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.

Human Rights and Counter-terrorism in America's Asia Policy

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Author :
Publisher : Routledge
ISBN 13 : 1136055762
Total Pages : 118 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Human Rights and Counter-terrorism in America's Asia Policy by : Rosemary Foot

Download or read book Human Rights and Counter-terrorism in America's Asia Policy written by Rosemary Foot and published by Routledge. This book was released on 2020-11-25 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effects of the terrorist attacks on New York and Washington of 11 September 2001 on America's human rights and counter-terrorism policies towards a number of countries in Asia. Five countries have been chosen for examination, divided into two front-lines states (Pakistan and Uzbekistan), two second-front countries (Indonesia and Malaysia), and a third-front country, China. The paper also looks at changes in US domestic legislation and its treatment of prisoners at Guantanamo Bay and elsewhere in order to analyse the extent to which the US promotion of an external human rights policy might also have been compromised by its own legislative changes as a result of the struggle against terrorism. The paper concludes that the attacks on US territory, overall, have constrained America's willingness and capacity to promote an external human rights policy with respect to these five countries. However, some attention - especially at the rhetorical level - to these countries' human rights records has been retained to differing degrees among the five states. This degree of difference is not explained entirely in reference to a country's perceived centrality to the struggle against terrorism. It depends on the extent to which the US executive and legislative branches are united - either singly or in combination - in their disapproval of a state's record, or in their understanding about how best to reach the policy goals that are sought.

Counter-Terrorism and Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 1317863488
Total Pages : 208 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Counter-Terrorism and Human Rights by : David J. Whittaker

Download or read book Counter-Terrorism and Human Rights written by David J. Whittaker and published by Routledge. This book was released on 2014-06-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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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.

Human Rights in the 'War on Terror'

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139446822
Total Pages : 376 pages
Book Rating : 4.4/5 (468 download)

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

Download or read book Human Rights in the 'War on Terror' written by Richard Ashby 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 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.

International Human Rights and Counter-Terrorism

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Author :
Publisher : Springer
ISBN 13 : 9789811041808
Total Pages : 0 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis International Human Rights and Counter-Terrorism by : Eran Shor

Download or read book International Human Rights and Counter-Terrorism written by Eran Shor and published by Springer. This book was released on 2019-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Counter-Terrorism, Human Rights and the Rule of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178195447X
Total Pages : 354 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 354 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

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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.

Gender, National Security and Counter-terrorism

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Author :
Publisher : Routledge
ISBN 13 : 0415781795
Total Pages : 288 pages
Book Rating : 4.4/5 (157 download)

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Book Synopsis Gender, National Security and Counter-terrorism by : Margaret L. Satterthwaite

Download or read book Gender, National Security and Counter-terrorism written by Margaret L. Satterthwaite and published by Routledge. This book was released on 2013 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights in the Prevention and Punishment of Terrorism

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642116086
Total Pages : 845 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Human Rights in the Prevention and Punishment of Terrorism by : Alex Conte

Download or read book Human Rights in the Prevention and Punishment of Terrorism written by Alex Conte and published by Springer Science & Business Media. This book was released on 2010-07-03 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Enemy Combatant

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Publisher : The New Press
ISBN 13 : 1595587330
Total Pages : 416 pages
Book Rating : 4.5/5 (955 download)

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Book Synopsis Enemy Combatant by : Moazzam Begg

Download or read book Enemy Combatant written by Moazzam Begg and published by The New Press. This book was released on 2011-05-10 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Enemy Combatant was first published in the United States in hardcover in 2006 it garnered sensational reviews, and its author was featured in the New York Times, the Los Angeles Times, on National Public Radio, and on ABC News. A second generation British Muslim, Begg had been held by the U.S. military for more than three years before being released without charge in January of 2005. His memoir is the first published account by a Guantánamo detainee of life inside the infamous prison. Writing in the Washington Post Book World, Jane Mayer described Enemy Combatant as “fascinating . . . Begg provides some ideological counterweight to the one–sided spin coming from the U.S. government. He writes passionately and personally, stripping readers of the comforting lie that somehow the detainees aren’t really like us, with emotional attachments, intellectual interests and fully developed humanity.” Recommended by the Financial Times and Tikkun magazine and a ColorLines Editors’ Pick of Post–9/11 Books, Enemy Combatant is “a forcefully told, up-to-the-minute political story . . . necessary reading for people on all sides of the issue” (Publishers Weekly, starred review).

Counter-terrorism and the Detention of Suspected Terrorists

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Author :
Publisher : Routledge
ISBN 13 : 1136741879
Total Pages : 233 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Counter-terrorism and the Detention of Suspected Terrorists by : Claire Macken

Download or read book Counter-terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Extremism, Free Speech and Counter-Terrorism Law and Policy

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Author :
Publisher : Routledge
ISBN 13 : 0429889720
Total Pages : 216 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Extremism, Free Speech and Counter-Terrorism Law and Policy by : Ian Cram

Download or read book Extremism, Free Speech and Counter-Terrorism Law and Policy written by Ian Cram and published by Routledge. This book was released on 2019-03-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses a number of free speech vs security concerns that are engaged by counter-terrorism law and policy makers across a number of liberal democracies, and explores the delicate balance between free speech and the censoring of views that promote hatred or clash with fundamental democratic values. It does this by looking at the perspectives and level of disagreement between those who consider today’s counter-terrorism and extremism strategies to be a soft and liberal approach, and those who believe these strategies disproportionately impact freedom of expression and association and non-violent political dissent. The contributors include academics, practicing lawyers, and think-tank analysts who examine whether universities and schools incubators of violent radicalism and debate, and whether the views of ‘extremist’ speakers and hate preachers need to be censored. Outside the UK, critical discussion of the regulation of counter-terrorism, extremism, and free speech in other liberal democracies is also offered. This book will be of great interest to researchers and practitioners with interests in extremism, terrorism, civil rights, and freedom of speech.

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

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Author :
Publisher : Routledge
ISBN 13 : 1317524659
Total Pages : 240 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism by : Fiona de Londras

Download or read book The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism written by Fiona de Londras and published by Routledge. This book was released on 2015-04-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

The Guantánamo Effect

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Publisher : University of California Press
ISBN 13 : 0520261771
Total Pages : 228 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis The Guantánamo Effect by : Laurel Emile Fletcher

Download or read book The Guantánamo Effect written by Laurel Emile Fletcher and published by University of California Press. This book was released on 2009-09-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s “war on terror.” Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.

Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism

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Author :
Publisher : World Scientific
ISBN 13 : 1783266562
Total Pages : 924 pages
Book Rating : 4.7/5 (832 download)

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Book Synopsis Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism by : Parker Thomas David

Download or read book Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism written by Parker Thomas David and published by World Scientific. This book was released on 2019-06-17 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 150 years, Nationalist, Populist, Marxist and Islamist terrorists have all been remarkably consistent and explicit about their aims: Provoke the State into over-reacting to the threat they pose, then take advantage of the divisions in society that result. Faced with a major terrorist threat, States seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Avoiding the Terrorist Trap addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law is the only truly effective approach to defeating terrorism.