Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717783X
Category : Political Science
Languages : en
Pages : 461
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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.
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.
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Category : Political Science
Languages : en
Pages : 354
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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
Author: Dr. Behnam Rastegari
Publisher: Lulu.com
ISBN: 1312338903
Category :
Languages : en
Pages : 159
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Book Description
Author: Louise Doswald-Beck
Publisher: OUP Oxford
ISBN: 0191621595
Category : Law
Languages : en
Pages : 600
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Book Description
This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.
Author: Manfred Nowak
Publisher: Edward Elgar Publishing
ISBN: 1784715271
Category : POLITICAL SCIENCE
Languages : en
Pages : 384
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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.
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN: 9287156948
Category : Law
Languages : en
Pages : 70
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Book Description
Faced by the threat of international terrorism, there may be a temptation for governments to react with force to address the problem, and in doing so, to set aside the legal safeguards which exist in a democratic state. However, these guidelines are based on the belief that the need to respect human rights is not an obstacle to the adoption of effective measures to combat terrorism, and they aim to serve as a practical guide for anti-terrorist policies and legislation which reconcile both requirements. Issues dealt with include: the collection and processing of personal data, prohibition of torture, measures which interfere with privacy, arrest and police custody, pre-trial detention, legal proceedings, extradition and compensation of victims.
Author: Alex Conte
Publisher: Springer Science & Business Media
ISBN: 3642116086
Category : Law
Languages : en
Pages : 845
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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.
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: Louise Doswald-Beck
Publisher: OUP Oxford
ISBN: 0191621145
Category : Law
Languages : en
Pages : 600
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Book Description
This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.
