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While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
'This book makes uncomfortable reading both in its detailed analysis of terrorism and its causes, and in the critique of state responses, particularly in modern times. It is unusual to have such a defence of a 'human rights framework' from a counter-terrorism practitioner rather than from within the legal fraternity. It is this that makes the case even more persuasive. All who are involved in counter-terrorism strategy should consider carefully the arguments put forward.'Global Policy JournalFor more than 150 years, nationalist, populist, Marxist and religious terrorists have all been remarkably consistent and explicit about their aims: provoke states into over-reacting to the threat they po...
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balanc...
The ‘spycops’ scandal has laid bare the existence of secretive police units that sent undercover police officers to infiltrate and undermine hundreds of political campaigns and activist groups. This is the first academic analysis of the activists’ experiences and their attempts to find answers and accountability in the Undercover Policing Inquiry. Written from the perspective of the ‘policed’, the author draws on extensive fieldwork and his first-hand experience of police infiltration through his participation in climate campaigns.
Examines the recent rise in the United States' use of preventive force More so than in the past, the US is now embracing the logic of preventive force: using military force to counter potential threats around the globe before they have fully materialized. While popular with individuals who seek to avoid too many “boots on the ground,” preventive force is controversial because of its potential for unnecessary collateral damage. Who decides what threats are ‘imminent’? Is there an international legal basis to kill or harm individuals who have a connection to that threat? Do the benefits of preventive force justify the costs? And, perhaps most importantly, is the US setting a dangerous ...
Law's Wars is the first comprehensive account of efforts to resist and correct rule of law violations in the US 'war on terror'.
In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?
The book analyzes how the administrations of Ronald Reagan, George H.W. Bush, Bill Clinton, and George W. Bush used force in response to incidents of international terrorism - providing comparison between each of the administrations as they grappled with the evolving nature and role of terrorism in the United States and abroad.