November 13 Hadassa A. Noorda (UvA) ‘Preventive Deprivations of Liberty: Asset Freezes and Travel Bans’

Dante Building Room 7 (DZ7)

Time 16:30 – 1800

Abstract

This paper examines preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect the target’s autonomy. In particular, it focuses on two examples: travel bans and asset freezes. It seeks to develop a framework for setting appropriate substantive and procedural limits on their future use. Preventive constraints do not generate legal protections as constraints in response to conduct do. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions imperil the free and autonomous life of the targeted person.

This paper accepts the peacetime paradigm and the preventive frame in which these constraints are used, but it argues for enhanced safeguards. With the recognition that preventive constraints can infringe on one’s ability to lead a free and autonomous life, this paper argues that some of these constraints require similar protections as their counterparts that put persons under lock and key.