Human Rights And Non Discrimination In The War On Terror
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Human Rights And Non Discrimination In The War On Terror
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Author : Daniel Moeckli
language : en
Publisher: OUP Oxford
Release Date : 2008-01-24
Human Rights And Non Discrimination In The War On Terror written by Daniel Moeckli and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Political Science categories.
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 - have approached 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. This 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 author evaluates 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 methods or 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-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Whose Liberty
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Author : Daniel Moeckli
language : en
Publisher:
Release Date : 2006
Whose Liberty written by Daniel Moeckli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Human rights categories.
Speaking Law To Power
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Author : Joan Fitzpatrick
language : en
Publisher:
Release Date : 2010
Speaking Law To Power written by Joan Fitzpatrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The human rights regime adopts a legalist approach to limit the harm the powerful may inflict on the vulnerable The attacks of September 11, 2001 and the ensuing 'war against terrorism' test the limits of the legalist approach. Human rights constrain state responses to terrorism more directly than they govern the conduct of terrorists. As a result, the international human rights regime is disadvantaged rhetorically and politically. While substantive human rights standards have not changed since September 11, six possible norm developments may occur: (1) alterations in norms governing the use of force may increase the perceived legitimacy of pre-emptive defensive action, for example with regard to targeted assassinations; (2) reconceptualization of counter-terrorism as a new species of international armed conflict may displace human rights law and international criminal law, and substitute new rules that are less detailed than those that apply to conventional armed conflicts; (3) derogation principles may be refined, especially in relation to the temporal element and the non-derogability of the prohibition on arbitrary detention and of fair trial rights; (4) an increase in the commission of extraterritorial human rights violations may spur the clarification of the scope of human rights treaties ratione loci; (5) the targeting of non-citizens, Muslims and Arabs may clarify non-discrimination norms; and (6) exclusion from refugee protection may expand. In institutional terms, the 'war against terrorism' has not yet had significant effects, but the following issues are notable: (1) integrating human rights into UN counter-terrorism initiatives; (2) the aggressive campaign by the United States Government against the International Criminal Court; (3) the tendency toward American exceptionalism; (4) leadership by Europe to preserve human rights principles in counter-terrorism; (5) increased polarization of UN human rights bodies around the Israeli-Palestinian crisis; (6) silencing of criticism of gross violators in exchange for counter-terrorist cooperation; and (7) marginalization of human rights treaty bodies as effective monitors of counter-terrorist policies.
Using Human Rights To Counter Terrorism
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Author : Manfred Nowak
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016
Using Human Rights To Counter Terrorism written by Manfred Nowak and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with POLITICAL SCIENCE categories.
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.
Equality And Non Discrimination In Armed Conflict
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Author : George Dvaladze
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Equality And Non Discrimination In Armed Conflict written by George Dvaladze and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Political Science categories.
In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. The book provides a general overview of the guarantees of equality and non-discrimination under both International Humanitarian Law (IHL) and human rights, demonstrating key principles and notions with illustrative examples from contemporary armed conflicts. This book will be a beneficial resource for legal audiences interested in international law, namely law of armed conflict or IHL, human rights, and non-discrimination.
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
International Law And New Wars written by Christine Chinkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with History categories.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
International Human Rights Law And Practice
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
International Human Rights Law And Practice written by Ilias Bantekas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Political Science categories.
Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.
National Security Public Health Exceptions To Human Rights
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Author : Myriam Feinberg
language : en
Publisher: Routledge
Release Date : 2017-10-02
National Security Public Health Exceptions To Human Rights written by Myriam Feinberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-02 with Law categories.
The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.
Counter Terrorism Strategies In A Fragmented International Legal Order
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Author : Larissa J. Herik
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-18
Counter Terrorism Strategies In A Fragmented International Legal Order written by Larissa J. Herik and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Terrorist Profiling And Law Enforcement
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Author : Noel McGuirk
language : en
Publisher: Routledge
Release Date : 2021-02-10
Terrorist Profiling And Law Enforcement written by Noel McGuirk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-10 with Law categories.
This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the ‘construction’ of profiles on the one hand, from their ‘application,’ on the other, so as to be able to identify and examine profiling’s usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.