E-pub - Counter-terrorism and human rights in the case law of the European Court of Human Rights

E-pub - Counter-terrorism and human rights in the case law of the European Court of Human Rights
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Release: 2013
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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. Ana Salinas de Frias.

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
Author: Ana Salinas de Frias
Publisher: Council of Europe
Total Pages: 464
Release: 2013-04-01
Genre: Political Science
ISBN: 928717783X

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.

Terrorism and the Limitation of Rights

Terrorism and the Limitation of Rights
Author: Stefan Sottiaux
Publisher: Bloomsbury Publishing
Total Pages: 472
Release: 2008-02-29
Genre: Law
ISBN: 1847314112

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.

International Human Rights and Counter-Terrorism

International Human Rights and Counter-Terrorism
Author: Eran Shor
Publisher: Springer
Total Pages: 0
Release: 2019-11-14
Genre: Law
ISBN: 9789811041808

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, Human Rights and the Rule of Law

Counter-Terrorism, Human Rights and the Rule of Law
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
Total Pages: 354
Release: 2013-09-30
Genre: Political Science
ISBN: 178195447X

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 and the Detention of Suspected Terrorists

Counter-terrorism and the Detention of Suspected Terrorists
Author: Claire Macken
Publisher: Routledge
Total Pages: 233
Release: 2013-03
Genre: Law
ISBN: 1136741879

This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.

Counter-Terrorism and Human Rights

Counter-Terrorism and Human Rights
Author: David J. Whittaker
Publisher: Routledge
Total Pages: 204
Release: 2014-06-11
Genre: History
ISBN: 1317863488

The ever-present threat of terrorism and the growing human-rights backlash against anti-terrorist policies are becoming ever more significant on the international stage. Constant media-coverage and public concern have characterised the debate over the last ten years. This book is a fair and objective assessment of counter-terrorist policy and human rights worldwide, and covers a wide breadth of international material. While raising key questions for reader consideration, this book aims for straight-forward consideration, leaving polemic to the reader.

VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH

VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH
Author: Dr. Behnam Rastegari
Publisher: Lulu.com
Total Pages: 159
Release: 2014-07-08
Genre: Law
ISBN: 1312338903

This book examines the impact of counter-terrorism measures on specific elements of international human rights that are at the greatest risk of abuse in light of contemporary counter-terrorism measures, including the right to life; the right to free from torture and cruel, inhuman or degrading treatment or punishment; the right to a fair trial; the right to privacy; and the right to liberty and security. Besides, for enrichment of discussions a number of cases have reviewed.

Human Rights and the Fight Against Terrorism

Human Rights and the Fight Against Terrorism
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
Total Pages: 70
Release: 2005-01-01
Genre: Law
ISBN: 9287156948

Faced by the threat of international terrorism, there may be a temptation for governments to react with force to address the problem, and in doing so, to set aside the legal safeguards which exist in a democratic state. However, these guidelines are based on the belief that the need to respect human rights is not an obstacle to the adoption of effective measures to combat terrorism, and they aim to serve as a practical guide for anti-terrorist policies and legislation which reconcile both requirements. Issues dealt with include: the collection and processing of personal data, prohibition of torture, measures which interfere with privacy, arrest and police custody, pre-trial detention, legal proceedings, extradition and compensation of victims.

EU Counter-Terrorism Law

EU Counter-Terrorism Law
Author: Cian C Murphy
Publisher: Bloomsbury Publishing
Total Pages: 274
Release: 2012-06-08
Genre: Law
ISBN: 1847319599

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013