Counter-Terrorism: International Law And Practice

Description:
The response of governments to terrorism is one of the most controversial issues of the twenty-first century. Balancing the desire to achieve security with the safeguarding of human rights has proved to be highly contentious. This book analyzes the international rule of law framework in which counter-terrorism responses occur, namely those of international human rights, humanitarian, criminal, and refugee law. It focuses on some of the most pressing, emerging and/or under-researched issues and tensions, including: the policy choices associated with meeting security imperatives; the tensions between the criminal justice approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. It addresses a wide range of issues, such as: an analysis of key legal principles; emergency and executive measures; radicalization; governmental impunity; classification, administration and treatment of battlefield detainees; extrajudicial and targeted killings; forms of, and treatment in, detention; non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; reparations for victims of terrorist attacks and security responses; (mis)use of military and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; significance of rule of law principles to non-legal counter-terrorist policy; and the identification and analysis of best practices. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy and academic expertise, this book is an unmissable reference work on all aspects of counter-terrorism policy.

Table of Contents:
COUNTER-TERRORISM AND THE RULE OF LAW FRAMEWORK; Introduction; The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Political?; Terrorism, Security, and International Law; Counter-Terrorism and the Rule of Law: Issues of Judicial Control; Counter-Terrorism Responses and Obligations under Asylum and Refugee Law; Criminality and Terrorism; Armed Conflict and Terrorism: There is a (Big) Difference; Executive Power and the Use of the State of Emergency; Impunity and the Emerging Patterns of International Justice; Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy; PERSPECTIVES ON THE RULE OF LAW IN ACTION; The Role of the Lawyer in Shaping Responses to the Security Imperative; Counter-Terrorism Policy-Making from the Perspective of a Diplomat; Counter-Terrorism Policing and the Rule of Law: The Best of Friends; Ten Years On: Intelligence Accountability and Counter-Terrorism; The Military and the Role of Law in Counter-Terrorism; Fair Process and the Security Council: A Case for the Office of the Ombudsperson; COUNTER-TERRORISM IN PRACTICE; Classification, Administration, and Treatment of Battlefield Detainees; Treatment in Detention; Detention as a Response to Terrorism; Torture, Interrogation, Counter-Terrorism, and the Rule of Law; Extraordinary Rendition; Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances; Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination; Use of Lethal Force against Suspected Terrorists; JUDICIAL RESPONSES; The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions; The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice; The Inter-American Court of Human Rights' Perspective on Terrorism; Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa; International Courts and Tribunals; NON-JUDICIAL RESPONSES; Realizing the Right to Redress for Victims of Terrorist Attacks; Parliamentary Oversight of Counter-Terrorism Policies; Strengthening Interstate Cooperation: The Eurojust Experience; Criminal Justice Responses to Terrorism in Africa: The role of the African Union and Sub-Regional Organizations; Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience; Conclusion