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 PDF Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464

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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.

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 PDF Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464

Get Book Here

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.

Counter-Terrorism and Human Rights

Counter-Terrorism and Human Rights PDF Author: David J. Whittaker
Publisher: Routledge
ISBN: 1317863488
Category : History
Languages : en
Pages : 204

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Book Description
The ever-present threat of terrorism and the growing human-rights backlash against anti-terrorist policies are becoming ever more significant on the international stage. Constant media-coverage and public concern have characterised the debate over the last ten years. This book is a fair and objective assessment of counter-terrorist policy and human rights worldwide, and covers a wide breadth of international material. While raising key questions for reader consideration, this book aims for straight-forward consideration, leaving polemic to the reader.

Using Human Rights to Counter Terrorism

Using Human Rights to Counter Terrorism PDF Author: Manfred Nowak
Publisher: Edward Elgar Publishing
ISBN: 1784715271
Category : Law
Languages : en
Pages : 383

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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.

International Human Rights and Counter-Terrorism

International Human Rights and Counter-Terrorism PDF Author: Eran Shor
Publisher: Springer
ISBN: 9789811041808
Category : Law
Languages : en
Pages : 0

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Book Description
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 PDF Author: Rosemary Foot
Publisher: Routledge
ISBN: 9780198550020
Category : Political Science
Languages : en
Pages : 94

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Book Description
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 'War on Terror'

Human Rights in the 'War on Terror' PDF Author: Richard Wilson
Publisher: Cambridge University Press
ISBN: 9780521853194
Category : Law
Languages : en
Pages : 376

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

Human Rights in the Prevention and Punishment of Terrorism

Human Rights in the Prevention and Punishment of Terrorism PDF Author: Alex Conte
Publisher: Springer Science & Business Media
ISBN: 3642116086
Category : Law
Languages : en
Pages : 885

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Book Description
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.

Human Rights-Compliant Counterterrorism

Human Rights-Compliant Counterterrorism PDF Author: Jayson S. Lamchek
Publisher: Cambridge University Press
ISBN: 1108492339
Category : Law
Languages : en
Pages : 309

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Book Description
A critical take on the convergence of human rights discourse with the counterterrorism agenda revealing its effects on developing countries.

Counter-Terrorism

Counter-Terrorism PDF Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229

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Book Description
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 PDF Author: Margaret L. Satterthwaite
Publisher: Routledge
ISBN: 1136173404
Category : Law
Languages : en
Pages : 288

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Book Description
In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most—both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism—and human rights into a gendered analysis of counter-terrorism—this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.