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Vol 21 No 9 Sept/Oct 2016

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Counter-Terrorism: International Law and Practice (eBook)

Edited by: Ana Maria Salinas de Frias, Katja Samuel, Nigel D. White

ISBN13: 9780191627811
Published: January 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
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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.

Criminal Law, International Criminal Law, eBooks
Foreword: Mary Robinson
1: Katja L H Samuel and Nigel D White: Introduction
Part I: Counter-Terrorism And The Rule Of Law Framework
2: 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-Making
4: Allan Rosas: Counter-Terrorism and the Rule of Law: Issues of Judicial Control
5: Ana María Salinas de Frías: States' Obligations under International Refugee Law and Counter-Terrorism Responses
6: Ben Saul: Criminality and Terrorism
7: Jelena Pejic: Armed Conflict and Terrorism: There is a (Big) Difference
8: César Landa: Executive Power and the Use of the State of Emergency
9: Tassaduq Hussein Jillani: Impunity and the Emerging Patterns of International Justice
10: Colm Campbell: Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy
Part II: Multi-Disciplinary Perspectives On The Rule Of Law In Action
11: Hans Corell: The Role of the Lawyer in Shaping Responses to the Security Imperative
12: Fernando Perpiñá-Robert: Counter-Terrorism Policy-Making from the Perspective of a Diplomat
13: Keith Weston: Counter-Terrorism Policing and the Rule of Law: The Best of Friends
14: 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-Terrorism
16: Kimberly Prost: Fair Process and the Security Council: A Case for the Office of the Ombudsperson
Part III: Counter-Terrorism In Practice
17: David Turns: Classification, Administration, and Treatment of Battlefield Detainees
18: Nigel S Rodley: Detention as a Response to Terrorism
19: Silvia Casale: Treatment in Detention
20: Richard Pregent: Torture, Interrogation, Counter-Terrorism, and the Rule of Law
21: Helen Duffy and Steve Kostas: 'Extraordinary Rendition': a Challenge for the Rule of Law
22: Cornelis (Kees) Wouters: Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances
23: Daniel Moeckli: Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination
24: David Kretzmer: Use of Lethal Force against Suspected Terrorists
Part IV: Judicial Responses
25: Chris Kannady, Peter Masciola, and Michel Paradis: The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions
26: Claudia Martin: The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice
27: Nuala Mole: Restricted Immigration Procedures in National Security Cases and the Rule of Law: an Uncomfortable Relationship
28: Egbert Myjer: Human Rights and the Fight against Terrorism: Some Comments on the Case Law of the European Court of Human Rights
29: Sergio García Ramírez: The Inter-American Court of Human Rights' Perspective on Terrorism
30: Christina Cerna: The Role and Legal Framework of the Inter-American Commission on Human Rights in Securing Justice for Victims
31: Ibrahima Kane: Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa
32: Rod Rastan and Olympia Bekou: Terrorism and Counter-Terrorist Responses: The Role of International Criminal Jurisdictions
33: Ilaria Bottigliero: Realizing the Right to Redress for Victims of Terrorist Attacks
Part V: Non-Judicial Responses
34: Jarmo Oikarinen: Parliamentary Oversight of Counter-Terrorism Policies
35: Michèle Coninsx: Strengthening Interstate Cooperation: The Eurojust Experience
36: Martin A Ewi and Anton du Plessis: Criminal Justice Responses to Terrorism in Africa: The Role of the African Union and Sub-Regional Organizations
37: Nicole El Khoury: Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience
38: Conclusion