Counter-Terrorism: International Law and Practice

Hardcover | February 19, 2012

EditorAna Maria Salinas de Frias, Katja Samuel, Nigel White

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The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law haveproved to be highly contentious.This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights,humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur.It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; theidentification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels.The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force; forms of, and treatmentin, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial andinstitutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and useof sensitive information.Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

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The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law haveproved to be highly contentious.This book is u...

Professor Ana Maria Salinas de Frias, Professor of Public International Law at Malaga University, Spain has recently completed a two year secondment as Legal Advisor to the Directorate General of Legal Advice and Public International Law at the Council of Europe, including on anti-terrorism matters. She specializes in, and has publishe...

other books by Ana Maria Salinas de Frias

Format:HardcoverDimensions:1232 pages, 9.69 × 6.73 × 2.22 inPublished:February 19, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019960892X

ISBN - 13:9780199608928

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Table of Contents

Mary Robinson: Foreword1. Katja L. H. Samuel and Nigel D. White: IntroductionPart I: Counter-Terrorism And The Rule Of Law Framework2. Katja L. H. Samuel: The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Policy Created?3. Nigel D. White: The United Nations and Counter-Terrorism: Multilateral and Executive Law-Making4. Allan Rosas: Counter-Terrorism and the Rule of Law: Issues of Judicial Control5. Ana Maria Salinas de Frias: States' Obligations under International Refugee Law and Counter-Terrorism Responses6. Ben Saul: Criminality and Terrorism7. Jelena Pejic: Armed Conflict and Terrorism: There is a (Big) Difference8. Cesar Landa: Executive Power and the Use of the State of Emergency9. Tassaduq Hussein Jillani: Impunity and the Emerging Patterns of International Justice10. Colm Campbell: Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law StrategyPart II: Multi-Disciplinary Perspectives On The Rule Of Law In Action11. Hans Corell: The Role of the Lawyer in Shaping Responses to the Security Imperative12. Fernando Perpina-Robert: Counter-Terrorism Policy-Making from the Perspective of a Diplomat13. Keith Weston: Counter-Terrorism Policing and the Rule of Law: The Best of Friends14. Gerald Staberock: Intelligence and Counter-Terrorism: Towards a Human Rights and Accountability Framework?15. Thomas R. Mockaitis, Charles Tucker Jr., and Augustus Invictus: The Military and the Role of Law in Counter-Terrorism16. Kimberly Prost: Fair Process and the Security Council: A Case for the Office of the OmbudspersonPart III: Counter-Terrorism In Practice17. David Turns: Classification, Administration, and Treatment of Battlefield Detainees18. Nigel S. Rodley: Detention as a Response to Terrorism19. Silvia Casale: Treatment in Detention20. Richard Pregent: Torture, Interrogation, Counter-Terrorism, and the Rule of Law21. Helen Duffy and Steve Kostas: 'Extraordinary Rendition': a Challenge for the Rule of Law22. Cornelis (Kees) Wouters: Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances23. Daniel Moeckli: Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination24. David Kretzmer: Use of Lethal Force against Suspected TerroristsPart IV: Judicial Responses25. Chris Kannady, Peter Masciola, and Michel Paradis: The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions26. Claudia Martin: The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice27. Nuala Mole: Restricted Immigration Procedures in National Security Cases and the Rule of Law: an Uncomfortable Relationship28. Egbert Myjer: Human Rights and the Fight against Terrorism: Some Comments on the Case Law of the European Court of Human Rights29. Sergio Garcia Ramirez: The Inter-American Court of Human Rights' Perspective on Terrorism30. Christina Cerna: The Role and Legal Framework of the Inter-American Commission on Human Rights in Securing Justice for Victims31. Ibrahima Kane: Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa32. Rod Rastan and Olympia Bekou: Terrorism and Counter-Terrorist Responses: The Role of International Criminal Jurisdictions33. Ilaria Bottigliero: Realizing the Right to Redress for Victims of Terrorist AttacksPart V: Non-Judicial Responses34. Jarmo Oikarinen: Parliamentary Oversight of Counter-Terrorism Policies35. Michele Coninsx: Strengthening Interstate Cooperation: The Eurojust Experience36. Martin A. Ewi and Anton du Plessis: Criminal Justice Responses to Terrorism in Africa: The Role of the African Union and Sub-Regional Organizations37. Nicole El Khoury: Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience38. ConclusionBibliographyIndex