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Defining Terrorism in International Law by Ben Saul Pdf
This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Defining Terrorism in International Law by Ben Saul Pdf
This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Defining Terrorism in International Law by Ben Saul Pdf
This work explains why the international community should define and criminalise terrorism, how it should define it, and what it should exclude from the definition of terrorism.
Terrorism as a Challenge for National and International Law: Security versus Liberty? by Christian Walter,Silja Vöneky,Volker Röben,Frank Schorkopf Pdf
The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.
Terrorism and International Law by Maurice Flory,Rosalyn Higgins Pdf
The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.
International anti-terrorism measures existed long before 11 September 2001 but have increased markedly since. A myriad of norms in different branches of law are now deployed to confront transnational and domestic terrorism. There is also a proliferating body of 'soft law' addressing terrorism, stemming from United Nations organs, specialised international bodies and regional organisations. It is timely to draw together these diverse legal developments over time into a single reference work. Bringing the original documents together provides for ease of reference and enables scholars, practitioners and students to more easily compare and contrast various sources. The book's coverage is comprehensive (thematically, organisationally, geographically and temporally) and open to a balance of sources (hard and soft), but is judicious in its selection and prioritisation of the most significant and representative documents - in a field where there are many repetitive or insubstantial documents. Importantly, the book looks beyond the traditional trans-Atlantic bias towards European, British and American sources in this area to include materials from Asia, Africa, Latin America and the Middle East. Taken as a whole, the book aids in evidencing the emerging field of international anti-terrorism law.
The Oxford Handbook of Terrorism by Erica Chenoweth,Richard English,Andreas Gofas,Stathis N. Kalyvas Pdf
The Oxford Handbook of Terrorism systematically integrates the substantial body of scholarship on terrorism and counterterrorism before and after 9/11. In doing so, it introduces scholars and practitioners to state of the art approaches, methods, and issues in studying and teaching these vital phenomena. This Handbook goes further than most existing collections by giving structure and direction to the fast-growing but somewhat disjointed field of terrorism studies. The volume locates terrorism within the wider spectrum of political violence instead of engaging in the widespread tendency towards treating terrorism as an exceptional act. Moreover, the volume makes a case for studying terrorism within its socio-historical context. Finally, the volume addresses the critique that the study of terrorism suffers from lack of theory by reviewing and extending the theoretical insights contributed by several fields - including political science, political economy, history, sociology, anthropology, criminology, law, geography, and psychology. In doing so, the volume showcases the analytical advancements and reflects on the challenges that remain since the emergence of the field in the early 1970s.
Defining International Terrorism by Stella Margariti Pdf
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
Ana María Salinas de Frías,Katja Samuel,Nigel White
Author : Ana María Salinas de Frías,Katja Samuel,Nigel White Publisher : Oxford University Press Page : 1229 pages File Size : 45,7 Mb Release : 2012-01-19 Category : Law ISBN : 9780199608928
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 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.
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.
Research Handbook on International Law and Terrorism by Ben Saul Pdf
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Constructions of Terrorism by Michael Stohl,Richard Burchill,Scott Englund Pdf
This publication is part of the Constructions of Terrorism Research Project being carried out through a partnership between TRENDS Research & Advisory, Abu Dhabi, UAE, and the Orfalea Center for Global and International Studies, University of California, Santa Barbara.
Author : Ana Salinas de Frias Publisher : Council of Europe Page : 461 pages File Size : 53,6 Mb Release : 2013-04-01 Category : Political Science ISBN : 9789287176851
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.
