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Author: Daniel Moeckli
Publisher: OUP Oxford
ISBN: 0191553654
Category : Political Science
Languages : en
Pages : 304
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Book Description
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: Daniel Moeckli
Publisher: OUP Oxford
ISBN: 0191553654
Category : Political Science
Languages : en
Pages : 304
Get Book Here
Book Description
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: Daniel Moeckli
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 638
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Book Description
Author: Daniel Moeckli
Publisher: Oxford University Press, USA
ISBN: 0199239800
Category : Law
Languages : en
Pages : 300
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Book Description
Analyzes the human rights impacts of anti-terrorism laws and practices in the United States, the United Kingdom, and Germany.
Author: Alice Yotopoulos-Marangopoulos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004140735
Category : Political Science
Languages : en
Pages : 406
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Book Description
The tragic events of 11 September 2001 have led to an intensification of measures against terrorism both at the level of states and international organisations. New laws and resolutions have been passed in order to strengthen national and international action against terrorism. Some of these measures violate human rights and have been introduced without respect for obligatory procedures under international human rights conventions for derogations in cases of emergency. This development has given rise to much concern worldwide. In order to analyse the many (human rights) questions posed by the intensified struggle against terrorism, a symposium was organised, on the initiative of the Marangopoulos Foundation for Human Rights (MFHR) of Athens, by the European Training and Research Centre for Human Rights and Democracy (ETC) in Graz and the Diplomatic Academy of Vienna together with the MFHR. This volume brings together most of the contributions to this high-level and in-depth discussion in edited, updated form. Among the issues analysed are the dangers entailed in the new doctrine of pre-emptive wars, the issue of the prevention of terrorism through measures addressing its causes and the strengthening of human security. The volume also contains an annex with major documents relating to the question of human rights and terrorism at universal and regional levels prepared by international organisations and NGO's, which represents a useful handbook on the topic. Marangopoulos Foundation for Human Rights (MFHR). Established in 1978 in Athens, Greece. Its main purposes are the research, study, defense, protection and promotion of generally recognised human rights and fundamental freedoms.Within this framework, MFHR takes a special interest in the advancement of formal and informal education on human rights, the raising of public awareness and the adoption by States or international organisations of measures protecting human rights, peace and the development of democratic institutions. For more details, see: http: //www.mfhr.gr European Training and Research Centre for Human Rights and Democracy (ETC) has been established in the year 2000, in the city of Graz, the first Human Rights City in Europe. It is a non-governmental organisation which is linked to the University of Graz through a cooperation agreement. The ETC has a particular focus on South-Eastern Europe, where it helped creating a network of human rights centres. In its training and research activities it is supported by an international advisory board. A particular focus of its training and research programmes is the relationship between human rights and human security, non-discrimination, migration, democracy and human rights at the local level. For more details, see: http: //www.etc-graz.at.
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.
Author: Alice Yotopoulos-Marangopoulos
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Chris Miller
Publisher: Manchester University Press
ISBN: 1847794971
Category : Political Science
Languages : en
Pages : 416
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Book Description
The term ‘War on Terror’ (WOT) covers a mass of interlinked topics. Here an outstanding group of authors and academics dissect them from ethical, political, legal, economic and historical perspectives. Drawn from the world-famous Oxford Amnesty Lectures, the essays are substantial contributions to their fields and of abiding relevance. Here it is argued that members of active terrorist groups should be pre-emptively executed; that there is no provision for WOT in international law; that WOT is not cost-efficient; that war and terrorism can no longer be distinguished; and that the term ‘terrorist’ has been captured by a specific political constituency. The arguments of the celebrated contributors, from Ahdaf Soueif to Joanna Bourke, are confirmed or contradicted by their respondents, resulting in broad, scholarly coverage of the issues. The book concludes with a fatwa against terrorism. ‘WOT’ lies at the heart of current debate about immigration, multiculturalism and foreign policy. It is one of the determining debates in the politics of today. This volume will be of interest to students of politics, law and religion and to anyone concerned with current affairs. It covers the politics of the Middle East and the Iraq War, human rights in Islam and the West and the ethics of intervention. This is a powerful contribution to an urgent debate.
Author: Joan Fitzpatrick
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The human rights regime adopts a legalist approach to limit the harm the powerful may inflict on the vulnerable The attacks of September 11, 2001 and the ensuing 'war against terrorism' test the limits of the legalist approach. Human rights constrain state responses to terrorism more directly than they govern the conduct of terrorists. As a result, the international human rights regime is disadvantaged rhetorically and politically. While substantive human rights standards have not changed since September 11, six possible norm developments may occur: (1) alterations in norms governing the use of force may increase the perceived legitimacy of pre-emptive defensive action, for example with regard to targeted assassinations; (2) reconceptualization of counter-terrorism as a new species of international armed conflict may displace human rights law and international criminal law, and substitute new rules that are less detailed than those that apply to conventional armed conflicts; (3) derogation principles may be refined, especially in relation to the temporal element and the non-derogability of the prohibition on arbitrary detention and of fair trial rights; (4) an increase in the commission of extraterritorial human rights violations may spur the clarification of the scope of human rights treaties ratione loci; (5) the targeting of non-citizens, Muslims and Arabs may clarify non-discrimination norms; and (6) exclusion from refugee protection may expand. In institutional terms, the 'war against terrorism' has not yet had significant effects, but the following issues are notable: (1) integrating human rights into UN counter-terrorism initiatives; (2) the aggressive campaign by the United States Government against the International Criminal Court; (3) the tendency toward American exceptionalism; (4) leadership by Europe to preserve human rights principles in counter-terrorism; (5) increased polarization of UN human rights bodies around the Israeli-Palestinian crisis; (6) silencing of criticism of gross violators in exchange for counter-terrorist cooperation; and (7) marginalization of human rights treaty bodies as effective monitors of counter-terrorist policies.
Author: Richard B. Zabel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 190
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Book Description
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Author: Julie Otsuka
Publisher: Anchor
ISBN: 0307430219
Category : Fiction
Languages : en
Pages : 162
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Book Description
From the bestselling, award-winning author of The Buddha in the Attic and The Swimmers, this commanding debut novel paints a portrait of the Japanese American incarceration camps that is both a haunting evocation of a family in wartime and a resonant lesson for our times. On a sunny day in Berkeley, California, in 1942, a woman sees a sign in a post office window, returns to her home, and matter-of-factly begins to pack her family's possessions. Like thousands of other Japanese Americans they have been reclassified, virtually overnight, as enemy aliens and are about to be uprooted from their home and sent to a dusty incarceration camp in the Utah desert. In this lean and devastatingly evocative first novel, Julie Otsuka tells their story from five flawlessly realized points of view and conveys the exact emotional texture of their experience: the thin-walled barracks and barbed-wire fences, the omnipresent fear and loneliness, the unheralded feats of heroism. When the Emperor Was Divine is a work of enormous power that makes a shameful episode of our history as immediate as today's headlines.
