Using Human Rights to Counter Terrorism

Author: Manfred Nowak
Publisher: Edward Elgar Publishing
ISBN: 1784715271
Format: PDF
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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 and Human Rights

Author: David J. Whittaker
Publisher: Routledge
ISBN: 1317863488
Format: PDF, ePub, Mobi
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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.

Counter Terrorism Human Rights and the Rule of Law

Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Format: PDF
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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

Counter terrorism and the Prospects of Human Rights

Author: Ipek Demirsu
Publisher: Palgrave Macmillan
ISBN: 9783319508016
Format: PDF, ePub
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This book offers a systematic analysis of how the interaction between language of security and language of rights produces policies which not only affect everyday functioning of democracy, but also redefine the understanding of sovereignty. Demirsu presents a rich theoretical framework and a novel methodological design, premised on a multi-method qualitative research that offers a comparative analysis of counter-terrorism and human rights in Turkey and the United Kingdom. While Part I offers an analysis of the evolution of these two key policy-areas in relation to each other, Part II presents the findings of the frame analysis of parliamentary debates, both concluding by mapping out cross-cutting patterns in these two cases. As a result, the author demonstrates in detail how discourse and policy-making are mutually constitutive from a comparative angle.

Gender National Security and Counter terrorism

Author: Margaret L. Satterthwaite
Publisher: Routledge
ISBN: 0415781795
Format: PDF, ePub, Mobi
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In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most--both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism--and human rights into a gendered analysis of counter-terrorism--this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.

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
ISBN: 928717685X
Format: PDF, Kindle
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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.

Terrorism and the Limitation of Rights

Author: Stefan Sottiaux
Publisher: Bloomsbury Publishing
ISBN: 1847314112
Format: PDF, ePub, Mobi
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Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

To what Extent Have the Policies and Practices of Counterterrorism Undermined Human Rights in the War on Terror

Author: Poppy Stanbury
Publisher: Grin Publishing
ISBN: 9783668369665
Format: PDF, Docs
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Essay from the year 2015 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, University of Kent, language: English, abstract: This essay will discuss the impact that counterterrorism has had on human rights throughout the 'war on terror', focusing on the policies and practices of the U.S. after the attacks of September 11th, 2001, and using case studies such as Guantanamo Bay detention centre in Cuba and Abu Ghraib prison in Iraq. This essay will compare the use policies and practices of counterterrorism utilised by the Bush administration to that of the Obama administration, and how human rights have been undermined during both presidencies, as well as analysing how the U.S.'s methods of counterterrorism has led to other countries following suit in the disregard of human rights when fighting terrorism. Counterterrorism can be defined as action against known and suspected terrorist organisations in reaction to, or as a defence against terrorist attacks, and, according to Poynting and Whyte, "seeks only to control the threat of terrorism and is devoid of any content other than security and protection." (Poynting and Whyte, 2012: 6). After the tragic attack on 11th September 2001, when four planes were hijacked by Al-Qaida terrorists, the Bush administration declared a 'war on terror', determined to track down and punish those responsible for the attacks. In late January 2002, President Bush extended the war on terror to a wider 'axis of evil', those targeted composed of regimes that supported terrorism and pursued development of weapons of mass destruction (Rogers, 2013: 6). Most notably among the targets were Iran, North Korea, and, of course, Iraq. In basic terms, human rights are put in place to protect citizens from the state. And according to contemporary international human rights law, such as the Universal Declaration of Human Rights and the Geneva Conventions, the state has an obligation to implement intern

International Cooperation in Counter terrorism

Author: Professor Giuseppe Nesi
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493067
Format: PDF, Mobi
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This volume provides a timely analysis of global and regional responses to international terrorism. The work assesses the role of the United Nations and its various organs, particularly the General Assembly and the Security Council, and discusses the key legal issues. The second part of the book examines the activity of regional organizations both in their own right as well as their interaction with the UN. The volume concludes with a discussion of whether, to what extent and how the fight against terrorism has encroached upon fundamental rules of international law such as the international protection of human rights or the use of force among states. The volume is the latest in a series drawing on the presentations of high ranking scholars, diplomats and representatives of international organizations. The result is a stimulating and thought-provoking book which will be of interest to researchers and policy-makers alike.

Countering Terrorist Recruitment in the Context of Armed Counter Terrorism Operations

Author: S. Ekici
Publisher: IOS Press
ISBN: 161499613X
Format: PDF, ePub
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Terrorism is not a new phenomenon, but almost all communities, regardless of ethnicity, religion, social status or location, are now increasingly facing the challenge of terrorist threat. What makes a terrorist organization attractive to some citizens? A better understanding of the reasons why individuals choose to join terror groups may well enhance efforts to disrupt the recruitment process of terrorist organizations and thereby support current and future counter-terrorism initiatives. This book presents the proceedings of the NATO Advanced Research Workshop, 'Countering Terrorist Recruitment in the Context of Armed Counter-Terrorism Operations', held in Antalya, Turkey, in May 2015. The goal of the workshop was to share existing ideas and develop new ones to tackle terrorist recruitment. The book contains 18 articles covering topics which include: the role of NATO and other international entities in counter-terrorism; understanding recruitment methods and socialization techniques of terror networks by comparing them to gangs; social media in terrorist recruitment; drug money links with terrorist financing; and counter-terrorism and human rights. The book will be of interest to all those involved in developing, planning and executing prevention programs and policies in relation to both armed and non-armed counter-terrorism operations.