Overview

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, and international 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 and security 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-regional judicial 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.

Full Product Details

Author:   Ana María Salinas de Frías (, Professor of Public International Law, Universidad de Málaga) ,  Katja Samuel (, Barrister) ,  Nigel White (, Professor of Public International Law, University of Nottingham)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 5.70cm , Length: 24.90cm
Weight:   1.696kg
ISBN:  

9780199608928

ISBN 10:   019960892
Pages:   1230
Publication Date:   19 January 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Foreword: Mary Robinson Introduction 1: Katja L H Samuel and Nigel D White: Introduction Part I: Counter-Terrorism And The Rule Of Law Framework 2: Katja L H Samuel: The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Policy Created? 3: Nigel D White: The United Nations and Counter-Terrorism: Multilateral and Executive Law-Making 4: Allan Rosas: Counter-Terrorism and the Rule of Law: Issues of Judicial Control 5: Ana María Salinas de Frías: States' Obligations under International Refugee Law and Counter-Terrorism Responses 6: Ben Saul: Criminality and Terrorism 7: Jelena Pejic: Armed Conflict and Terrorism: There is a (Big) Difference 8: César Landa: Executive Power and the Use of the State of Emergency 9: Tassaduq Hussein Jillani: Impunity and the Emerging Patterns of International Justice 10: Colm Campbell: Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy Part II: Multi-Disciplinary Perspectives On The Rule Of Law In Action 11: Hans Corell: The Role of the Lawyer in Shaping Responses to the Security Imperative 12: Fernando Perpiñá-Robert: Counter-Terrorism Policy-Making from the Perspective of a Diplomat 13: Keith Weston: Counter-Terrorism Policing and the Rule of Law: The Best of Friends 14: Gerald Staberock: Intelligence and Counter-Terrorism: Towards a Human Rights and Accountability Framework? 15: Thomas R Mockaitis, Charles Tucker Jr, and Augustus Invictus: The Military and the Role of Law in Counter-Terrorism 16: Kimberly Prost: Fair Process and the Security Council: A Case for the Office of the Ombudsperson Part III: Counter-Terrorism In Practice 17: David Turns: Classification, Administration, and Treatment of Battlefield Detainees 18: Nigel S Rodley: Detention as a Response to Terrorism 19: Silvia Casale: Treatment in Detention 20: Richard Pregent: Torture, Interrogation, Counter-Terrorism, and the Rule of Law 21: Helen Duffy and Steve Kostas: 'Extraordinary Rendition': a Challenge for the Rule of Law 22: Cornelis (Kees) Wouters: Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances 23: Daniel Moeckli: Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination 24: David Kretzmer: Use of Lethal Force against Suspected Terrorists Part IV: Judicial Responses 25: Chris Kannady, Peter Masciola, and Michel Paradis: The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions 26: Claudia Martin: The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice 27: Nuala Mole: Restricted Immigration Procedures in National Security Cases and the Rule of Law: an Uncomfortable Relationship 28: Egbert Myjer: Human Rights and the Fight against Terrorism: Some Comments on the Case Law of the European Court of Human Rights 29: Sergio García Ramírez: The Inter-American Court of Human Rights' Perspective on Terrorism 30: Christina Cerna: The Role and Legal Framework of the Inter-American Commission on Human Rights in Securing Justice for Victims 31: Ibrahima Kane: Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa 32: Rod Rastan and Olympia Bekou: Terrorism and Counter-Terrorist Responses: The Role of International Criminal Jurisdictions 33: Ilaria Bottigliero: Realizing the Right to Redress for Victims of Terrorist Attacks Part V: Non-Judicial Responses 34: Jarmo Oikarinen: Parliamentary Oversight of Counter-Terrorism Policies 35: Michèle Coninsx: Strengthening Interstate Cooperation: The Eurojust Experience 36: Martin A Ewi and Anton du Plessis: Criminal Justice Responses to Terrorism in Africa: The Role of the African Union and Sub-Regional Organizations 37: Nicole El Khoury: Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience Conclusion 38: Conclusion Bibliography Index

Reviews

A valuable comprehensive reference resource that brings together leading experts on the spectrum of legal issues involved in formulating and applying counter-terrorism policies domestically and internationally. Joshua Sinai, Perspectives on Terrorism

Author Information

Professor Nigel White is Professor of Public International Law, Nottingham University, UK, and is a leading expert in security and armed conflict, international institutional, peacekeeping, and arms control law. He has authored and edited a significant number of publications on these issues, most recently Democracy Goes to War: British Military Deployment under International Law (OUP, 2009); is the co-editor in chief of the Journal of Conflict and Security Law; and is the editor of the UK module of the International Law in the Domestic Courts database for the UK. Dr Katja Samuel is a barrister specializing in security and armed conflict, international human rights and criminal law. With military, practitioner, civil society , and academic experience, she focuses in particular on counter-terrorism matters; most recently co-edited Counter-Terrorism and International Law (Ashgate, 2011) with Nigel White; is currently authoring a monograph on The OIC, the UN and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders (Hart, 2012); and co-directs the current Rule of Law and Counter-Terrorism project together with Nigel White at Nottingham University, under the umbrella of a multinational, multidisciplinary initiative to strengthen the rule of law worldwide called the World Justice Project. Professor Ana María Salinas de Frías, Professor of Public International Law at Malága University, Spain has recently completed a two year secondment as Legal Advisor to the Directorate General of Legal Advice and Public International Law at the Council of Europe, including on anti-terrorism matters. She specializes in, and has published extensively on, human rights, European Community, and immigration matters.

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