Extraordinary Rendition

Extraordinary Rendition
Author: Elspeth Guild
Publisher: Routledge
Total Pages: 370
Release: 2018-04-17
Genre: Political Science
ISBN: 1351172867

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

The ‘War on Terror' and the Framework of International Law

The ‘War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 1071
Release: 2015-04-09
Genre: Law
ISBN: 1107014506

This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.

Counter-Terrorism

Counter-Terrorism
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
Total Pages: 1229
Release: 2012-01-19
Genre: Law
ISBN: 019960892X

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.

The SAGE Handbook of Punishment and Society

The SAGE Handbook of Punishment and Society
Author: Jonathan Simon
Publisher: SAGE
Total Pages: 522
Release: 2012-09-18
Genre: Social Science
ISBN: 1473971381

The project of interpreting contemporary forms of punishment means exploring the social, political, economic, and historical conditions in the society in which those forms arise. The SAGE Handbook of Punishment and Society draws together this disparate and expansive field of punishment and society into one compelling new volume. Headed by two of the leading scholars in the field, Jonathan Simon and Richard Sparks have crafted a comprehensive and definitive resource that illuminates some of the key themes in this complex area - from historical and prospective issues to penal trends and related contributions through theory, literature and philosophy. Incorporating a stellar and international line-up of contributors the book addresses issues such as: capital punishment, the civilising process, gender, diversity, inequality, power, human rights and neoliberalism. This engaging, vibrantly written collection will be captivating reading for academics and researchers in criminology, penology, criminal justice, sociology, cultural studies, philosophy and politics.

The 'War on Terror' and the Framework of International Law

The 'War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 542
Release: 2005-07-28
Genre: History
ISBN: 0521838509

The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.

Terror Detentions and the Rule of Law

Terror Detentions and the Rule of Law
Author: Robert Hall Wagstaff
Publisher:
Total Pages: 401
Release: 2014
Genre: Law
ISBN: 0199301557

After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.

Accountability for Human Rights Atrocities in International Law

Accountability for Human Rights Atrocities in International Law
Author: Steven R. Ratner
Publisher: OUP Oxford
Total Pages: 534
Release: 2009-01-29
Genre: Political Science
ISBN: 0191563064

This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

The Harbinger Theory

The Harbinger Theory
Author: Robert Diab
Publisher: Oxford University Press, USA
Total Pages: 292
Release: 2015
Genre: Law
ISBN: 0190243228

The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority.

US Counterterrorism and the Human Rights of Foreigners Abroad

US Counterterrorism and the Human Rights of Foreigners Abroad
Author: Monika Heupel
Publisher: Routledge
Total Pages: 252
Release: 2022-02-23
Genre: Political Science
ISBN: 1000565904

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.