OXFORD UNIVERSITY PRESS

Counter-terrorism: International Law and Practice

ISBN : 9780199608928

参考価格(税込): 
¥45,650
著者: 
Ana Maria Salinas De Frias; Katja Samuel; Nigel White
関連カテゴリー
ページ
1232 ページ
フォーマット
Hardcover
サイズ
176 x 249 mm
刊行日
2012年01月
メール送信
印刷

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.

目次: 

FOREWORD: MARY ROBINSON
INTRODUCTION
1. Introduction
PART I: COUNTER-TERRORISM AND THE RULE OF LAW FRAMEWORK
2. The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Policy Created?
3. The United Nations and Counter-Terrorism: Multilateral and Executive Law-Making
4. Counter-Terrorism and the Rule of Law: Issues of Judicial Control
5. States' Obligations under International Refugee Law and Counter-Terrorism Responses
6. Criminality and Terrorism
7. Armed Conflict and Terrorism: There is a (Big) Difference
8. Executive Power and the Use of the State of Emergency
9. Impunity and the Emerging Patterns of International Justice
10. Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy
PART II: MULTI-DISCIPLINARY PERSPECTIVES ON THE RULE OF LAW IN ACTION
11. The Role of the Lawyer in Shaping Responses to the Security Imperative
12. Counter-Terrorism Policy-Making from the Perspective of a Diplomat
13. Counter-Terrorism Policing and the Rule of Law: The Best of Friends
14. Intelligence and Counter-Terrorism: Towards a Human Rights and Accountability Framework?
15. The Military and the Role of Law in Counter-Terrorism
16. Fair Process and the Security Council: A Case for the Office of the Ombudsperson
PART III: COUNTER-TERRORISM IN PRACTICE
17. Classification, Administration, and Treatment of Battlefield Detainees
18. Detention as a Response to Terrorism
19. Treatment in Detention
20. Torture, Interrogation, Counter-Terrorism, and the Rule of Law
21. 'Extraordinary Rendition': a Challenge for the Rule of Law
22. Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances
23. Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination
24. Use of Lethal Force against Suspected Terrorists
PART IV: JUDICIAL RESPONSES
25. The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions
26. The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice
27. Restricted Immigration Procedures in National Security Cases and the Rule of Law: an Uncomfortable Relationship
28. Human Rights and the Fight against Terrorism: Some Comments on the Case Law of the European Court of Human Rights
29. The Inter-American Court of Human Rights' Perspective on Terrorism
30. The Role and Legal Framework of the Inter-American Commission on Human Rights in Securing Justice for Victims
31. Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa
32. Terrorism and Counter-Terrorist Responses: The Role of International Criminal Jurisdictions
33. Realizing the Right to Redress for Victims of Terrorist Attacks
PART V: NON-JUDICIAL RESPONSES
34. Parliamentary Oversight of Counter-Terrorism Policies
35. Strengthening Interstate Cooperation: The Eurojust Experience
36. Criminal Justice Responses to Terrorism in Africa: The Role of the African Union and Sub-Regional Organizations
37. Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience
CONCLUSION
38. Conclusion
Bibliography
Index

著者について: 

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 Maria Salinas de Frias, Professor of Public International Law at Malaga 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.

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