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Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach
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Book Synopsis VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH by : Dr. Behnam Rastegari
Download or read book VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH written by Dr. Behnam Rastegari and published by Lulu.com. This book was released on with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux
Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Right to Liberty and Security versus Counter-Terrorism under International Law by : Shimels Sisay Belete
Download or read book The Right to Liberty and Security versus Counter-Terrorism under International Law written by Shimels Sisay Belete and published by PubliQation. This book was released on 2018-11-14 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the aftermath of the 9/11 terrorist attack, the threat of terrorism, however, defined, has been invoked as a common ‘justification’ in the pursuit of remodelling policies, laws, and institutions, both at the international and in the domestic politico-legal showground. The broader central theme that this book explores is the normative vibe under which the present-day counterterrorism discourse is construed and sculpted in the legislative and institutional structures of an authoritarian state where the political power and government institutions are functioning under a single-party-monopolised system. Presenting the Ethiopian legislative and institutional frameworks as a case study, the book critically reflects on the extent that the international legal and/or institutional counterterrorism response is sensitised in a manner lessening the risk of conflating authoritarian regime’s unbearable reactions to citizens’ legitimate demands and resistances against its repression vis-àvis that of its response to the common threat of international terrorism. In particular, the book ponders whether or not the range of the substantive and procedural aspects of the Ethiopian antiterrorism legislative and institutional frameworks are wrought to fit into the main objectives and standards that emanate from the pertinent international laws relating to terrorism and the international human rights law as well as the domestic constitutional law maxims.
Book Synopsis Security and Human Rights by : Benjamin J Goold
Download or read book Security and Human Rights written by Benjamin J Goold and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
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.
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.
Author :Council of Europe. Committee of Ministers Publisher :Council of Europe ISBN 13 :9287156948 Total Pages :70 pages Book Rating :4.2/5 (871 download)
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.
Author :President's Review Group on Intelligence and Communications Technologies, The Publisher :Princeton University Press ISBN 13 :1400851270 Total Pages :288 pages Book Rating :4.4/5 (8 download)
Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Book Synopsis National Strategy for Countering Domestic Terrorism by : Us National Security Council
Download or read book National Strategy for Countering Domestic Terrorism written by Us National Security Council and published by Cosimo Reports. This book was released on 2021-06-15 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Together we must affirm that domestic terrorism has no place in our society." -President Joseph R. Biden, Jr., National Strategy for Countering Domestic Terrorism (June 2021) National Strategy for Countering Domestic Terrorism (June 2021) conveys the Biden Administration's view of domestic terrorism and strategy on how to deal with it. What is domestic terrorism? As defined by this report, it is based on a range of violent ideological motivations, including racial bigotry and anti-government feeling, and it can take several forms, from lone actors and small groups to violent militias.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Protecting Individual Privacy in the Struggle Against Terrorists by : National Research Council
Download or read book Protecting Individual Privacy in the Struggle Against Terrorists written by National Research Council and published by National Academies Press. This book was released on 2008-10-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: All U.S. agencies with counterterrorism programs that collect or "mine" personal data-such as phone records or Web sites visited-should be required to evaluate the programs' effectiveness, lawfulness, and impacts on privacy. A framework is offered that agencies can use to evaluate such information-based programs, both classified and unclassified. The book urges Congress to re-examine existing privacy law to assess how privacy can be protected in current and future programs and recommends that any individuals harmed by violations of privacy be given a meaningful form of redress. Two specific technologies are examined: data mining and behavioral surveillance. Regarding data mining, the book concludes that although these methods have been useful in the private sector for spotting consumer fraud, they are less helpful for counterterrorism because so little is known about what patterns indicate terrorist activity. Regarding behavioral surveillance in a counterterrorist context, the book concludes that although research and development on certain aspects of this topic are warranted, there is no scientific consensus on whether these techniques are ready for operational use at all in counterterrorism.
Book Synopsis National Insecurity and Human Rights by : Alison Brysk
Download or read book National Insecurity and Human Rights written by Alison Brysk and published by Univ of California Press. This book was released on 2007-10-22 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract:. - http://www3.openu.ac.il/ouweb/owal/new_books1.book_desc?in_mis_cat=113448.
Book Synopsis Handbook on Criminal Justice Responses to Terrorism by :
Download or read book Handbook on Criminal Justice Responses to Terrorism written by and published by United Nations Publications. This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Book Synopsis The War On Our Freedoms by : Richard C. Leone
Download or read book The War On Our Freedoms written by Richard C. Leone and published by Public Affairs. This book was released on 2003-06-19 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.
Book Synopsis Security V. Liberty by : Daniel Farber
Download or read book Security V. Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes—all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups—including socialists, anarchists, and labor leaders—not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration’s War on Terror policies—such as the detainment and trials of suspected al Qaeda members—by citing historical precedent in the Roosevelt administration’s prosecution of World War II. Yoo contends that, compared to Roosevelt’s sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual’s civil liberties often depended on the extent to which he or she fit the definition of “American” as the country’s borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history—trade-offs that we confront with renewed urgency in a post-9/11 world.
Book Synopsis Guidelines on Human Rights and the Fight Against Terrorism by : Council of Europe
Download or read book Guidelines on Human Rights and the Fight Against Terrorism written by Council of Europe and published by Council of Europe. This book was released on 2002 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains guidelines adopted by the Council of Europe's Committee of Ministers in July 2002 as recommendations both to member and non-member states seeking to combat the threat of terrorism through effective counter-measures, whilst at the same time upholding respect for fundamental human rights. The guidelines reaffirm states' obligation to ensure that all measures taken by states to combat terrorism must be lawful, and that torture must be prohibited. The framework set out in the guidelines concerns, in particular, the collecting and processing of personal data, measures which interfere with privacy, arrest, police custody and pre-trial detention, legal proceedings, extradition and compensation of victims.
