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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 have proved 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; the identification 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 treatment in, 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 and institutional 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 use of 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.
- Sales Rank: #2830068 in eBooks
- Published on: 2012-01-19
- Released on: 2012-01-19
- Format: Kindle eBook
Review
"A valuable comprehensive reference resource that brings together leading experts on the spectrum of legal issues involved in formulating and applying counter-terrorism policies domestically and internationally."
-- Joshua Sinai, Perspectives on Terrorism
About the Author
Ana-Maria Salinas de Frias is Professor of Public International Law at Malaga University, Spain. She 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 published extensively on, human rights, European Community, and immigration matters.
Katja Samuel is a barrister specializing in security and armed conflict, international human rights and criminal law. With military, practitioner, NGO, and academic experience, she focuses in particular on counter-terrorism matters; and co-directs the current Rule of Law and Terrorism project together with Nigel White under the umbrella of the World Justice Project.
Nigel White is Professor of Public International Law, Nottingham University, UK, and is a leading expert in security and armed conflict, international institutional, peacekeeping, and arms control law. He has authored and edited a significant number of publications on these issues, most recently Democracy Goes to War: British Military Deployment under International Law (OUP, 2009); is the co-editor in chief of the Journal of Conflict and Security Law; and is the editor of the Oxford Reports on International Law online module International Law in the Domestic Courts for the UK.
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