Human Rights and Non-Discrimination in the War on Terror

Hardcover | March 12, 2008

byDaniel Moeckli

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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 - haveapproached 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.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 authorevaluates 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 methodsor 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-terrorismmeasures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.

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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 - haveapproached this challenge by analysing the h...

Dr Daniel Moeckli is a Lecturer in the School of Law and a Fellow of the Human Rights Law Centre at the University of Nottingham. His main research interests lie in the area of human rights law, both international and national. He is a member of the Panel of Experts advising the UN Special Rapporteur on the Promotion and Protection of...

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Kobo ebook|Jul 14 2016

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Format:HardcoverDimensions:250 pages, 9.21 × 6.14 × 0.91 inPublished:March 12, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199239800

ISBN - 13:9780199239801

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Table of Contents

1. Introduction: Security and Liberty in an Age of (Counter-)TerrorismI Concepts: Anti-terrorism Regimes and Non-discrimination2. Anti-terrorism Regimes: Rationale and Scope3. The Human Right to Non-DiscriminationII Distinctions Based on Citizenship Status4. Executive Detention of Foreign Terrorist Suspects5. Trial of Foreign Terrorist SuspectsIII Distinctions Based on Country of Origin, or Nationality, Race, or Religion6. Selective Enforcement of Immigration Laws7. Selective Use of Police Powers8. Conclusion: The Wider Impacts of Discriminatory Anti-terrorism MeasuresBibliography