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Also Recommended
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Print Edition
Rüdiger Wolfrum
10 volume set
£1,995.00
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Counter-Terrorism
International Law and Practice
Edited by Ana María Salinas de Frías, Katja Samuel, and Nigel White
1,232 pages
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246x171mm
978-0-19-960892-8
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Hardback
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19 January 2012
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- Comprehensive analysis of the rule of law framework applicable to counter-terrorism responses (international human rights, humanitarian, criminal, and refugee/asylum law), including its strengths, lacunae, pressure points, and interrelationship between its legal principles
- Examines the tensions between the security imperative and complying with the rule of law that underpin governmental and institutional policies and practices
- Truly multinational, multidisciplinary coverage drawing upon global expertise from those with legal practitioner, judicial, policy-making, military, policing, civil society, academic and institutional experience
- Makes many recommendations and identifies examples of best practice aimed at strengthening the current rule of law framework
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.Readership: Of global relevance to legal and non-legal national and institutional policy-makers and practitioners engaged in counter-terrorism responses, academics and students
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Edited by Ana María Salinas de Frías, Professor of Public International Law, Universidad de Málaga, Katja Samuel, Barrister, and Nigel White, Professor of Public International Law, University of Nottingham 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. Contributors:
Other Contributors
Olympia Bekou (Greece) - Associate Professor, and Head of the International Criminal Justice Unit of the Human Rights Law Centre, School of Law, Nottingham University
Ilaria Bottigliero
(Italy)- Senior Researcher, International Development Law Organization, - Rome
Colm Campbell (Northern Ireland) - Director of the Transitional Justice Institute, - Ulster University
Silvia Casale (UK) - adviser to Council of Europe>'s National Preventive Mechanism against Torture (formerly President of the CPT and UNSPT monitoring teams)
Christina M Cerna (USA/Nicaragua) - Principal Human Rights Specialist, Inter-American Commission on Human Rights
Michèle Coninsx (Belgium) - Vice President, Eurojust and Chair of its Counter-Terrorism Team
Hans Corell (Sweden) - formerly Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations; - currently Chairman of the Board of Trustees of the Raoul Wallenberg
Institute of Human Rights and Humanitarian Law, Lund University, - Sweden
Helen Duffy (UK) - Litigation Director, Interights
Martin Ewi (Cameroon) - Senior Researcher, Institute for Security Studies, Pretoria
Sergio García Ramírez (Mexico) - former President of the Inter-American Court of Human Rights-; now Professor at the Universidad Autónoma of Mexico
Augustus Invictus (USA) - Fellow, International Human Rights Law Institute, De Paul's University
Tassaduq Hussein Jillani (Pakistan) - Justice of the Supreme Court of Pakistan (suspended when martial law was declared in 2007, and subsequently reinstated in 2009 following the restoration of democracy)
Ibrahima Kane (Senegal) - head of the African Union Advocacy
Programme, Open Society Initiative for East Africa
Chris Kannady (USA)- judge advocate, US Marine Corps; (including defence of Guantanamo Bay detainees)
Nicole el Khoury (Lebanon) - terrorism prevention expert, UN Office on Drugs and Crime (Terrorism Prevention Branch), Vienna
Steve Kostas (USA) - lawyer on Security and Rule of Law program, Interights
David Kretzmer (Israel) - Professor Emeritus of International Law, Hebrew University, - Jerusalem
César Landa (Peru) - recent President of the Constitutional Court of Peru; former Deputy Minister of Justice and ad hoc Judge to the Inter-American Court of Human Rights; currently Professor of Constitutional Law, Pontificia Universidad Catolica, Lima
Claudia Martin
(Argentina/USA) - Co-Director, Academy on Human Rights and Humanitarian Law, and Professorial Lecturer, American University Washington College of Law
Peter Masciola (USA) - judge advocate, US Air Force-Air National Guard reserves; recently Chief Defense Counsel, Office of Military Commissions, Guantanamo Bay
Thomas R Mockaitis (USA) - Professor of History, DePaul University Daniel Moeckli (Switzerland) - Oberassistent in Public Law, Zurich University
Nuala Mole (UK) - Director, AIRE Centre
Egbert Myjer (The Netherlands) - judge, European Court of Human Rights
Jarmo Oikarinen (Finland) - policy analyst, Policy Department for EU external relations, EU Parliament
Michel Paradis (USA) - adjunct professor, Georgetown
University Law School; - defense counsel, US Department of Defense, Office of Military Commissions
Jelena Pejic (Serbia) - Legal Adviser, International Committee of the Red Cross
Fernando Perpiñá-Robert (Spain)- Spanish diplomat; recent Secretary-General, Club of Madrid (membership of 75 former heads of state from over 50 democratic countries)
Anton du Plessis (South Africa) - head of the International Crime in Africa Programme, Institute for Security Studies, Pretoria
Richard Pregent (USA)- judge advocate, US Army (including recent Chief of the International and Operational Law Division, US Army's Office of The Judge Advocate General)
Kim Prost (Canada) - Ombudsperson the Security Council Al Qaida/Taliban Sanctions
Committee
Rod Rastan (UK/Iran) - Legal Adviser, Office of the Prosecutor, International Criminal Court
Nigel Rodley (UK) - Professor of Law and Chair of the Human Rights Centre, Essex University of Essex; Vice-Chair of the UN Human Rights Committee
Allan Rosas (Finland) - judge, Court of Justice of the European Union
Ben Saul (Australia) - Co-Director, Sydney Centre for International Law, University of Sydney
Gerald Staberock (Germany) - Deputy Secretary General of the World Organisation Against Torture (OMCT), Geneva
Charles Tucker- Jr (USA) - international human rights, governance and rule of law practitioner, including formerly with the US Army and De Paul's University
David Turns (UK)- Senior Lecturer
in International Laws of Armed Conflict, Defence Academy of the UK (Cranfield University)
Kees Wouters (The Netherlands) - senior refugee law advisor, Division of International Protection, UN High Commissioner for Refugees
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"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
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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