terrorism rights and the rule of law

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Terrorism Rights And The Rule Of Law

Author : Barry Vaughan
ISBN : 9781134004621
Genre : Social Science
File Size : 40. 76 MB
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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

Author : Aniceto Masferrer
ISBN : 9781781954478
Genre : Political Science
File Size : 43. 65 MB
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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

Author : Mahmood Monshipouri
ISBN : 1588268268
Genre : Political Science
File Size : 57. 66 MB
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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

Author : Richard Ashby Wilson
ISBN : 1139446827
Genre : Political Science
File Size : 56. 85 MB
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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

Author : Cian C Murphy
ISBN : 9781847319593
Genre : Law
File Size : 24. 95 MB
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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

The War On Terrorism And The Rule Of Law

Author : Richard M. Pious
ISBN : 0195330730
Genre : Political Science
File Size : 47. 6 MB
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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

Author : Elspeth Guild
ISBN : 9789004151871
Genre : Law
File Size : 55. 18 MB
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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

Author : Pierre Auriel
ISBN : 9783319744735
Genre : Law
File Size : 81. 89 MB
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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.

Terror Detentions And The Rule Of Law

Author : Robert H. Wagstaff
ISBN : 9780199301553
Genre : Law
File Size : 27. 42 MB
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Wagstaff describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the rule of law. The legality of the detentions was challenged and found wanting by the highest courts in both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context.

Terrorism Law

Author : Jeffrey F. Addicott
ISBN : 0913875759
Genre : Law
File Size : 66. 75 MB
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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

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