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.
General
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