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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Human Rights in Times of Conflict and Terrorism 2nd ed

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ISBN13: 9780198753780
Previous Edition ISBN: 9780199578931
To be Published: May 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition not yet published, ISBN13 9780198753797

This fully updated second edition of Human Rights in Times of Terror and Conflict is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism.

The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The second edition includes a new chapter on remedies, the right to truth and accountability for human rights violations committed during times of conflict and the fight against terrorism. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

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Human Rights and Civil Liberties
I Over arching Elements
1: Application of Human Rights Law
2: Ensuring Rights
3: The Regime of Limitations and Derogations
4: The Role of International Humanitarian Law in Human Rights Law
5: International Measures to Prevent Terrorism and Human Rights Protection
6: Remedies and Accountability for Violations

II Absolute Prohibitions
7: Prohibition of Arbitrary Deprivation of Life
8: Prohibition of Torture, Inhuman or Degrading Treatment or Punishment
9: Prohibition of Enforced Disappearances

III Requirements of Due Process
10: Prohibition of Arbitrary Detention
11: Pre-Trial Detention
12: Crimes and the Principle of Legality
13: Right To Be Heard by a Competent, Independent, and Impartial Tribunal
14: Elements of Fair Trial

IV Limitations to Freedoms
15: The Right to Home, Property, Freedom of Movement, and Residence
16: Participation in Public Life: Freedom of Expression, Association, and Conscience
17: Protection of the Personal Sphere: Right to Private and Family Life

V Protection of Vulnerable and Disadvantaged Populations
18: Economic, Social, and Cultural Rights in Situations of Violence
19: Vulnerable Groups During Armed Conflict and Other Violence