Counter Terrorism And Human Rights

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Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Author : Ana Salinas de Frias
Publisher : Council of Europe
Page : 461 pages
File Size : 43,5 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287176851

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Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by Ana Salinas de Frias Pdf

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Counter-Terrorism and Human Rights

Author : David J. Whittaker
Publisher : Routledge
Page : 204 pages
File Size : 51,7 Mb
Release : 2014-06-11
Category : History
ISBN : 9781317863489

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Counter-Terrorism and Human Rights by David J. Whittaker Pdf

The ever-present threat of terrorism and the growing human-rights backlash against anti-terrorist policies are becoming ever more significant on the international stage. Constant media-coverage and public concern have characterised the debate over the last ten years. This book is a fair and objective assessment of counter-terrorist policy and human rights worldwide, and covers a wide breadth of international material. While raising key questions for reader consideration, this book aims for straight-forward consideration, leaving polemic to the reader.

Using Human Rights to Counter Terrorism

Author : Manfred Nowak
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 43,6 Mb
Release : 2016
Category : POLITICAL SCIENCE
ISBN : 9781784715274

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Using Human Rights to Counter Terrorism by Manfred Nowak Pdf

While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.

Counter-Terrorism, Human Rights and the Rule of Law

Author : Aniceto Masferrer,Clive Walker
Publisher : Edward Elgar Publishing
Page : 354 pages
File Size : 52,6 Mb
Release : 2013-09-30
Category : Political Science
ISBN : 9781781954478

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Counter-Terrorism, Human Rights and the Rule of Law by Aniceto Masferrer,Clive Walker Pdf

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

International Human Rights and Counter-Terrorism

Author : Eran Shor,Stephen Hoadley
Publisher : Springer
Page : 0 pages
File Size : 47,7 Mb
Release : 2019-11-14
Category : Law
ISBN : 9811041806

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International Human Rights and Counter-Terrorism by Eran Shor,Stephen Hoadley Pdf

This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.

Human Rights in the 'War on Terror'

Author : Richard Wilson
Publisher : Cambridge University Press
Page : 376 pages
File Size : 53,5 Mb
Release : 2005-10-03
Category : Law
ISBN : 0521853192

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Human Rights in the 'War on Terror' by Richard Wilson Pdf

This book reviews the war on terror since 9/11 from a human rights perspective.

Human Rights in the Prevention and Punishment of Terrorism

Author : Alex Conte
Publisher : Springer Science & Business Media
Page : 845 pages
File Size : 52,9 Mb
Release : 2010-07-03
Category : Law
ISBN : 9783642116087

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Human Rights in the Prevention and Punishment of Terrorism by Alex Conte Pdf

The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Gender, National Security and Counter-terrorism

Author : Margaret L. Satterthwaite,Jayne C. Huckerby
Publisher : Routledge
Page : 288 pages
File Size : 43,6 Mb
Release : 2013
Category : Law
ISBN : 9780415781794

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Gender, National Security and Counter-terrorism by Margaret L. Satterthwaite,Jayne C. Huckerby Pdf

From its inception, the "War on Terror" has been a heavily gendered endeavour. A careful examination of counter-terrorism campaigns outside the current "War on Terror," reveals that such national security efforts also have a complex, but often unexplored, relationship to gender. This edited volume brings together scholars from various disciplines to consider, from a human rights perspective, the many ways in which gender interacts with counter-terrorism and national security efforts by modern states. The book provides a systematic overview of the key intersections between gender and counter-terrorism considering what it means to take a gendered human rights approach to counter-terrorism measures, the patterns that emerge from such an approach, and the human rights tools that can be utilized in this endeavour. The book includes case studies of specific countries including Pakistan, Sri Lanka and the USA, exploring the intersections of gender and counter-terrorism in the specific country context, drawing both country-specific and general conclusions. It goes on to examine the narratives and common assumptions at work in the counter-terrorism context and the gendered impacts of specific policies, analyzing through a gender lens the counter-terrorism efforts associated with the post-9/11 "War on Terror" as well as other campaigns against terrorism.

Counter-Terrorism

Author : Ana María Salinas de Frías,Katja Samuel,Nigel White
Publisher : Oxford University Press
Page : 1229 pages
File Size : 53,9 Mb
Release : 2012-01-19
Category : Law
ISBN : 9780199608928

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Counter-Terrorism by Ana María Salinas de Frías,Katja Samuel,Nigel White Pdf

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Human Rights-Compliant Counterterrorism

Author : Jayson S. Lamchek
Publisher : Cambridge University Press
Page : 309 pages
File Size : 50,6 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781108492331

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Human Rights-Compliant Counterterrorism by Jayson S. Lamchek Pdf

A critical take on the convergence of human rights discourse with the counterterrorism agenda revealing its effects on developing countries.

Counter-terrorism and the Detention of Suspected Terrorists

Author : Claire Macken
Publisher : Routledge
Page : 233 pages
File Size : 47,9 Mb
Release : 2013-03
Category : Law
ISBN : 9781136741876

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Counter-terrorism and the Detention of Suspected Terrorists by Claire Macken Pdf

In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.

Human Dignity and Human Security in Times of Terrorism

Author : Christophe Paulussen,Martin Scheinin
Publisher : Springer Nature
Page : 373 pages
File Size : 52,6 Mb
Release : 2019-12-09
Category : Law
ISBN : 9789462653559

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Human Dignity and Human Security in Times of Terrorism by Christophe Paulussen,Martin Scheinin Pdf

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

Human Rights and America's War on Terror

Author : Satvinder S. Juss
Publisher : Routledge
Page : 238 pages
File Size : 43,6 Mb
Release : 2018-10-25
Category : Law
ISBN : 9781351005647

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Human Rights and America's War on Terror by Satvinder S. Juss Pdf

This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.

Post 9/11 and the State of Permanent Legal Emergency

Author : Aniceto Masferrer
Publisher : Springer Science & Business Media
Page : 347 pages
File Size : 41,6 Mb
Release : 2012-05-09
Category : Law
ISBN : 9789400740624

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Post 9/11 and the State of Permanent Legal Emergency by Aniceto Masferrer Pdf

The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.

Counter-Terrorism and Beyond

Author : Andrew Lynch,Nicola McGarrity,George Williams
Publisher : Routledge
Page : 256 pages
File Size : 55,9 Mb
Release : 2010-06-10
Category : Law
ISBN : 9781136958540

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Counter-Terrorism and Beyond by Andrew Lynch,Nicola McGarrity,George Williams Pdf

This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.