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Terrorism Rights and the Rule of Law

Terrorism  Rights and the Rule of Law Author Barry Vaughan
ISBN-10 9781134004621
Release 2013-05-13
Pages 240
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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.



Counter Terrorism Human Rights and the Rule of Law

Counter Terrorism  Human Rights and the Rule of Law Author Aniceto Masferrer
ISBN-10 9781781954478
Release 2013-09-30
Pages 360
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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



Terrorism Security and Human Rights

Terrorism  Security  and Human Rights Author Mahmood Monshipouri
ISBN-10 1588268268
Release 2012
Pages 309
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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

Human Rights in the  War on Terror Author Richard Ashby Wilson
ISBN-10 1139446827
Release 2005-10-03
Pages
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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.



EU Counter Terrorism Law

EU Counter Terrorism Law Author Cian C Murphy
ISBN-10 9781847319593
Release 2012-06-08
Pages 274
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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 Law

Terrorism Law Author Jeffrey F. Addicott
ISBN-10 0913875759
Release 2004
Pages 458
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Since the events of September 11, 2001, the world has entered into a period fraught with uncertainty and yet there shines a renewed hope to enlarge the peace and advance human rights. The central hope of the War on Terror rests in the great promise of a world more fully based on governments who adhere to human rights and democratic values. It offers a chance to advance human rights and democracy in areas of the world heretofore untouched. America's strongest weapon in the War on Terror does not rest with our military might or police functions. America's strongest weapon is our uncompromising commitment to the freedoms and civil liberties embodied in our Constitution and reflected in the U.N. Charter. The United States of American can only be successful if we follow a rule of law roote in human rights and democratic principles.Terrorism, like crime, can never be completely eradicated. At the time the first edition was published we were just entering our War on Terror. Although it was realized at the time that legal and policy challenges would exist, no one could have predicted exactly what events would take place. We have made progress in finding and arresting terrorists,including some of the top leaders of al-Qaeda, however our fight is not over. In the last few years our war on terror has lead us into Afghanistan and Iraq, Saddam Hussein has been captured, and a new Iraqi government has been established.The second edition of Winning the War on Terror, has been updated to include some of our nations biggest changes in fighting the war. This book highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism. It includes new chapters on the Iraqi war, the Iraqi democracy, the Supreme court decisions on detainees, the interrogation techniques of the US and cyber terrorism.TOPICS INCLUDE What is terrorism? The War on Terror Expanding the War on Terror Civil liberties and the War on Terror Necessity for laws of war Avoiding terrorism Leading the wayPax Americana or the rule of law? The role of the military and Army Special Forces in promoting human rights America must stay the course



Counter Terrorism

Counter Terrorism Author Ana Salinas de Frías
ISBN-10 9780199608928
Release 2012-01-19
Pages 1156
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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.



The War on Terrorism and the Rule of Law

The War on Terrorism and the Rule of Law Author Richard M. Pious
ISBN-10 0195330730
Release 2006-03-06
Pages 280
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Pious' book provides a detailed discussion of due process issues invoked by the George W. Bush administration's war on terror. This book questions the premise that the government's obligation to protect Americans from terrorist acts leads to an inevitable tradeoff between constitutional and legal guarantees of due process. Instead, Pious argues that bringing terrorists to justice through the due process of law provides more rather than less security. The introductory chapter begins by laying out worst-case scenarios for terrorist attacks on the United States. Case studies of recent court cases document that when law enforcement takes shortcuts it may not only result in the imprisonment of innocent people, but also distorts or falsifies the intelligence needed to deploy law enforcement resources in the most efficient manner. Subsequent chapters apply this perspective to such topics as government surveillance (including warrantless surveillance), data-mining, immigration "hold and clear" hearings, the application of material support and material witness statutes, rules of evidence determining access to witnesses, the indefinite detention of American citizens and non-citizens, the use of military hearings, and the authorized and unauthorized mistreatment of detainees to obtain intelligence. Pious provides accessible, up-to-date materials such as testimony and speeches by Bush administration officials presenting their arguments for an "intelligence-driven" approach rather than a due process approach to combat terrorism, congressional testimony refuting these claims, proposed legislation to require adherence to due process of law, recent statute law delegating extensive power to government officials, and federal cases attempting to strike a balance between governmental prerogative claims and the rights of defendants. The cases have been extensively edited to make them accessible to undergraduate students and other non-lawyers. The author provides extensive commentaries and notes, some of which are based on his own research, and others that present alternative viewpoints. These are designed to stimulate students, organize class discussion, and point out further avenues of research and inquiry. Suggested readings at the end of the book provide students with a preliminary bibliography for short essays or longer research papers.



Terrorism And the Foreigner

Terrorism And the Foreigner Author Elspeth Guild
ISBN-10 9789004151871
Release 2007
Pages 431
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This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.



The Rule of Crisis

The Rule of Crisis Author Pierre Auriel
ISBN-10 9783319744735
Release 2018-03-17
Pages 251
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This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.



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
ISBN-10 9789287177834
Release 2013-04-01
Pages 461
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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.



Terrorism and the Rule of Law

Terrorism and the Rule of Law Author C. A. Gearty
ISBN-10 UVA:X002742046
Release 1995
Pages 75
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Terrorism and the Rule of Law has been writing in one form or another for most of life. You can find so many inspiration from Terrorism and the Rule of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Terrorism and the Rule of Law book for free.



Law and Liberty in the War on Terror

Law and Liberty in the War on Terror Author Andrew Lynch
ISBN-10 1862876746
Release 2007
Pages 252
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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



Counter terrorism and the Prospects of Human Rights

Counter terrorism and the Prospects of Human Rights Author Ipek Demirsu
ISBN-10 9783319508023
Release 2017-02-24
Pages 318
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This book offers a systematic analysis of how the interaction between language of security and language of rights produces policies which not only affect everyday functioning of democracy, but also redefine the understanding of sovereignty. Demirsu presents a rich theoretical framework and a novel methodological design, premised on a multi-method qualitative research that offers a comparative analysis of counter-terrorism and human rights in Turkey and the United Kingdom. While Part I offers an analysis of the evolution of these two key policy-areas in relation to each other, Part II presents the findings of the frame analysis of parliamentary debates, both concluding by mapping out cross-cutting patterns in these two cases. As a result, the author demonstrates in detail how discourse and policy-making are mutually constitutive from a comparative angle.



The Struggle of Democracy Against Terrorism

The Struggle of Democracy Against Terrorism Author Emanuel Gross
ISBN-10 0813925312
Release 2006
Pages 291
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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.



Constitutionalism Across Borders in the Struggle Against Terrorism

Constitutionalism Across Borders in the Struggle Against Terrorism Author Federico Fabbrini
ISBN-10 9781784715397
Release 2016-06-29
Pages 368
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This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.



Justice and Security in the 21st Century

Justice and Security in the 21st Century Author Barbara Hudson
ISBN-10 9781136451027
Release 2012-01-30
Pages 256
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This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.