Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property . Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison ). An individual may be detained due a psychiatric disorder , potentially to treat this disorder involuntarily . They may also be detained for to prevent the spread of infectious diseases such as tuberculosis .
131-409: The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest . Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It
262-581: A Judeo-Christian alliance (led by the United States ) is waging a war against Islam and conspiring to destroy Islam . Al-Qaeda also opposes man-made laws , and seek to implement sharīʿah (Islamic law) in Muslim countries. Al-Qaeda fighters characteristically deploy tactics such as suicide attacks ( Inghimasi and Istishhadi operations) involving simultaneous bombing of several targets in battle-zones. Al-Qaeda's Iraq branch , which later morphed into
393-688: A Yemeni politician and founding member of Alkarama , who was listed as a Specially Designated Global Terrorist (SDGT) by the US Treasury in 2013. The US authorities claimed that Humayqani exploited his role in Alkarama to fundraise on behalf of al-Qaeda in the Arabian Peninsula (AQAP). A prominent figure in AQAP, Nuaimi was also reported to have facilitated the flow of funding to AQAP affiliates based in Yemen. Nuaimi
524-628: A "vanguard" for jihad . When Saddam Hussein invaded and occupied Kuwait in 1990, bin Laden offered to support Saudi Arabia by sending his Mujahideen fighters. His offer was rebuffed by the Saudi government, which instead sought the aid of the United States . The stationing of U.S. troops in the Arabian Peninsula prompted bin Laden to declare a jihad against both the rulers of Saudi Arabia – whom he denounced as murtadd (apostates) – and against
655-423: A Qatar-sponsored campaign "as one of the preferred conduits for donations intended for the group". In the disagreement over whether al-Qaeda's objectives are religious or political, Mark Sedgwick describes al-Qaeda's strategy as political in the immediate term but with ultimate aims that are religious. On March 11, 2005, Al-Quds Al-Arabi published extracts from Saif al-Adel 's document "Al Qaeda's Strategy to
786-628: A Qatari citizen and a human-rights activist who founded the Swiss-based non-governmental organization (NGO) Alkarama . On December 18, 2013, the US Treasury designated Nuaimi as a terrorist for his activities supporting al-Qaeda. The US Treasury has said Nuaimi "has facilitated significant financial support to al-Qaeda in Iraq, and served as an interlocutor between al-Qaeda in Iraq and Qatar-based donors". Nuaimi
917-466: A background in Egypt and the Arabian Peninsula, it has since attracted fighters from other Arab groups, including North Africans , Jordanians , Palestinians , and Iraqis . In the decade following the 9/11 attacks, Muslims from non-Arab backgrounds, such as Pakistanis , Afghans , Turks , Kurds , and European converts to Islam , have also joined the organization. Many Western analysts do not believe that
1048-655: A criminal trial. The U.S. military regulates treatment of detainees in the manual Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees , last revised in 1997. The term " unlawful combatant " came into public awareness during and after the War in Afghanistan (2001–present) , as the U.S. detained members of the Taliban and al-Qaeda captured in that war, and determined them to be unlawful combatants . This had generated considerable debate around
1179-599: A defense attorney who defended al-Fadl said: There were selective portions of al-Fadl's testimony that I believe was false, to help support the picture that he helped the Americans join together. I think he lied in a number of specific testimony about a unified image of what this organization was. It made al-Qaeda the new Mafia or the new Communists. It made them identifiable as a group and therefore made it easier to prosecute any person associated with al-Qaeda for any acts or statements made by bin Laden. The number of individuals in
1310-411: A military base to train the young men to fight against the vicious, arrogant, brutal, terrorizing Soviet empire ... So this place was called 'The Base' ['Al-Qa'idah'], as in a training base, so this name grew and became. We aren't separated from this nation. We are the children of a nation, and we are an inseparable part of it, and from those public demonstrations which spread from the far east, from
1441-471: A nuisance, or another tort has been held a taking of property where the conduct was sufficiently persistent and severe. There exist many theories of property. One is the relatively rare first possession theory of property , where ownership of something is seen as justified simply by someone seizing something before someone else does. Perhaps one of the most popular is the natural rights definition of property rights as advanced by John Locke . Locke advanced
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#17328631870721572-502: A police-cell, remand prison or other detention centre before trial or sentencing . The length of detention of suspected terrorists , with the justification of taking an action that would aid counter-terrorism , varies according to country or situation, as well as the laws which regulate it. The Terrorism Act 2006 in the United Kingdom lengthened the 14-day limit for detention without an arrest warrant or an indictment from
1703-418: A possessory interest or legal title in that thing. This mediating relationship between individual, property, and State is called a property regime. In sociology and anthropology , property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. The distinction between collective and private property
1834-609: A report from the United Nations, based on member state intelligence, concluded that de facto leadership of al-Qaeda had passed to Saif al-Adel , who was operating out of Iran. Adel, a former Egyptian army officer, became a military instructor in al-Qaeda camps in the 1990s and was known for his involvement in the Battle of Mogadishu. The report stated that al-Adel's leadership could not officially be declared by al-Qaeda because of "political sensitivities" of Afghan government in acknowledging
1965-449: A resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to control resources, even when not in possession. He elaborates on the differences between these two concepts and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church. Both communism and some forms of socialism have also upheld
2096-433: A scarcity justification, since the things don't have the exclusivity property (however, those who support a scarcity justification may still support other "intellectual property" laws such as Copyright , as long as these are a subject of contract instead of government arbitration). Thus even ardent propertarians may disagree about IP. By either standard, one's body is one's property. From some anarchist points of view,
2227-462: A serious concern." Among the first pieces of evidence regarding Saudi Arabia's support for al-Qaeda was the so-called " Golden Chain ", a list of early al-Qaeda funders seized during a 2002 raid in Sarajevo by Bosnian police. The hand-written list was validated by al-Qaeda defector Jamal al-Fadl, and included the names of both donors and beneficiaries. Osama bin-Laden's name appeared seven times among
2358-422: A single party at a time, or a single party in a divisible context, if owned or used. Thus far or usually, those are not considered property, or at least not private property, even though the party bearing right of exclusive use may transfer that right to another. In many societies the human body is considered property of some kind or other. The question of the ownership and rights to one's body arise in general in
2489-469: Is a pan-Islamist militant organization led by Sunni jihadists who self-identify as a vanguard spearheading a global Islamist revolution to unite the Muslim world under a supra-national Islamic caliphate . Its membership is mostly composed of Arabs but also includes people from other ethnic groups. Al-Qaeda has mounted attacks on civilian, economic and military targets of the U.S. and its allies; such as
2620-493: Is a conglomerate of expert committees, each in supervision of distinct tasks and objectives. Its membership is mostly composed of Egyptian Islamist leaders who participated in the anti-communist Afghan Jihad . Assisting them are hundreds of Islamic field operatives and commanders, based in various regions of the Muslim World . The central leadership assumes control of the doctrinal approach and overall propaganda campaign; while
2751-435: Is a great property, there is great inequality … Civil government, so far as it is instituted for the security of property, is in reality instituted for the defense of the rich against the poor, or of those who have some property against those who have none at all. In his 1881 text "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. The first, possession, can be defined as control over
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#17328631870722882-542: Is a steamed bun, pickles and polenta. The meal will start at 6:30; at noon there will be two steamed buns. The dishes include potato beef, potato chicken, and scrambled eggs with seasonal vegetables. Instead of three dishes, choose one of three and start at 10:30." Li Yanhong was told by the man in the water splashing incident that the "straight man went up to the tree" the inside of the Chaoyang Detention Center. One refers to activities that hinder litigation in
3013-407: Is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of
3144-489: Is a way of working ... but this has the hallmark of that approach ... Al-Qaeda clearly has the ability to provide training ... to provide expertise ... and I think that is what has occurred here." On August 13, 2005, The Independent newspaper, reported that the July 7 bombers had acted independently of an al-Qaeda mastermind. Nasser al-Bahri, who was Osama bin Laden's bodyguard for four years in
3275-460: Is an expectation that each party's will with regard to the property be clearly defined and unconditional. . The parties may expect their wills to be unanimous, or alternatively each may expect their own will to be sufficient when no opportunity for dispute exists. The first Restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the State enforces
3406-510: Is based on The Public Trust Doctrine. ), celestial bodies and outer space, and land in Antarctica . The nature of children under the age of majority is another contested issue here. In ancient societies, children were generally considered the property of their parents. However, children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights. Their parents or guardians are given most of
3537-536: Is governed by the provisions of the Fourth Geneva Convention . Any form of imprisonment where a person's freedom of liberty is removed can be classed as detention, although the term is often associated with persons who are being held without warrant or charge before any have been raised. Being detained for the purposes of a drugs search is tantamount to a temporary arrest , as it is not yet known whether charges can be brought against an individual, pending
3668-487: Is his safest refuge]." It is the origin of the famous dictum, "an Englishman's home is his castle". The ruling enshrined into law what several English writers had espoused in the 16th century. Unlike the rest of Europe the British had a proclivity towards owning their own homes. British Prime Minister William Pitt, 1st Earl of Chatham defined the meaning of castle in 1763, "The poorest man may in his cottage bid defiance to all
3799-462: Is no private property under natural law but only under human law . Seneca viewed property as only becoming necessary when men become avaricious. St. Ambrose later adopted this view and St. Augustine even derided heretics for complaining the Emperor could not confiscate property they had labored for. The canon law Decretum Gratiani maintained that mere human law creates property, repeating
3930-499: Is not about the al-Qa'idah Organization. We are the children of an Islamic Nation, with Prophet Muhammad as its leader, our Lord is one ... and all the true believers [mu'mineen] are brothers. So the situation isn't like the West portrays it, that there is an 'organization' with a specific name (such as 'al-Qa'idah') and so on. That particular name is very old. It was born without any intention from us. Brother Abu Ubaida ... created
4061-640: Is often defined by the code of the local sovereignty and protected wholly or - more usually, partially - by such entity, the owner being responsible for any remainder of protection. The standards of the proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, and such entity plays a role accordingly, typically somewhat managerial . Some philosophers assert that property rights arise from social convention , while others find justifications for them in morality or in natural law . Various scholarly disciplines (such as law , economics , anthropology or sociology ) may treat
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4192-562: Is regarded as confusion, since different individuals often hold differing rights over a single object. Types of property include real property (the combination of land and any improvements to or on the ground), personal property (physical possessions belonging to a person), private property (property owned by legal persons, business entities or individual natural persons), public property (State-owned or publicly owned and available possessions) and intellectual property —including exclusive rights over artistic creations and inventions. However,
4323-495: Is shorter than imprisonment, which is a similar punishment. However, unlike imprisonment, a stay of execution cannot be granted, so the penalty is always a ‘prison sentence’. Under the Criminal Code, the penalty is ‘less severe than a fine’, but in the course of incarceration in a penal institution, a physical examination is carried out to identify the person to the extent necessary, or if necessary to maintain discipline and order in
4454-594: Is such that an article of property is, by law or otherwise by traditional conceptualization, subject to expiration even when inheritable , which is a key distinction from tangible property. Upon expiration, the property, if of the intellectual category, becomes a part of public domain , to be used by but not owned by anybody, and possibly used by more than one party simultaneously due to the inapplicability of scarcity to intellectual property. Whereas things such as communications channels and pairs of electromagnetic spectrum bands and signal transmission power can only be used by
4585-526: Is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and after that to hold it as his very own." Anthropology studies the diverse ownership systems, rights of use and transfer, and possession under the term "theories of property". As mentioned, western legal theory is based on the owner of property being a legal person. However, not all property systems are founded on this basis. In every culture studied, ownership and possession are
4716-441: Is the combination of interests in land and improvements thereto, and personal property is interest in movable property. Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases , licenses , and easements . Throughout the last centuries of the second millennium , with the development of more complex theories of property,
4847-519: Is used to refer to "any person captured or otherwise detained by an armed force." More generally, it means "someone held in custody." The prisoners in Guantánamo Bay are referred to as "detainees". Article 9 of the Universal Declaration of Human Rights provides that "[n]o one shall be subjected to arbitrary arrest , detention or exile ." In wars between nations, treatment of detainees
4978-611: The 9/11 Commission Report . Qataris provided support to al-Qaeda through the country's largest NGO, the Qatar Charity . Al-Qaeda defector al-Fadl, who was a former member of Qatar Charity, testified in court that Abdullah Mohammed Yusef, who served as Qatar Charity's director, was affiliated to al-Qaeda and simultaneously to the National Islamic Front , a political group that gave al-Qaeda leader Osama Bin Laden harbor in Sudan in
5109-661: The 1998 US embassy bombings , the USS Cole bombing , and the September 11 attacks . The organization was founded in a series of meetings held in Peshawar during 1988, attended by Abdullah Azzam , Osama bin Laden , Muhammad Atef , Ayman al-Zawahiri and other veterans of the Soviet–Afghan War . Building upon the networks of Maktab al-Khidamat , the founding members decided to create an organization named " Al-Qaeda " to serve as
5240-501: The Islamic State of Iraq after 2006, was responsible for numerous sectarian attacks against Shias during its Iraqi insurgency . Al-Qaeda ideologues envision the violent removal of all foreign and secularist influences in Muslim countries , which it denounces as corrupt deviations. Following the death of bin Laden in 2011, al-Qaeda vowed to avenge his killing. The group was then led by Egyptian Ayman al-Zawahiri until he too
5371-529: The Terrorism Act 2000 to 28 days. A controversial Government proposal for an extension to 90 days was rejected by the House of Commons . English criminal law requires the detainer/arrestor to have reasonable grounds to suspect ( reasonable suspicion ) when detaining (or arresting) someone. Indefinite detention of an individual occurs frequently in wartime under the laws of war . This has been applied notably by
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5502-514: The UN Security Council 's Sanctions List in 2008 on charges of providing financial and material support to al-Qaeda senior leadership. Subayi allegedly moved al-Qaeda recruits to South Asia-based training camps. He also financially supported Khalid Sheikh Mohammed, a Pakistani national and senior al-Qaeda officer who is believed to be the mastermind behind the September 11 attack according to
5633-572: The US embassy bombings in Kenya and Tanzania , which killed 224 people. The U.S. retaliated by launching Operation Infinite Reach , against al-Qaeda targets in Afghanistan and Sudan. In 2001, al-Qaeda carried out the September 11 attacks , resulting in nearly 3,000 deaths , long-term health consequences of nearby residents , damage to global economic markets , the triggering of drastic geo-political changes as well as generating profound cultural influence across
5764-609: The United States after the September 11 attacks . Before the Combatant Status Review Tribunals , created for reviewing the status of the Guantanamo detainees , the United States has argued that it is engaged in a legally recognizable armed conflict to which the laws of war apply, and that it therefore may hold captured al Qaeda and Taliban operatives throughout the duration of that conflict, without granting them
5895-495: The commons . The term "commons," however, is also often used to mean something entirely different: "general collective ownership"—i.e. common ownership . Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access ( public property ). Law in all societies has tended to reduce the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources due to
6026-679: The seafloor (see the United Nations Convention on the Law of the Sea for restrictions), gases in Earth's atmosphere , animals in the wild (although in most nations, animals are tied to the land. In the United States and Canada , wildlife is generally defined in statute as property of the State. This public ownership of wildlife is referred to as the North American Model of Wildlife Conservation and
6157-513: The spiritual body that runs them. Intellectual property and air ( airspace , no-fly zone , pollution laws, which can include tradable emissions rights ) can be property in some senses of the word. Ownership of land can be held separately from the ownership of rights over that land, including sporting rights, mineral rights , development rights, air rights , and such other rights as may be worth segregating from simple land ownership. Ownership laws may vary widely among countries depending on
6288-442: The telos of property, i.e., what is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce concerning people's desires, do they become property. For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have
6419-616: The tragedy of the commons . At the same time, critics say that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential network effects . These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the tragedy of the commons . Some apparent critics advocate general collective ownership rather than ownerlessness. Things that do not have owners include: ideas (except for intellectual property ), seawater (which is, however, protected by anti-pollution laws), parts of
6550-409: The value of legal tender if not the legal tender itself , as the manufacturer rather than the possessor might be the owner. They often distinguish tangible and intangible property . One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things). In common law , real property ( immovable property )
6681-429: The war on terror , al-Qaeda's leadership has become isolated. As a result, the leadership has become decentralized, and the organization has become regionalized into several al-Qaeda groups. The group was initially dominated by Egyptians and Saudis , with some participation from Yemenis and Kuwaitis . Over time, it has evolved into a more international terrorist organization. While its core group originally shared
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#17328631870726812-472: The " Public Security Administration Punishment Law of the People's Republic of China ", which is a type of administrative punishment. The maximum period of public security detention is 20 days, and release upon expiration. Administrative detention shall be signed and approved by the administrative responsible person (i.e., director) of the public security agency at the county level and above, and shall be executed in
6943-418: The "exclusivity property"—that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property. Intellectual property —incorporeal things like ideas, plans, orderings and arrangements (musical compositions, novels, computer programs)—are generally considered valid property to those who support an effort justification, but invalid to those who support
7074-492: The 2001 trial of bin Laden and the four men accused of the 1998 US embassy bombings in East Africa. Curtis wrote: The reality was that bin Laden and Ayman al-Zawahiri had become the focus of a loose association of disillusioned Islamist militants who were attracted by the new strategy. But there was no organization. These were militants who mostly planned their own operations and looked to bin Laden for funding and assistance. He
7205-524: The 2004 BBC documentary The Power of Nightmares , al-Qaeda was so weakly linked together that it was hard to say it existed apart from bin Laden and a small clique of close associates. The lack of any significant numbers of convicted al-Qaeda members, despite a large number of arrests on terrorism charges, was cited by the documentary as a reason to doubt whether a widespread entity that met the description of al-Qaeda existed. al-Qaeda's commanders, as well as its sleeping agents, are hiding in different parts of
7336-519: The Administrative Procedure Law. The maximum period is 20 days, and the court will deliver the detainee to the administrative detention facility of the public security department for execute. Those who are dissatisfied can apply to the court for reconsideration. During the period of detention, the court shall decide to explain in advance or release at the expiration of the term. There is also another type of judicial detention: Article 134 of
7467-498: The Criminal Procedure Law, detention is restriction of one's freedom temporarily until either he stands trial in court or is set free to go. Contrary to arrest, which is ordered by juridical decision, detention is ordered by prosecution office. Public prosecutor can order detention only if the measure is a requisite for investigation and there is concrete evidence that one is suspicious of a crime. Property Property
7598-518: The General Principles of the Civil Law stipulates: People's courts, in hearing civil cases, may be reprimanded, ordered to repent, and confiscated property and illegal gains for serious violations of civil laws and regulations and can be fined and detained in accordance with the law. It can be seen that the detention stipulated in the General Principles of the Civil Law is a punishment method used by
7729-860: The Hobbes/Harrington generation, Sir Robert Filmer , reached conclusions much like Hobbes', but through Biblical exegesis . Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are still, children, whether obedient or unruly and that property rights are akin to the household goods that a father may dole out among his children—his to take back and dispose of according to his pleasure. Al-Qaeda Other groups: Former groups: Non-state allies: Formerly: Non-state opponents: Al-Qaeda ( / æ l ˈ k aɪ ( ə ) d ə / ; Arabic : القاعدة , romanized : al-Qāʿidah , lit. 'the Base';, IPA: [alˈqaː.ʕi.da] )
7860-626: The Inca empire, the dead emperors, considered gods, still controlled property after death. In 17th-century England , the legal directive that nobody may enter a home (which in the 17th century would typically have been male-owned) unless by the owner's invitation or consent, was established as common law in Sir Edward Coke 's " Institutes of the Lawes of England ". "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home
7991-621: The Middle East, Africa, South Asia, Southeast Asia, Europe and Russia alike. In fact, from Northwest Africa to South Asia, al-Qaeda had more than two dozen "franchise-based" allies. The number of al-Qaeda militants was set at 20,000 in Syria alone, and they had 4,000 members in Yemen and about 7,000 in Somalia. The war was not over. In 2001, al-Qaeda had around 20 functioning cells and 70,000 insurgents spread over sixty nations. According to latest estimates,
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#17328631870728122-547: The Philippines to Indonesia, to Malaysia, to India, to Pakistan, reaching Mauritania ... and so we discuss the conscience of this nation." As of 2010 however, Bruce Hoffman saw al-Qaeda as a cohesive network that was strongly led from the Pakistani tribal areas. Al-Qaeda has the following direct affiliates: The following are presently believed to be indirect affiliates of al-Qaeda: Al-Qaeda's former affiliates include
8253-498: The US. From 1992, al-Qaeda established its headquarters in Sudan until it was expelled in 1996. It then shifted its base to the Taliban -ruled Afghanistan and later expanded to other parts of the world, primarily in the Middle East and South Asia . In 1996 and 1998, bin Laden issued two fatāwā that demanded the withdrawal of U.S. troops from Saudi Arabia. In 1998, al-Qaeda conducted
8384-449: The West and have received rudimentary combat training. Other analysts have described al-Qaeda's rank and file as being "predominantly Arab" in its first years of operation, but that the organization also includes "other peoples" as of 2007 . It has been estimated that 62 percent of al-Qaeda members have a university education. In 2011 and the following year, the Americans successfully settled accounts with Osama bin Laden, Anwar al-Awlaki,
8515-593: The Year 2020". Abdel Bari Atwan summarizes this strategy as comprising five stages to rid the Ummah from all forms of oppression: Atwan noted that, while the plan is unrealistic, "it is sobering to consider that this virtually describes the downfall of the Soviet Union ." According to Fouad Hussein , a Jordanian journalist and author who has spent time in prison with Al-Zarqawi, al-Qaeda's strategy consists of seven phases and
8646-608: The administrative detention facility under the public security agency. Those who are dissatisfied with the detention may initiate administrative reconsideration and administrative litigation. According to the decision of the Standing Committee of the National People's Congress, the Chinese national security agency and People's Armed Police has also been granted the power to enforce administrative detention penalties. "Breakfast
8777-595: The beneficiaries, while 20 Saudi and Gulf-based businessmen and politicians were listed among the donors. Notable donors included Adel Batterjee, and Wael Hamza Julaidan . Batterjee was designated as a terror financier by the US Department of the Treasury in 2004, and Julaidan is recognized as one of al-Qaeda's founders. Documents seized during the 2002 Bosnia raid showed that al-Qaeda widely exploited charities to channel financial and material support to its operatives across
8908-481: The cause, of the distribution of property. He said that the worst possible situation is when the commoners have half a nation's property, with the crown and nobility holding the other half—a circumstance fraught with instability and violence. He suggested a much better situation (a stable republic) would exist once the commoners own most property. In later years, the ranks of Harrington's admirers included American revolutionary and founder John Adams . Another member of
9039-487: The citizens respectively who made, or may rightfully own them: Provided, that the citizens of the Nation possessing the exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or individual citizens thereof; and that, whenever any citizen shall remove with his effects out of
9170-573: The common interest, and only when he is himself concerned as an individual." In addition, he says that when property is common, there are natural problems that arise due to differences in labor: "If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed, there is always a difficulty in men living together and having all human relations in common, but especially in their having common property." ( Politics, 1261b34 ) Cicero held that there
9301-439: The concept more systematically, but definitions vary, most particularly when involving contracts . Positive law defines such rights, and the judiciary can adjudicate and enforce property rights. According to Adam Smith (1723-1790), the expectation of profit from "improving one's stock of capital" rests on private-property rights. Capitalism has as a central assumption that property rights encourage their holders to develop
9432-515: The concept of personal property had become divided into tangible property (such as cars and clothing ) and intangible property (such as financial assets and related rights, including stocks and bonds ; intellectual property , including patents , copyrights and trademarks ; digital files ; communication channels ; and certain forms of identifier , including Internet domain names , some forms of network address , some forms of handle and again trademarks). Treatment of intangible property
9563-483: The course of civil, administrative litigation or court enforcement, such as perjurying, attacking the court, obstructing the testimony of witnesses, concealing and transferring sealed or seized property, obstructing court staff from performing their official duties, evading execution, etc. The detention decision directly made by the people's court is a judicial compulsory measure, based on the Civil Procedure Law or
9694-525: The death of Al-Zawahiri as well as due to "theological and operational" challenges posed by the location of al-Adel in Iran . Most of al-Qaeda's top leaders and operational directors were veterans who fought against the Soviet invasion of Afghanistan in the 1980s. Osama bin Laden and his deputy, Ayman al-Zawahiri, were the leaders who were considered the operational commanders of the organization. Nevertheless, al-Qaeda
9825-622: The discussion of human rights , including the specific issues of slavery , conscription , rights of children under the age of majority , marriage , abortion , prostitution , drugs , euthanasia and organ donation . Of the following, only sale and at-will sharing involve no encumbrance . The two major justifications are given for the original property, or the homestead principle , are effort and scarcity. John Locke emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at
9956-416: The doctrine of sovereign immunity precludes relief. Moreover, if the interference does not almost completely make the property valueless, the interference will not be deemed a taking but instead a mere regulation of use. On the other hand, some governmental regulations of property use have been deemed so severe that they have been considered " regulatory takings ." Moreover, conduct is sometimes deemed only
10087-406: The early 1990s. It was alleged that in 1993 Osama bin Laden was using Middle East based Sunni charities to channel financial support to al-Qaeda operatives overseas. The same documents also report Bin Laden's complaint that the failed assassination attempt of Egyptian President Hosni Mubarak had compromised the ability of al-Qaeda to exploit charities to support its operatives to the extent it
10218-540: The entire social and political unit. Common ownership in a hypothetical communist society is distinguished from primitive forms of common property that have existed throughout history, such as Communalism and primitive communism , in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society. Corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law
10349-421: The fact that they help a man form those expectations which he can reasonably hold in his dealings with others. These expectations find expression in society's laws, customs, and more. An owner of property rights possesses the consent of fellowmen to allow him to act in particular ways. An owner expects the community to prevent others from interfering with his actions, provided that these actions are not prohibited in
10480-446: The first is a heavier punishment than the second. The two other kinds of punishment is light community service and fines. Prisons are designed in several ways and there are 5 levels of regimes (which depends on the crime committed). Nieuw Vosseveld is a long stay prison with the heaviest regime for the most dangerous criminals. The prison is meant for criminals that have been sentenced to 5 years of imprisonment and longer. According to
10611-467: The following: Osama bin Laden served as the emir of al-Qaeda from the organization's founding in 1988 until his assassination by US forces on May 1, 2011. Atiyah Abd al-Rahman was alleged to be second in command prior to his death on August 22, 2011. Bin Laden was advised by a Shura Council , which consists of senior al-Qaeda members. The group was estimated to consist of 20–30 people. Ayman al-Zawahiri had been al-Qaeda's deputy emir and assumed
10742-516: The forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter." That principle was carried to the United States. Under U.S. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The Takings clause requires that
10873-461: The fundamental rights of control over them. Questions regarding the nature of ownership of the body also come up in the issue of abortion , drugs , and euthanasia . In many ancient legal systems (e.g., early Roman law ), religious sites (e.g. temples ) were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have sacred sites owned by
11004-522: The global jihadist movement is driven at every level by al-Qaeda's leadership. However, bin Laden held considerable ideological influence over revolutionary Islamist movements across the world. Experts argue that al-Qaeda has fragmented into a number of disparate regional movements, and that these groups bear little connection with one another. This view mirrors the account given by Osama bin Laden in his October 2001 interview with Tayseer Allouni : "this matter isn't about any specific person and ...
11135-817: The globe. Notably, this activity exploited the International Islamic Relief Organization (IIRO) and the Muslim World League (MWL). The IIRO had ties with al-Qaeda associates worldwide, including al-Qaeda's deputy Ayman al Zawahiri. Zawahiri's brother worked for the IIRO in Albania and had actively recruited on behalf of al-Qaeda. The MWL was openly identified by al-Qaeda's leader as one of the three charities al-Qaeda primarily relied upon for funding sources. Several Qatari citizens have been accused of funding al-Qaeda. This includes Abd Al-Rahman al-Nuaimi ,
11266-565: The globe. The U.S. government refers to these captured enemy combatants as "detainees" because they did not qualify as prisoners of war under the definition found in the Geneva Conventions . Under the Obama administration the term enemy combatants was also removed from the lexicon and further defined under the 2010 Defense Omnibus Bill: Section 948b. Military commissions generally: (a) Purpose-This chapter establishes procedures governing
11397-405: The government (whether State or federal—for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right or the conduct is merely an intentional tort, these limitations do not apply, and
11528-450: The group who have undergone proper military training, and are capable of commanding insurgent forces, is largely unknown. Documents captured in the raid on bin Laden's compound in 2011 show that the core al-Qaeda membership in 2002 was 170. In 2006, it was estimated that al-Qaeda had several thousand commanders embedded in 40 countries. As of 2009 , it was believed that no more than 200–300 members were still active commanders. According to
11659-413: The idea of "giving to every man his own," a phrase he drew from the writings of Cicero . But he wondered: How can anybody call anything his own? A contemporary of Hobbes, James Harrington , reacted to the same tumult differently: he considered property natural but not inevitable. The author of " Oceana ," he may have been the first political theorist to postulate that political power is a consequence, not
11790-451: The issue of state compensation for criminal detention. Divided into two situations: Taking criminal detention measures illegally In the case of legally taking criminal detention measures but subsequently terminating the investigation of criminal responsibility, the victim must be detained beyond the detention period (up to 37 days) for the right to obtain compensation. It is imposed for a period of between one and 30 days (maximum 29 days). It
11921-679: The king of the Sumerian city-state Lagash , established the first laws that forbade compelling the sale of property. The Bible in Leviticus 19:11 and ibid. 19:13 states that the Israelites are not to steal. Aristotle , in Politics, advocates "private property." He argues that self-interest leads to neglect of the commons. "[T]hat which is common to the greatest number has the least care bestowed upon it. Everyone thinks chiefly of his own, hardly at all of
12052-399: The latter is not always widely recognized or enforced. An article of property may have physical and incorporeal parts. A title , or a right of ownership , establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. The unqualified term "property" is often used to refer specifically to real property. Property
12183-485: The law. Article 15 Item 1 of the original version of the "National Compensation Law of the People’s Republic of China", which was implemented from January 1, 1995, to December 31, 2012, stipulates that: Detained by mistake", the detainee can apply for state compensation. Article 17 Item 1 of the revised "National Compensation Law of the People's Republic of China", which came into effect on January 1, 2013, provides for
12314-527: The limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission. Communal property systems describe ownership as belonging to
12445-427: The nature of the property of interest (e.g., firearms, real property, personal property, animals). Persons can own property directly. In most societies legal entities , such as corporations , trusts and nations (or governments) own property. In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property. In
12576-873: The notion that private ownership of capital is inherently illegitimate. This argument centers on the idea that private ownership of capital always benefits one class over another, giving rise to domination through this privately owned capital. Communists do not oppose personal property that is "hard-won, self-acquired, self-earned" (as " The Communist Manifesto " puts it) by members of the proletariat . Both socialism and communism distinguish carefully between private ownership of capital (land, factories, resources, etc.) and private property (homes, material objects, and so forth). Most legal systems distinguish between different types of property, especially between land ( immovable property , estate in land , real estate , real property ) and all other forms of property— goods and chattels , movable property or personal property , including
12707-584: The number of active-duty soldiers under its command and allied militias have risen to approximately 250,000 by 2018. Al-Qaeda usually does not disburse funds for attacks, and very rarely makes wire transfers. In the 1990s, financing came partly from the personal wealth of Osama bin Laden. Other sources of income included the heroin trade and donations from supporters in Kuwait, Saudi Arabia and other Islamic Gulf states . A 2009 leaked diplomatic cable stated that "terrorist funding emanating from Saudi Arabia remains
12838-473: The organization and details of its structure were provided in the testimony of Jamal al-Fadl , who said he was a founding member of the group and a former employee of bin Laden. Questions about the reliability of al-Fadl's testimony have been raised by a number of sources because of his history of dishonesty, and because he was delivering it as part of a plea bargain agreement after being convicted of conspiring to attack US military establishments. Sam Schmidt,
12969-648: The organization's chief propagandist, and Abu Yahya al-Libi's deputy commander. The optimistic voices were already saying it was over for al-Qaeda. Nevertheless, it was around this time that the Arab Spring greeted the region, the turmoil of which came great to al-Qaeda's regional forces. Seven years later, Ayman al-Zawahiri became arguably the number one leader in the organization, implementing his strategy with systematic consistency. Tens of thousands loyal to al-Qaeda and related organizations were able to challenge local and regional stability and ruthlessly attack their enemies in
13100-431: The outcome of the search. The term 'detained' often refers to the immediacy when someone has their liberty deprived, often before an arrest or pre-arrest procedure has yet been followed. For example, a shoplifter being pursued and restrained, but not yet informed they are under arrest or read their rights would be classed as 'detained'. The detention of suspects is the process of keeping a person who has been arrested in
13231-423: The penal institution, a physical examination is carried out. Unlike imprisonment, there is no work, but, as with imprisonment, the warden of the penal institution may permit work to be carried out if the prisoner requests that he or she wishes to do so [5]. Previously, Article 16 of the Criminal Code simply provided that ‘detention shall last not less than one day and not more than 30 days and shall be carried out in
13362-671: The penal institution.’ However, on 17 June 2022, the Law Partially Amending the Penal Code (Law No. 67 of 2022) was promulgated, which newly stipulates in paragraph 2 that ‘Persons sentenced to detention may be allowed to perform necessary work or receive necessary guidance in order to improve and rehabilitate them.’ The law clearly stipulates that. Article 9, part 1a of Wetboek van Strafrecht states that there are 4 kinds of primary punishment. Two of them are two kinds of detentions, which are called gevangenisstraf and hechtenis , where
13493-674: The people's courts to impose short-term restrictions on the personal freedom of persons who seriously violate the civil laws and regulations in the name of the country. It is the most severe punishment in civil sanctions. Article 38 of the National Compensation Law and Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning Judicial Compensation in Civil and Administrative Litigations clearly stipulate
13624-519: The phrases used by St. Augustine. St. Thomas Aquinas agreed with regard to the private consumption of property but modified patristic theory in finding that the private possession of property is necessary. Thomas Aquinas concludes that, given certain detailed provisions, The principal writings of Thomas Hobbes appeared between 1640 and 1651—during and immediately following the war between forces loyal to King Charles I and those loyal to Parliament . In his own words, Hobbes' reflection began with
13755-513: The principle of the state's liability for civil execution compensation. Refers to the criminal compulsory measures taken by public security agency, national security agency, or the People's Procuratorate's Anti-Corruption Bureau or the Malfeasance Investigation Bureau in accordance with the provisions of the Criminal Procedure Law against current criminals or major suspects during criminal investigations. The criminal detention of
13886-400: The property, generate wealth , and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality: Wherever there
14017-453: The property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy , there are three broad forms of property: private property , public property , and collective property (or cooperative propert y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there
14148-477: The public security agency shall be approved by the person in charge of the administration of the public security agency at the county level (i.e., the director). Article 69 of the Criminal Procedure Law stipulates that if the public security organ considers a detained person to be arrested, it shall, within 3 days after detention, submit it to the investigation and supervision department of the People's Procuratorate for review and approval. Under special circumstances,
14279-487: The public security agency's request to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security agency shall release it immediately after receiving the notice, and promptly notify the People's Procuratorate of the execution. Those who need to continue the investigation and meet the conditions for release on bail pending trial or residential surveillance shall be released on bail pending trial or residential surveillance in accordance with
14410-450: The regional commanders were empowered with independence in military strategy and political maneuvering. This novel hierarchy made it possible for the organisation to launch wide-range offensives. When asked in 2005 about the possibility of al-Qaeda's connection to the July 7, 2005 London bombings , Metropolitan Police Commissioner Sir Ian Blair said: "Al-Qaeda is not an organization. Al-Qaeda
14541-459: The role of emir following bin Laden's death. Al-Zawahiri replaced Saif al-Adel , who had served as interim commander. On June 5, 2012, Pakistani intelligence officials announced that al-Rahman's alleged successor as second in command, Abu Yahya al-Libi , had been killed in Pakistan. Nasir al-Wuhayshi was alleged to have become al-Qaeda's overall second in command and general manager in 2013. He
14672-408: The run-up to 9/11 wrote in his memoir a highly detailed description of how the group functioned at that time. Al-Bahri described al-Qaeda's formal administrative structure and vast arsenal. However, the author Adam Curtis argued that the idea of al-Qaeda as a formal organization is primarily an American invention. Curtis contended the name "Al-Qaeda" was first brought to the attention of the public in
14803-403: The same time, mid-level organizations were given autonomy, but they had to consult with top management before large-scale attacks and assassinations. Top management included the shura council as well as committees on military operations, finance, and information sharing. Through the information committees of al-Qaeda, Zawahiri placed special emphasis on communicating with his groups. However, after
14934-417: The specifications of his rights. Different societies may have other theories of property for differing types of ownership. For example, Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such but instead may be framed in negative terms: for example, the taboo system among Polynesian peoples. In medieval and Renaissance Europe
15065-490: The subjects of custom and regulation, and "law" is where the term can meaningfully be applied. Many tribal cultures balance individual rights with the laws of collective groups: tribes, families, associations, and nations. For example, the 1839 Cherokee Constitution frames the issue in these terms: Sec. 2. The lands of the Cherokee Nation shall remain common property. Still, the improvements made thereon, and in possession of
15196-402: The term "property" essentially referred to land. After much rethinking, land has come to be regarded as only a special case of the property genus. This rethinking was inspired by at least three broad features of early modern Europe: the surge of commerce, the breakdown of efforts to prohibit interest (then called " usury "), and the development of centralized national monarchies . Urukagina ,
15327-446: The theory that God granted dominion over nature to man through Adam in the book of Genesis. Therefore, he theorized that when one mixes one's labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others." (see Lockean proviso ) In his encyclical letter Rerum novarum (1891), Pope Leo XIII wrote, "It
15458-404: The time for requesting review and approval can be extended by 1 to 4 days. For major suspects who commit crimes on the verge of committing crimes, committing multiple crimes, or ganging up to commit crimes, the time for review and approval can be extended to 30 days. The People's Procuratorate shall make a decision to approve the arrest or not to approve the arrest within seven days after receiving
15589-431: The use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission. There are three types of detention in the People's Republic of China: administrative detention (security detention), judicial detention (civil detention), and criminal detention (pre-trial detention). Refers to the most severe sanctions for general violations of
15720-572: The validity of property depends on whether the "property right" requires enforcement by the State. Different forms of "property" require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little. In contrast, requesting one's own body requires absolutely no state intervention. So some anarchists don't believe in property at all. Many things have existed that did not have an owner , sometimes called
15851-656: The world . The U.S. launched the war on Terror in response and invaded Afghanistan to depose the Taliban and destroy al-Qaeda. In 2003, a U.S.-led coalition invaded Iraq , overthrowing the Ba'athist regime which they falsely accused of having ties with al-Qaeda. In 2004, al-Qaeda launched its Iraqi regional branch . After pursuing him for almost a decade , the U.S. military killed bin Laden in Pakistan in May 2011. Al-Qaeda members believe that
15982-747: The world to this day. They are mainly hunted by the American and Israeli secret services. According to author Robert Cassidy, al-Qaeda maintains two separate forces which are deployed alongside insurgents in Iraq and Pakistan. The first, numbering in the tens of thousands, was "organized, trained, and equipped as insurgent combat forces" in the Soviet–Afghan war. The force was composed primarily of foreign mujahideen from Saudi Arabia and Yemen. Many of these fighters went on to fight in Bosnia and Somalia for global jihad . Another group, which numbered 10,000 in 2006, live in
16113-504: Was killed by the United States in 2022. As of 2021 , they have reportedly suffered from a deterioration of central command over its regional operations. Al-Qaeda only indirectly controls its day-to-day operations. Its philosophy calls for the centralization of decision making, while allowing for the decentralization of execution. The top leaders of al-Qaeda have defined the organization's ideology and guiding strategy, and they have also articulated simple and easy-to-receive messages. At
16244-434: Was accused of overseeing a $ 2 million monthly transfer to al-Qaeda in Iraq as part of his role as mediator between Iraq-based al-Qaeda senior officers and Qatari citizens. Nuaimi allegedly entertained relationships with Abu-Khalid al-Suri, al-Qaeda's top envoy in Syria, who processed a $ 600,000 transfer to al-Qaeda in 2013. Nuaimi is also known to be associated with Abd al-Wahhab Muhammad 'Abd al-Rahman al-Humayqani,
16375-453: Was also accused of investing funds in the charity directed by Humayqani to ultimately fund AQAP. About ten months after being sanctioned by the US Treasury, Nuaimi was also restrained from doing business in the UK. Another Qatari citizen, Kalifa Mohammed Turki Subayi, was sanctioned by the US Treasury on June 5, 2008, for his activities as a "Gulf-based Al-Qaeda financier". Subayi's name was added to
16506-411: Was based on such a corporate system. In a well-known paper that contributed to the creation of the field of law and economics in the late 1960s, the American scholar Harold Demsetz described how the concept of property rights makes social interactions easier: In the world of Robinson Crusoe , property rights play no role. Property rights are an instrument of society and derive their significance from
16637-597: Was capable of before 1995. Qatar financed al-Qaeda's enterprises through al-Qaeda's former affiliate in Syria, Jabhat al-Nusra. The funding was primarily channeled through kidnapping for ransom. The Consortium Against Terrorist Finance (CATF) reported that the Gulf country has funded al-Nusra since 2013. In 2017, Asharq Al-Awsat estimated that Qatar had disbursed $ 25 million in support of al-Nusra through kidnapping for ransom. In addition, Qatar has launched fundraising campaigns on behalf of al-Nusra. Al-Nusra acknowledged
16768-522: Was concurrently the leader of al-Qaeda in the Arabian Peninsula (AQAP) until he was killed by a US airstrike in Yemen in June 2015. Abu Khayr al-Masri , Wuhayshi's alleged successor as the deputy to Ayman al-Zawahiri, was killed by a US airstrike in Syria in February 2017. Al-Qaeda's next alleged number two leader, Abdullah Ahmed Abdullah , was killed by Israeli agents. His pseudonym was Abu Muhammad al-Masri, who
16899-567: Was killed in November 2020 in Iran. He was involved in the 1998 bombings of the US embassies in Kenya and Tanzania. Al-Qaeda's network was built from scratch as a conspiratorial network which drew upon the leadership of a number of regional nodes. The organization divided itself into several committees, which include: Al-Zawahiri was killed on July 31, 2022, in a drone strike in Afghanistan. In February 2023,
17030-579: Was not operationally managed by Ayman al-Zawahiri. Several operational groups exist, which consult with the leadership in situations where attacks are in preparation. "... Zawahiri does not claim to have direct hierarchical control over al Qaeda's vast, networked structure. Al Qaeda's core leadership seeks to centralize the organization's messaging and strategy rather than to manage the daily operations of its franchises. But formal affiliates are required to consult with al Qaeda's core leadership before carrying out large-scale attacks." Al-Qaeda central (AQC)
17161-584: Was not their commander. There is also no evidence that bin Laden used the term "al-Qaeda" to refer to the name of a group until after September 11 attacks, when he realized that this was the term the Americans had given it. During the 2001 trial, the US Department of Justice needed to show that bin Laden was the leader of a criminal organization in order to charge him in absentia under the Racketeer Influenced and Corrupt Organizations Act . The name of
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