Counter-Terrorism, Human Rights and the Rule of Law


Book Description

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




State Terrorism and Human Rights


Book Description

This book aims to improve understanding of the broad trends in the utilisation of political violence by examining the use of state terror in world politics. The ending of the Cold War and the overthrow of communism in Eastern Europe led many to assume that this presaged the demise of the one-party terror regime and acceptance of Western concepts of democracy, freedom and human rights throughout the international system. But of course this did not end state terror. The totalitarian one-party state still exists in North Korea and China, and there are numerous military regimes and other forms of dictatorship where the use of terror techniques for internal control is routine. The late Professor Paul Wilkinson conceived and began this project with the intention of analysing the major types of international response to state terror, as well as their outcomes and their wider implications for the future of international relations. In keeping with this original premise, the contributors explore the history of terrorism, as well as reflecting on the need for international cooperation based on the protection of civilians and a consistent approach to intervention in conflict situations. This book will be of much interest to students of terrorism studies, political violence, human rights, genocide, and IR in general.




Human Rights in the 'War on Terror'


Book Description

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




State Terrorism in Latin America


Book Description

Examines the tragic development and resolution of Latin America's human rights crisis of the 1970s and 1980s. Focusing on state terrorism in Chile under General Augusto Pinochet and in Argentina during the Dirty War (1976-1983), this book offers an exploration of the reciprocal relationship between Argentina and Chile and human rights movements.




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


Book Description

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


Book Description

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.




Post 9/11 and the State of Permanent Legal Emergency


Book Description

The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.




Avoiding The Terrorist Trap: Why Respect For Human Rights Is The Key To Defeating Terrorism


Book Description

'This book makes uncomfortable reading both in its detailed analysis of terrorism and its causes, and in the critique of state responses, particularly in modern times. It is unusual to have such a defence of a 'human rights framework' from a counter-terrorism practitioner rather than from within the legal fraternity. It is this that makes the case even more persuasive. All who are involved in counter-terrorism strategy should consider carefully the arguments put forward.'Global Policy JournalFor more than 150 years, nationalist, populist, Marxist and religious terrorists have all been remarkably consistent and explicit about their aims: provoke states into over-reacting to the threat they pose, then take advantage of the divisions in society that result. Yet, state after state falls into the trap that terrorists have set for them. Faced with a major terrorist threat, governments seem to reach instinctively for the most coercive tools at their disposal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding in 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 then demonstrates why a counter-terrorism strategy grounded in respect for human rights and the rule of law is the most effective approach to defeating terrorism.




Terrorism and the State


Book Description

Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.




Constructions of Terrorism


Book Description

This publication is part of the Constructions of Terrorism Research Project being carried out through a partnership between TRENDS Research & Advisory, Abu Dhabi, UAE, and the Orfalea Center for Global and International Studies, University of California, Santa Barbara.