Human Rights In Times Of Conflict And Terrorism

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Human Rights in Times of Conflict and Terrorism

Author : Louise Doswald-Beck
Publisher : OUP Oxford
Page : 600 pages
File Size : 51,5 Mb
Release : 2011-09-22
Category : Law
ISBN : 9780191621147

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Human Rights in Times of Conflict and Terrorism by Louise Doswald-Beck Pdf

This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Human Rights in Times of Conflict and Terrorism

Author : Louise Doswald-Beck
Publisher : OUP Oxford
Page : 600 pages
File Size : 44,6 Mb
Release : 2011-09-22
Category : Law
ISBN : 9780191621598

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Human Rights in Times of Conflict and Terrorism by Louise Doswald-Beck Pdf

This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Human Rights in the 'War on Terror'

Author : Richard Ashby Wilson
Publisher : Cambridge University Press
Page : 376 pages
File Size : 46,8 Mb
Release : 2005-10-03
Category : Political Science
ISBN : 1139446827

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

This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.

Human Dignity and Human Security in Times of Terrorism

Author : Christophe Paulussen,Martin Scheinin
Publisher : Springer Nature
Page : 373 pages
File Size : 52,8 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.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Author : Larissa J. Herik,Nico Schrijver
Publisher : Cambridge University Press
Page : 799 pages
File Size : 41,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781107025387

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Counter-Terrorism Strategies in a Fragmented International Legal Order by Larissa J. Herik,Nico Schrijver Pdf

An exploration of the relationship between different branches of international law and their applicability to terrorism.

Wars on Terrorism and Iraq

Author : Thomas George Weiss,Margaret E. Crahan,John Goering
Publisher : Psychology Press
Page : 247 pages
File Size : 55,6 Mb
Release : 2004
Category : History
ISBN : 0415700639

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Wars on Terrorism and Iraq by Thomas George Weiss,Margaret E. Crahan,John Goering Pdf

'If I had the power to do so, I would make this book compulsory reading for all who exercise political power in our world today! Instead, I will keep my fingers crossed that it will be read by as many members of Congress and of the current US administration as possible, and by a wide cross-section of policy analysts, diplomats, academics and human rights defenders.' - Mary Robinson, Former UN High Commissioner for Human Rights Wars on Terrorism and Iraq provides a timely and critical analysis of the impact of the wars on terrorism and Iraq on human rights particularly internationally, as well as related tensions between unilateralism and multilateralism in US foreign policy. The distinguished contributors examine the consequences for international relations and world order of the traditional standard bearer for human rights and democracy (the United States) appearing not to be championing the rule of law and negotiated conflict resolution. The authors also suggest effective policies to promote greater fulfilment of human rights in order to achieve peaceful accord within nations, and stability internationally.

Schmid

Author : Alex P. Schmid
Publisher : Routledge
Page : 1600 pages
File Size : 43,6 Mb
Release : 2013-06-15
Category : Political Science
ISBN : 0415574722

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Schmid by Alex P. Schmid Pdf

As a special type of political violence, terrorism comes in several guises. It manifests itself as disproportionate or draconian state repression in internal conflicts, and also as a particular type of violation of the laws of war in international conflicts. Most often, however, it is associated with indiscriminate violence by non-state actors engaged in an asymmetric conflict against established governments or sectors of the public. Whether used by state actors or violent non-state actors, terrorists and their masters often show little or no respect for civilians and non-combatants. In applying violence without moral restraints, they violate not only the laws of the land where their attacks take place but also international human rights law (in peacetime) or international humanitarian law (in times of war). Paradoxically, fighting terrorism is also often accompanied by transgressions of such laws, even by democratic states. Especially in recent times, hardliners have argued that in order to combat terrorism effectively there is an unavoidable trade-off between human security and human-rights observance. Others hold that human-rights observance and effective counter-terrorism are not only fully compatible; in their view, one cannot successfully control terrorism without maintaining the moral high ground and upholding the rule of law. It came as a shock to many that, in the name of its so-called War on Terror, a great democracy like the United States could, after the events of 11 September 2001, curtail so many democratic freedoms and safeguards—human rights that had taken centuries to be embraced. Other countries with less solid rule-of-law traditions followed the example of the Bush administration and have curtailed human rights in the name of counter-terrorism even further. The net result has been a double assault on human rights by terrorists and counter-terrorists. To help make sense of the controversies surrounding terrorism, counter-terrorism, human rights, and humanitarian law, this new four-volume collection from Routledge builds on the success of an earlier Routledge Major Work (Terrorism(2005) (978-0-415-31650-7) edited by David Rapoport). It answers the need for an authoritative reference work that brings together vital scholarship and key documents from NGOs and governmental organizations on these issues. Fully indexed and with comprehensive introductions to each volume, newly written by the editor, Alex P. Schmid, a leading scholar in the field, Terrorism and Human Rightsis an essential work of reference. It is destined to be valued by political scientists, terrorism experts, human-rights advocates, and international lawyers.

International Legal Protection of Human Rights in Armed Conflict

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 130 pages
File Size : 42,9 Mb
Release : 2011
Category : Law
ISBN : MINN:31951D03613922U

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International Legal Protection of Human Rights in Armed Conflict by United Nations. Office of the High Commissioner for Human Rights Pdf

International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.

Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict

Author : Elizabeth Chadwick
Publisher : BRILL
Page : 235 pages
File Size : 44,7 Mb
Release : 2023-08-28
Category : Law
ISBN : 9789004632417

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Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict by Elizabeth Chadwick Pdf

A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of `Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed `terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination `as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.

Failing to Protect

Author : Rosa Freedman
Publisher : Oxford University Press
Page : 240 pages
File Size : 45,6 Mb
Release : 2015
Category : Law
ISBN : 9780190222543

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Failing to Protect by Rosa Freedman Pdf

Every year tens of millions of individuals suffer grave abuses of their human rights. These violations occur worldwide, in war-torn countries and in the wealthiest states. Despite many of the abuses being well-documented, little seems to be done to stop them from happening. The United Nations was established to safeguard world peace and security, development, and human rights yet it is undeniable that currently is it failing to protect the rights of a great many people from the victims of ethnic cleansing, to migrants, those displaced by war and women who suffer horrendous abuse. This book looks at the reasons for that failure. Using concrete examples intertwined with explanations of the law and politics of the UN, Rosa Freedman offers clear explanations of how and why the Organisation is unable, at best, or unwilling, at worst, to protect human rights. Written for a non-specialist audience, her book also seeks to explain why certain countries and political blocs manipulate and undermine the UN s human rights machinery. Failing to Protect demonstrates the urgent need for radical reform of the machinery of human rights protection at the international level.

Human Rights in Emergencies

Author : Evan J. Criddle
Publisher : Cambridge University Press
Page : 303 pages
File Size : 49,8 Mb
Release : 2016-07-21
Category : Law
ISBN : 9781107115835

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Human Rights in Emergencies by Evan J. Criddle Pdf

This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.

Preparing for the Psychological Consequences of Terrorism

Author : Institute of Medicine,Board on Neuroscience and Behavioral Health,Committee on Responding to the Psychological Consequences of Terrorism
Publisher : National Academies Press
Page : 184 pages
File Size : 46,9 Mb
Release : 2003-08-26
Category : Political Science
ISBN : 9780309167925

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Preparing for the Psychological Consequences of Terrorism by Institute of Medicine,Board on Neuroscience and Behavioral Health,Committee on Responding to the Psychological Consequences of Terrorism Pdf

The Oklahoma City bombing, intentional crashing of airliners on September 11, 2001, and anthrax attacks in the fall of 2001 have made Americans acutely aware of the impacts of terrorism. These events and continued threats of terrorism have raised questions about the impact on the psychological health of the nation and how well the public health infrastructure is able to meet the psychological needs that will likely result. Preparing for the Psychological Consequences of Terrorism highlights some of the critical issues in responding to the psychological needs that result from terrorism and provides possible options for intervention. The committee offers an example for a public health strategy that may serve as a base from which plans to prevent and respond to the psychological consequences of a variety of terrorism events can be formulated. The report includes recommendations for the training and education of service providers, ensuring appropriate guidelines for the protection of service providers, and developing public health surveillance for preevent, event, and postevent factors related to psychological consequences.

Law Applicable to Armed Conflict

Author : Ziv Bohrer,Janina Dill,Helen Duffy
Publisher : Cambridge University Press
Page : 260 pages
File Size : 48,9 Mb
Release : 2020-02-29
Category : Law
ISBN : 1108722989

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Law Applicable to Armed Conflict by Ziv Bohrer,Janina Dill,Helen Duffy Pdf

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.