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Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights PDF Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464

Book Description
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.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights PDF Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464

Book Description
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.

Counter-Terrorism, Human Rights and the Rule of Law

Counter-Terrorism, Human Rights and the Rule of Law PDF Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Category : Political Science
Languages : en
Pages : 354

Book Description
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Counter-Terrorism

Counter-Terrorism PDF Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229

Book Description
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Using Human Rights to Counter Terrorism

Using Human Rights to Counter Terrorism PDF Author: Manfred Nowak
Publisher: Edward Elgar Publishing
ISBN: 1784715271
Category : Law
Languages : en
Pages : 383

Book Description
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.

International Human Rights and Counter-Terrorism

International Human Rights and Counter-Terrorism PDF Author: Eran Shor
Publisher: Springer
ISBN: 9789811041808
Category : Law
Languages : en
Pages : 0

Book Description
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.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Counter-Terrorism Strategies in a Fragmented International Legal Order PDF Author: Larissa J. Herik
Publisher: Cambridge University Press
ISBN: 1107025389
Category : Law
Languages : en
Pages : 799

Book Description
An exploration of the relationship between different branches of international law and their applicability to terrorism.

Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror' PDF Author: Richard Wilson
Publisher: Cambridge University Press
ISBN: 9780521853194
Category : Law
Languages : en
Pages : 376

Book Description
This book reviews the war on terror since 9/11 from a human rights perspective.

Human Rights in the Prevention and Punishment of Terrorism

Human Rights in the Prevention and Punishment of Terrorism PDF Author: Alex Conte
Publisher: Springer Science & Business Media
ISBN: 3642116086
Category : Law
Languages : en
Pages : 885

Book Description
The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Avoiding The Terrorist Trap: Why Respect For Human Rights Is The Key To Defeating Terrorism

Avoiding The Terrorist Trap: Why Respect For Human Rights Is The Key To Defeating Terrorism PDF Author: Thomas David Parker
Publisher: World Scientific
ISBN: 1783266562
Category : Political Science
Languages : en
Pages : 922

Book Description
'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 pose, then take advantage of the divisions in society that result. Yet, state after state falls into the trap that terrorists have set for them. Faced with a major terrorist threat, governments seem to reach instinctively for the most coercive tools at their disposal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding in the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Avoiding the Terrorist Trap addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and then demonstrates why a counter-terrorism strategy grounded in respect for human rights and the rule of law is the most effective approach to defeating terrorism.

Foreign Terrorist Fighters

Foreign Terrorist Fighters PDF Author: United Nations Office on Drugs and Crime
Publisher: UN
ISBN: 9789211303476
Category : Political Science
Languages : en
Pages : 0

Book Description
The manual seeks to provide guidance on international legal instruments against FTF activities and techniques for digital investigation and evidence collection, especially concerning global financial transactions and social media activity. While it is tailored for judicial training institutes in South-Eastern Europe, it can be utilized in any jurisdiction seeking resources to address the FTF threat.