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Author :
Publisher :
ISBN 13 : 9781138498075
Total Pages : pages
Book Rating : 4.4/5 (98 download)
Download or read book BEYOND HUMAN RIGHTS AND THE WAR ON TERROR. written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Ashby Wilson
Publisher : Cambridge University Press
ISBN 13 : 9781139446822
Total Pages : 376 pages
Book Rating : 4.4/5 (468 download)
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.
Author : Satvinder S. Juss
Publisher : Routledge
ISBN 13 : 1351006045
Total Pages : 256 pages
Book Rating : 4.3/5 (51 download)
Download or read book Beyond Human Rights and the War on Terror written by Satvinder S. Juss and published by Routledge. This book was released on 2018-10-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.
Author : Peter Jan Honigsberg
Publisher : Univ of California Press
ISBN 13 : 9780520943124
Total Pages : 344 pages
Book Rating : 4.9/5 (431 download)
Download or read book Our Nation Unhinged written by Peter Jan Honigsberg and published by Univ of California Press. This book was released on 2009-05-18 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, "Kill me!" Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration's response to the attacks of September 11, 2001—and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.
Author : Benjamin Wittes
Publisher : Rowman & Littlefield
ISBN 13 : 0815704178
Total Pages : 435 pages
Book Rating : 4.8/5 (157 download)
Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
Author : Satvinder Singh Juss
Publisher :
ISBN 13 : 9781351005661
Total Pages : 238 pages
Book Rating : 4.0/5 (56 download)
Download or read book Human Rights and America's War on Terror written by Satvinder Singh Juss and published by . This book was released on 2018 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the 'war on terror' and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Author : Daniel Moeckli
Publisher : OUP Oxford
ISBN 13 : 0191553654
Total Pages : 304 pages
Book Rating : 4.1/5 (915 download)
Download or read book Human Rights and Non-discrimination in the 'War on Terror' written by Daniel Moeckli and published by OUP Oxford. This book was released on 2008-01-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Author : Miriam Gani
Publisher : ANU E Press
ISBN 13 : 1921313749
Total Pages : 440 pages
Book Rating : 4.9/5 (213 download)
Download or read book Fresh Perspectives on the 'War on Terror' written by Miriam Gani and published by ANU E Press. This book was released on 2008-07-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
Author : Jordan J. Paust
Publisher : Cambridge University Press
ISBN 13 : 1139467263
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book Beyond the Law written by Jordan J. Paust and published by Cambridge University Press. This book was released on 2007-09-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations and orders of the Bush administration. It describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It offers the most thorough documentation of cases demonstrating that the President is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. Special military commissions contemplated by President Bush are analyzed along with the Supreme Court's decision in Hamdan concerning their illegal structure and procedures, as well as problems created by the 2006 Military Commission Act.
Author : Helen Duffy
Publisher : Cambridge University Press
ISBN 13 : 0521838509
Total Pages : 542 pages
Book Rating : 4.5/5 (218 download)
Download or read book The 'War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2005-07-28 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.
Author : Eric Stover
Publisher : Univ of California Press
ISBN 13 : 0520962761
Total Pages : 504 pages
Book Rating : 4.5/5 (29 download)
Download or read book Hiding in Plain Sight written by Eric Stover and published by Univ of California Press. This book was released on 2016-04-12 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.pbs.org/wnet/dead-reckoning/. And for more information about the Human Rights Center, visit hrc.berkeley.edu.
Author : Mark Danner
Publisher : New York Review of Books
ISBN 13 :
Total Pages : 612 pages
Book Rating : 4.3/5 (91 download)
Download or read book Torture and Truth written by Mark Danner and published by New York Review of Books. This book was released on 2004-10-31 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the torture photographs in color and the full texts of the secret administration memos on torture and the investigative reports on the abuses at Abu Ghraib. In the spring of 2004, graphic photographs of Iraqi prisoners being tortured by American soldiers in Baghdad's Abu Ghraib prison flashed around the world, provoking outraged debate. Did they depict the rogue behavior of "a few bad apples"? Or did they in fact reveal that the US government had decided to use brutal tactics in the "war on terror"? The images are shocking, but they do not tell the whole story. The abuses at Abu Ghraib were not isolated incidents but the result of a chain of deliberate decisions and failures of command. To understand how "Hooded Man" and "Leashed Man" could have happened, Mark Danner turns to the documents that are collected for the first time in this book. These documents include secret government memos, some never before published, that portray a fierce argument within the Bush administration over whether al-Qaeda and Taliban prisoners were protected by the Geneva Conventions and how far the US could go in interrogating them. There are also official reports on abuses at Abu Ghraib by the International Committee of the Red Cross, by US Army investigators, and by an independent panel chaired by former defense secretary James R. Schlesinger. In sifting this evidence, Danner traces the path by which harsh methods of interrogation approved for suspected terrorists in Afghanistan and Guant‡namo "migrated" to Iraq as resistance to the US occupation grew and US casualties mounted. Yet as Mark Danner writes, the real scandal here is political: it "is not about revelation or disclosure but about the failure, once wrongdoing is disclosed, of politicians, officials, the press, and, ultimately, citizens to act." For once we know the story the photos and documents tell, we are left with the questions they pose for our democratic society: Does fighting a "new kind of war" on terror justify torture? Who will we hold responsible for deciding to pursue such a policy, and what will be the moral and political costs to the country?
Author : Fiona de Londras
Publisher : Cambridge University Press
ISBN 13 : 1139500031
Total Pages : 327 pages
Book Rating : 4.1/5 (395 download)
Download or read book Detention in the 'War on Terror' written by Fiona de Londras and published by Cambridge University Press. This book was released on 2011-07-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
Author : A. Naomi Paik
Publisher : UNC Press Books
ISBN 13 : 1469626322
Total Pages : 332 pages
Book Rating : 4.4/5 (696 download)
Download or read book Rightlessness written by A. Naomi Paik and published by UNC Press Books. This book was released on 2016-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Author : John Yoo
Publisher : Open Road + Grove/Atlantic
ISBN 13 : 1555847633
Total Pages : 304 pages
Book Rating : 4.5/5 (558 download)
Download or read book War by Other Means written by John Yoo and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The key legal architect of the Bush administration’s response to 9/11 delivers a fascinating insider account of the war on terror. While America reeled from the cataclysmic events of September 11, 2001, John Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America’s fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, and military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly
Author : Satvinder S. Juss
Publisher : Routledge
ISBN 13 : 1351005642
Total Pages : 238 pages
Book Rating : 4.3/5 (51 download)
Download or read book Human Rights and America's War on Terror written by Satvinder S. Juss and published by Routledge. This book was released on 2018-10-25 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Author : A. C. Grayling
Publisher : A&C Black
ISBN 13 : 1408810905
Total Pages : 300 pages
Book Rating : 4.4/5 (88 download)
Download or read book Liberty in the Age of Terror written by A. C. Grayling and published by A&C Black. This book was released on 2010-04-05 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: An impassioned defence of the civil liberties and the rule of law in the face of increasing pressure for ever greater 'security' 'A rollicking defence of Freedom and Enlightenment in the style of Tom Paine or William Godwin' Spectator 'The even-handed tone of philosophy professor AC Grayling's latest book does not lessen the intensity of its polemical content ... Grayling underlines the seriousness of today's threats to our liberties' Metro "The means of defence against foreign danger historically have become the instruments of tyranny at home." James Madison Our societies, says Anthony Grayling, are under attack not only from the threat of terrorism, but also from our governments' attempts to fight that threat by reducing freedom in our own societies - think the 42-day detention controversy, CCTV surveillance, increasing invasion of privacy, ID Cards, not to mention Abu Ghraib, rendition, Guantanamo... As Grayling says: 'There should be a special place for political irony in the catalogues of human folly. Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.' In this lucid and timely book Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.
