their stance has now received significant support from the European Court of Human Rights in Othman (Abu Qatada) v United Kingdom (2012). This paper arises from a research project commissioned and funded by the UK Home Office, conducted in collaboration with the Independent Reviewer of Terrorism Legislation.