Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights
Author: Ana Salinas de Frias
Publisher: Council of Europe
Total Pages: 464
Release: 2013-04-01
Genre: Political Science
ISBN: 928717685X

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

Using Human Rights to Counter Terrorism
Author: Manfred Nowak
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2018-03-30
Genre: Law
ISBN: 1784715271

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'

Human Rights in the 'War on Terror'
Author: Richard Wilson
Publisher: Cambridge University Press
Total Pages: 376
Release: 2005-10-03
Genre: Law
ISBN: 9780521853194

This book reviews the war on terror since 9/11 from a human rights perspective.

International Human Rights and Counter-Terrorism

International Human Rights and Counter-Terrorism
Author: Eran Shor
Publisher: Springer
Total Pages: 0
Release: 2019-11-14
Genre: Law
ISBN: 9789811041808

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.

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

Human Rights and Counter-terrorism in America's Asia Policy
Author: Rosemary Foot
Publisher: Routledge
Total Pages: 94
Release: 2004
Genre: Political Science
ISBN: 9780198550020

Since 11 September 2001, President George W. Bush's administration has argued that when governments respect both the rule of law and human rights they contribute to a world where terrorism cannot thrive. For this reason, as well as its commitment to promote its own values, the US claims that it will not relax its efforts to advance human rights. However, since 11 September the US has often apparently compromised its stance on human-rights promotion abroad, in its search for military bases, intelligence cooperation and political support in the struggle against terrorism. This Adelphi Paper investigates how national security and human rights considerations have been accommodated in US policy towards five Asian states: China, Indonesia, Malaysia, Pakistan and Uzbekistan. Washington values its cooperation with all five countries in its ongoing anti-terrorist campaign. The Paper's main conclusion is a qualified one: in general, US levels of concern about the human-rights record of these five states has diminished and each has exploited the room for manoeuvre offered by changes in US domestic and foreign policies. Nevertheless, where the US executive and legislative branches, together with civil society, are united in their condemnation of a country's human-rights record, then US rhetorical attention to that record remains in place, even if the state is perceived as central to anti-terrorist operations.

Human Rights in the Prevention and Punishment of Terrorism

Human Rights in the Prevention and Punishment of Terrorism
Author: Alex Conte
Publisher: Springer Science & Business Media
Total Pages: 885
Release: 2010-07-03
Genre: Law
ISBN: 3642116086

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.

Counter-Terrorism

Counter-Terrorism
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
Total Pages: 1229
Release: 2012-01-19
Genre: Law
ISBN: 019960892X

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

Gender, National Security and Counter-terrorism
Author: Margaret L. Satterthwaite
Publisher: Routledge
Total Pages: 288
Release: 2013
Genre: Law
ISBN: 0415781795

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.

The Routledge Handbook of European Security Law and Policy

The Routledge Handbook of European Security Law and Policy
Author: E. Conde
Publisher: Routledge
Total Pages: 429
Release: 2019-10-11
Genre: Law
ISBN: 0429880057

The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union’s legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.