Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach
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Terrorism And The Limitation Of Rights
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Author : Stefan Sottiaux
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-02-29
Terrorism And The Limitation Of Rights written by Stefan Sottiaux and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-29 with Law categories.
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
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.
Terrorism Security And Human Rights
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Author : Mahmood Monshipouri
language : en
Publisher:
Release Date : 2012
Terrorism Security And Human Rights written by Mahmood Monshipouri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Human rights categories.
"Scholars and policymakers disagree on the most effective way to counter transnational terrorism, generating debate on a range of questions: Do military interventions increase or decrease the recruitment capability of transnational terrorists? Should we privilege diplomacy over military force in the campaign against terror? Can counterterrorist measures be applied without violating human rights? More fundamentally, is it possible to effectively wage a war against terrorism? Grappling with these questions, Mahmood Monshipouri reviews alternative strategies for combating terrorism and makes the case for the continued relevance of international law and diplomacy as measures for severing its roots in the Middle East and elsewhere. Monshipouri underlines the need to redefine security to include the protection of human rights. In that context, he examines the limits of the use of force, torture, and externally imposed democratization and focuses on the conditions under which alternative counterterrorism tools can be viable. While acknowledging that there is no easy remedy to the tensions between security needs and human rights, he makes a compelling argument that the pursuit of a security template that sacrifices civil liberties is not only morally debilitating, but also politically imprudent"--Provided by publisher.
Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach
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Author : Dr. Behnam Rastegari
language : en
Publisher: Lulu.com
Release Date :
Violation Of Fundamental Liberties In Counter Terrorism Measures A Human Rights Approach written by Dr. Behnam Rastegari and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Right To Liberty And Security Versus Counter Terrorism Under International Law
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Author : Shimels Sisay Belete
language : en
Publisher: PubliQation
Release Date : 2018-11-14
The Right To Liberty And Security Versus Counter Terrorism Under International Law written by Shimels Sisay Belete and has been published by PubliQation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-14 with Law categories.
Particularly in the aftermath of the 9/11 terrorist attack, the threat of terrorism, however, defined, has been invoked as a common ‘justification’ in the pursuit of remodelling policies, laws, and institutions, both at the international and in the domestic politico-legal showground. The broader central theme that this book explores is the normative vibe under which the present-day counterterrorism discourse is construed and sculpted in the legislative and institutional structures of an authoritarian state where the political power and government institutions are functioning under a single-party-monopolised system. Presenting the Ethiopian legislative and institutional frameworks as a case study, the book critically reflects on the extent that the international legal and/or institutional counterterrorism response is sensitised in a manner lessening the risk of conflating authoritarian regime’s unbearable reactions to citizens’ legitimate demands and resistances against its repression vis-àvis that of its response to the common threat of international terrorism. In particular, the book ponders whether or not the range of the substantive and procedural aspects of the Ethiopian antiterrorism legislative and institutional frameworks are wrought to fit into the main objectives and standards that emanate from the pertinent international laws relating to terrorism and the international human rights law as well as the domestic constitutional law maxims.
Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights
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Author : Collectif
language : en
Publisher: Conseil de l'Europe
Release Date : 2013-04-01
Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights written by Collectif and has been published by Conseil de l'Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-01 with Law categories.
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Security And Human Rights
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Author : Benjamin J Goold
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Security And Human Rights written by Benjamin J Goold and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
Counter Terrorism Measures Human Rights Violations
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Author : Behnam Rastegari
language : en
Publisher:
Release Date : 2020
Counter Terrorism Measures Human Rights Violations written by Behnam Rastegari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
International Human Rights And Counter Terrorism
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Author : Eran Shor
language : en
Publisher: Springer
Release Date : 2019-11-14
International Human Rights And Counter Terrorism written by Eran Shor and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.
This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.
Document Of The Copenhagen Meeting Of The Conference On The Human Dimension Of The Csce
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Author : United States. Congress. Commission on Security and Cooperation in Europe
language : en
Publisher:
Release Date : 1990
Document Of The Copenhagen Meeting Of The Conference On The Human Dimension Of The Csce written by United States. Congress. Commission on Security and Cooperation in Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with CSCE Meeting on the Human Dimension categories.