Uks Legal Responses To Terrorism
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Author | : Simon Hale-Ross |
Publisher | : Routledge |
Total Pages | : 160 |
Release | : 2018-07-06 |
Genre | : Political Science |
ISBN | : 135111896X |
This book examines the UK’s response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of ‘darknet’; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards. The author creates a ‘digital rights criterion’ from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security. The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.
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
Author | : Victor V. Ramraj |
Publisher | : Cambridge University Press |
Total Pages | : 703 |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139505246 |
Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.
Author | : Yonah Alexander |
Publisher | : Routledge |
Total Pages | : 808 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 113533580X |
This is the first book to combine, in one volume, the UK's cases and materials on combating terrorism.
Author | : Ana Salinas de Frias |
Publisher | : Council of Europe |
Total Pages | : 464 |
Release | : 2013-04-01 |
Genre | : Political Science |
ISBN | : 928717685X |
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.
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 839 |
Release | : 2015-07-23 |
Genre | : Law |
ISBN | : 1107057078 |
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author | : |
Publisher | : United Nations Publications |
Total Pages | : 136 |
Release | : 2010 |
Genre | : |
ISBN | : 9789211562828 |
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Author | : Andrew Lynch |
Publisher | : Routledge |
Total Pages | : 550 |
Release | : 2010-06-10 |
Genre | : Law |
ISBN | : 1136958541 |
This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
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.
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 493 |
Release | : 2011-08-15 |
Genre | : Law |
ISBN | : 1139501380 |
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.