Counter-Terrorism, Human Rights and the Rule of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178195447X
Total Pages : 360 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer

Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Human Rights in the Case Law of the European Court of Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 : 928717685X
Total Pages : 461 pages
Book Rating : 4.2/5 (871 download)

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

Download or read book Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Oxford University Press
ISBN 13 : 019960892X
Total Pages : 1229 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Counter-Terrorism by : Ana María Salinas de Frías

Download or read book Counter-Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Counter-Terrorism, Human Rights And The Rule Of Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.:/5 (879 download)

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Book Synopsis Counter-Terrorism, Human Rights And The Rule Of Law by : Aniceto Masferrer

Download or read book Counter-Terrorism, Human Rights And The Rule Of Law written by Aniceto Masferrer and published by . This book was released on 2013 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Terrorism, Security, and Human Rights

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Author :
Publisher :
ISBN 13 : 9781588268266
Total Pages : 0 pages
Book Rating : 4.2/5 (682 download)

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Book Synopsis Terrorism, Security, and Human Rights by : Mahmood Monshipouri

Download or read book Terrorism, Security, and Human Rights written by Mahmood Monshipouri and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and policymakers disagree on the most effective way to counter transnational terrorism, generating debate on a range of questions: Do military interventions increase or decrease the recruitment capability of transnational terrorists? Should we privilege diplomacy over military force in the campaign against terror? Can counterterrorist measures be applied without violating human rights? More fundamentally, is it possible to effectively wage a war against terrorism? Grappling with these questions, Mahmood Monshipouri reviews alternative strategies for combating terrorism and makes the case for the continued relevance of international law and diplomacy as measures for severing its roots in the Middle East and elsewhere. Monshipouri underlines the need to redefine security to include the protection of human rights. In that context, he examines the limits of the use of force, torture, and externally imposed democratization and focuses on the conditions under which alternative counterterrorism tools can be viable. While acknowledging that there is no easy remedy to the tensions between security needs and human rights, he makes a compelling argument that the pursuit of a security template that sacrifices civil liberties is not only morally debilitating, but also politically imprudent.

Human Rights in the 'War on Terror'

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521853194
Total Pages : 376 pages
Book Rating : 4.8/5 (531 download)

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Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson

Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.

Counter-terrorism and human rights in the case law of the European Court of Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 : 928717783X
Total Pages : 461 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Counter-terrorism and human rights in the case law of the European Court of Human Rights by : Ana Salinas de Frias

Download or read book Counter-terrorism and human rights in the case law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Using Human Rights to Counter Terrorism

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715271
Total Pages : 384 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Using Human Rights to Counter Terrorism by : Manfred Nowak

Download or read book Using Human Rights to Counter Terrorism written by Manfred Nowak and published by Edward Elgar Publishing. This book was released on 2016 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Liberty in the War on Terror

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Author :
Publisher : Federation Press
ISBN 13 : 9781862876743
Total Pages : 276 pages
Book Rating : 4.8/5 (767 download)

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Book Synopsis Law and Liberty in the War on Terror by : Andrew Lynch

Download or read book Law and Liberty in the War on Terror written by Andrew Lynch and published by Federation Press. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia

Global Anti-Terrorism Law and Policy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139448293
Total Pages : 664 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Global Anti-Terrorism Law and Policy by : Victor V. Ramraj

Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2009-04-09 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.

The Rule of Law in an Era of Change

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Author :
Publisher : Springer
ISBN 13 : 3319899082
Total Pages : 181 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis The Rule of Law in an Era of Change by : George J. Andreopoulos

Download or read book The Rule of Law in an Era of Change written by George J. Andreopoulos and published by Springer. This book was released on 2018-07-16 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.

Comparative Counter-Terrorism Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316381099
Total Pages : 839 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach

Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.

The Struggle of Democracy Against Terrorism

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Author :
Publisher : University of Virginia Press
ISBN 13 : 9780813925318
Total Pages : 318 pages
Book Rating : 4.9/5 (253 download)

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Book Synopsis The Struggle of Democracy Against Terrorism by : Emanuel Gross

Download or read book The Struggle of Democracy Against Terrorism written by Emanuel Gross and published by University of Virginia Press. This book was released on 2006 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

EU Counter-Terrorism Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319599
Total Pages : 274 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EU Counter-Terrorism Law by : Cian C Murphy

Download or read book EU Counter-Terrorism Law written by Cian C Murphy and published by Bloomsbury Publishing. This book was released on 2012-06-08 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

Terrorism, Rights and the Rule of Law

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Author :
Publisher : Routledge
ISBN 13 : 1134004621
Total Pages : 240 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Terrorism, Rights and the Rule of Law by : Barry Vaughan

Download or read book Terrorism, Rights and the Rule of Law written by Barry Vaughan and published by Routledge. This book was released on 2013-05-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.

Human Rights and the Fight Against Terrorism

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Author :
Publisher : Council of Europe
ISBN 13 : 9287156948
Total Pages : 70 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Human Rights and the Fight Against Terrorism by : Council of Europe. Committee of Ministers

Download or read book Human Rights and the Fight Against Terrorism written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2005-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faced by the threat of international terrorism, there may be a temptation for governments to react with force to address the problem, and in doing so, to set aside the legal safeguards which exist in a democratic state. However, these guidelines are based on the belief that the need to respect human rights is not an obstacle to the adoption of effective measures to combat terrorism, and they aim to serve as a practical guide for anti-terrorist policies and legislation which reconcile both requirements. Issues dealt with include: the collection and processing of personal data, prohibition of torture, measures which interfere with privacy, arrest and police custody, pre-trial detention, legal proceedings, extradition and compensation of victims.

Terrorism, Security, and Human Rights

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Author :
Publisher :
ISBN 13 : 9781626370142
Total Pages : 309 pages
Book Rating : 4.3/5 (71 download)

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Book Synopsis Terrorism, Security, and Human Rights by : Mahmood Monshipouri

Download or read book Terrorism, Security, and Human Rights written by Mahmood Monshipouri and published by . This book was released on 2012 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Scholars and policymakers disagree on the most effective way to counter transnational terrorism, generating debate on a range of questions: Do military interventions increase or decrease the recruitment capability of transnational terrorists? Should we privilege diplomacy over military force in the campaign against terror? Can counterterrorist measures be applied without violating human rights? More fundamentally, is it possible to effectively wage a war against terrorism? Grappling with these questions, Mahmood Monshipouri reviews alternative strategies for combating terrorism and makes the case for the continued relevance of international law and diplomacy as measures for severing its roots in the Middle East and elsewhere. Monshipouri underlines the need to redefine security to include the protection of human rights. In that context, he examines the limits of the use of force, torture, and externally imposed democratization and focuses on the conditions under which alternative counterterrorism tools can be viable. While acknowledging that there is no easy remedy to the tensions between security needs and human rights, he makes a compelling argument that the pursuit of a security template that sacrifices civil liberties is not only morally debilitating, but also politically imprudent"--Provided by publisher.