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PHI3395 (27)

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University of Ottawa
Hilliard Aronovitch

• TERRORISM (CONT) • Is there a proper definition of it? • Nature of Terrorism • Civilians are being targeted; not uniformed, as w/ army, ect o Political motive, not just criminal. Issue is to make a political statement, or perhaps to coerce certain results from gov to further own political vision • Even if no crimes yet committed, including conspiracy, serious threat; Scale of effects much beyond ordinary criminal. o An ongoing problem. No sense something will happen until it does. • Security jeopardized by public trials, or full access to evidence for defendants, etc. o Could play into terrorists’ hands by allowing them to know what the gov knows. Can give them upper hand. • **Know cases from textbook • Key Issues • 1- Retention w/o trial (sacrificing habeas corpus • 2- Which sort of basis should we apply for deciding right and wrong o Deontology or consequentialism?  Moral absolutes, or lesser of two wrongs • 3- How to view torture • FLQ Crisis • Wanted to promote Quebec independence through acts of violence (1970) o Bombs left in mailboxes, kidnapping, ect  British ambassador, Canadian cabinet minister kidnapped  Cabinet Minister (LaPorte) was killed • Habeas Corpus suspended by invocation of a law which does not exist today—War Measures Act. o By Trudeau, with Quebec government’s and Mayor of Montreal’s support o Could thus station Canadian forces on streets of MTL • Federal gov rounded up and detained people with information or ties, or suspected of having information or ties, to FLQ o Also randomly searched houses without warrants, contrary to search and seizure measures alongside habeas corpus • • Abraham Lincoln suspended HabCor in 1861. Challenged and legitimacy of suspension taken to SCOTUS, which ruled against Lincoln. Lincoln did it anyway. • Hamdi v. Rumsfeld (2004) US Supreme Court, LM, 762 • Issues o Can president declare ‘enemy combatants’ and hold them w/o charge o What of status as neither POW nor charged w/ crime o What of Hamdi’s status as a citizen? • Decision o No such authority to President by Consitution o BUT Congress granted such with general authorization to fight terrorism after 9/11 o SO:  1- POTUS can declare ‘enemy combatants’ and hold them  2- But accused as citizen has
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