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Terrorism and Human Rights
Terrorism and human rights has been the subject of increased attention since the events of September 11th, 2001. Drawing on works that were originally published between 2002 and 2011, this authoritative collection covers a variety of topics, including detention and extraordinary rendition, targeted killings, freedom of expression, privacy and terrorist listings.
More Information
Contributors
Contents
More Information
Terrorism and human rights has been the subject of increased attention since the events of September 11th, 2001. Drawing on works that were originally published between 2002 and 2011, this authoritative collection covers a variety of topics, including detention and extraordinary rendition, targeted killings, freedom of expression, privacy and terrorist listings.
Along with an original introduction by the editor, this topical volume will be an invaluable source of reference for researchers, students, academics and practitioners interested in the field of terrorism and human rights.
Along with an original introduction by the editor, this topical volume will be an invaluable source of reference for researchers, students, academics and practitioners interested in the field of terrorism and human rights.
Contributors
22 articles, dating from 2002 to 2011
Contributors include: D. Banisar, I. Cameron, D. Cassel, H. Duffy, D. Kretzmer, D. Moeckli, E. Newman, M. Nowak, M. Sattertthwaite, C. Tomuschat
Contributors include: D. Banisar, I. Cameron, D. Cassel, H. Duffy, D. Kretzmer, D. Moeckli, E. Newman, M. Nowak, M. Sattertthwaite, C. Tomuschat
Contents
Contents:
Acknowledgements
Introduction Martin Scheinin
PART I GENERAL FRAMEWORK
1. Martin Scheinin and Mathias Vermeulen (2011), ‘Unilateral Exceptions to International Law: Systematic Legal Analysis and Critique of Doctrines that seek to Deny or Reduce the Applicability of Human Rights Norms in the Fight against Terrorism’
2. Yuval Shany (2011), ‘Human Rights and Humanitarian Law as Competing Legal Paradigms for Fighting Terror’
3. Helen Duffy (2008), ‘Human Rights Litigation and the “War on Terror’’’
4. Antonio Cassese (2006), ‘The Multifaceted Criminal Notion of Terrorism in International Law’
PART II TORTURE
5. Manfred Nowak (2006), ‘What Practices Constitute Torture?: US and UN Standards’
6. Jens David Ohlin (2010), ‘The Torture Lawyers’
PART III DETENTION AND EXTRAORDINARY RENDITION
7. Doug Cassel (2008), ‘International Human Rights Law and Security Detention’
8. Margaret L. Satterthwaite (2006), ‘Rendered Meaningless: Extraordinary Rendition and the Rule of Law’
PART IV TARGETED KILLINGS
9. David Kretzmer (2005), ‘Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence?’
10. Nils Melzer (2006), ‘Targeted Killing or Less Harmful Means? – Israel’s High Court Judgment on Targeted Killing and the Restrictive Function of Military Necessity’
PART V FREEDOM OF EXPRESSION
11. David Banisar (2008), Speaking of Terror: A Survey of the Effects of Counter-Terrorism Legislation on Freedom of the Media in Europe
12. Stefan Sottiaux (2009), ‘Leroy v. France: Apology of Terrorism and the Malaise of the European Court of Human Rights’ Free Speech Jurisprudence’
PART VI PROFILING
13. Daniel Moeckli (2006), ‘Terrorist Profiling and the Importance of a Proactive Approach to Human Rights Protection’
14. David Cole (2002), ‘Enemy Aliens’
PART VII PRIVACY
15. Emanuel Gross (2004), ‘The Struggle of a Democracy Against Terrorism-Protection of Human Rights: The Right to Privacy Versus the National Interest – the Proper Balance’
16. Ian Brown and Douwe Korff (2009), ‘Terrorism and the Proportionality of Internet Surveillance’
PART VIII TERRORIST LISTINGS
17. Martin Scheinin (2009), ‘Is the ECJ Ruling in Kadi Incompatible with International Law?’
18. Christian Tomuschat (2009), ‘The Kadi Case: What Relationship is there between the Universal Legal Order under the Auspices of the United Nations and the EU Legal Order?’
19. Iain Cameron (2003), ‘UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights’
PART IX ECONOMIC, SOCIAL AND CULTURAL RIGHTS, GENDER ASPECTS AND CAUSES OF TERRORISM
20. Edward Newman (2006), ‘Exploring the “Root Causes” of Terrorism’
21. Kara Beth Stein (2007), ‘Female Refugees: Re-Victimised by the Material Support to Terrorism Bar’
22. Center for Human Rights and Global Justice (2011), Extracts from A Decade Lost: Locating Gender in U.S. Counter-Terrorism
Acknowledgements
Introduction Martin Scheinin
PART I GENERAL FRAMEWORK
1. Martin Scheinin and Mathias Vermeulen (2011), ‘Unilateral Exceptions to International Law: Systematic Legal Analysis and Critique of Doctrines that seek to Deny or Reduce the Applicability of Human Rights Norms in the Fight against Terrorism’
2. Yuval Shany (2011), ‘Human Rights and Humanitarian Law as Competing Legal Paradigms for Fighting Terror’
3. Helen Duffy (2008), ‘Human Rights Litigation and the “War on Terror’’’
4. Antonio Cassese (2006), ‘The Multifaceted Criminal Notion of Terrorism in International Law’
PART II TORTURE
5. Manfred Nowak (2006), ‘What Practices Constitute Torture?: US and UN Standards’
6. Jens David Ohlin (2010), ‘The Torture Lawyers’
PART III DETENTION AND EXTRAORDINARY RENDITION
7. Doug Cassel (2008), ‘International Human Rights Law and Security Detention’
8. Margaret L. Satterthwaite (2006), ‘Rendered Meaningless: Extraordinary Rendition and the Rule of Law’
PART IV TARGETED KILLINGS
9. David Kretzmer (2005), ‘Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence?’
10. Nils Melzer (2006), ‘Targeted Killing or Less Harmful Means? – Israel’s High Court Judgment on Targeted Killing and the Restrictive Function of Military Necessity’
PART V FREEDOM OF EXPRESSION
11. David Banisar (2008), Speaking of Terror: A Survey of the Effects of Counter-Terrorism Legislation on Freedom of the Media in Europe
12. Stefan Sottiaux (2009), ‘Leroy v. France: Apology of Terrorism and the Malaise of the European Court of Human Rights’ Free Speech Jurisprudence’
PART VI PROFILING
13. Daniel Moeckli (2006), ‘Terrorist Profiling and the Importance of a Proactive Approach to Human Rights Protection’
14. David Cole (2002), ‘Enemy Aliens’
PART VII PRIVACY
15. Emanuel Gross (2004), ‘The Struggle of a Democracy Against Terrorism-Protection of Human Rights: The Right to Privacy Versus the National Interest – the Proper Balance’
16. Ian Brown and Douwe Korff (2009), ‘Terrorism and the Proportionality of Internet Surveillance’
PART VIII TERRORIST LISTINGS
17. Martin Scheinin (2009), ‘Is the ECJ Ruling in Kadi Incompatible with International Law?’
18. Christian Tomuschat (2009), ‘The Kadi Case: What Relationship is there between the Universal Legal Order under the Auspices of the United Nations and the EU Legal Order?’
19. Iain Cameron (2003), ‘UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights’
PART IX ECONOMIC, SOCIAL AND CULTURAL RIGHTS, GENDER ASPECTS AND CAUSES OF TERRORISM
20. Edward Newman (2006), ‘Exploring the “Root Causes” of Terrorism’
21. Kara Beth Stein (2007), ‘Female Refugees: Re-Victimised by the Material Support to Terrorism Bar’
22. Center for Human Rights and Global Justice (2011), Extracts from A Decade Lost: Locating Gender in U.S. Counter-Terrorism
