| Description |
1 online resource |
| Series |
Oxford Scholarly Authorities on International Law - TRIAL (20 Oct 2020) |
| Contents |
The Rule of Law framework and its lacunae -- normative, interpretative, and/or policy created / Katja Samuel -- United Nations and counter-terrorism -- multilateral and executive law-making / Nigel D. White -- Counter-terrorism and the Rule of Law -- issues of judicial control / Allan Rosas -- States' obligations under international refugee law -- issues of judicial control / Ana-Maria Salinas de Frias -- Criminality and terrorism / Ben Saul -- Armed conflict and terrorism -- there is a (big) difference / Jelena Pejic -- Executive power and the use of the state of emergency / Cesar Landa Arroyo -- Impunity and the emerging patterns of international justice / Tassaduq Hussein Jillani -- Beyond radicalization -- towards an integrated anti-violence rule of law strategy / Colm Campbell -- The Role of the lawyer in shaping responses to the security imperative / Hans Corell -- Counter-terrorism policy-making from the perspective of a diplomat / Fernando Perpina-Robert -- Counter-terrorism policing and the rule of law -- the best of friends / Keith Weston -- Intelligence and counter-terrorism -- towards a human rights and accountability framework / Gerald Staberock -- The Military and the role of law in counter-terrorism / Thomas R Mockaitis, Charles Tucker Jr., and Augustus Invictus -- Fair process and the Security Council -- a case for the Office of the Ombudsperson / Kimberly Prost -- Classification, administration, and treatment of battlefield detainees / David Turns -- Detention as a response to terrorism / Nigel S. Rodley -- Treatment in detention / Silvia Casale -- Torture, interrogation, counter-terrorism, and the Rule of Law / Richard Pregent -- Extraordinary rendition / Helen Duffy and Stephen A. Kostas -- Reconciling national security and non-refoulement -- exceptions, exclusion, and diplomatic assurances / Cornelis (Kees) Wouters -- Anti-terrorism laws, terrorist profiling, and the right to non-discrimination / Daniel Moeckli -- Use of lethal force against suspected terrorists / David Kretzmer -- The "push-pull" of the law of war -- the Rule of Law and military commissions / Chris Kannady, Peter Masciola, and Michel Paradis -- The role of military courts in a counter-terrorism framework -- trends in international human rights jurisprudence and practice / Claudia Martin -- Restricted immigration procedures in national security cases and the rule of law -- an uncomfortable relationship / Nuala Mole -- Human rights and the fight against terrorism -- some comments on the case law and the European Court of Human Rights / Egbert Myjer -- The Inter-American Court of Human Rights' perspective on terrorism / Sergio Garcia Ramirez -- The role and legal framework of the Inter-American Commission on Human Rights in securing justice for victims / Christina M. Cerna -- Reconciling the protection of human rights and the fight against terrorism in Africa / Ibrahima Kane -- Terrorism and counter-terroist responses -- the role of international criminal jurisdictions / Rod Rastan and Olympia Bekou -- Realizing the right to redress for victims of terrorist attacks / Ilaria Bottigliero -- Parliamentary oversight of counter-terrorism policies / Jarmo Oikarinen -- Strengthening interstate cooperation -- the Eurojust experience / Michele Coninsx -- Criminal justice responses to terrorism in Africa -- the role of the African Union and Sub-Regional Organizations / Anton du Plessis and Martin Ewi -- Implementing human rights and rule of law aspects of the UN Global Counter-Terrorism Strategy -- the UNODC/TPB experience / Nicole el-Khoury |
| Summary |
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, andinternational levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks andsecurity responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regionaljudicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making |
| Bibliography |
Includes bibliographical references and index |
| Notes |
English |
|
Print version record |
| Subject |
Terrorism (International law)
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Terrorism -- Prevention -- International cooperation
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Terrorism -- Prevention -- Law and legislation.
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Terrorism
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terrorism.
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LAW -- Criminal Law -- General.
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Terrorism (International law)
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Terrorism -- Prevention -- International cooperation
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Terrorism -- Prevention -- Law and legislation
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| Form |
Electronic book
|
| Author |
Samuel, Katja.
|
|
White, Nigel D., 1961-
|
| LC no. |
2011939970 |
| ISBN |
9780191627804 |
|
0191627801 |
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9780191773525 |
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0191773522 |
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9786613887863 |
|
6613887862 |
|
1283575418 |
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9781283575416 |
|
