Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Author: Ana Salinas de Frias

Publisher: Council of Europe

Published: 2013-04-01

Total Pages: 464

ISBN-13: 928717685X

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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.


Using Human Rights to Counter Terrorism

Using Human Rights to Counter Terrorism

Author: Manfred Nowak

Publisher: Edward Elgar Publishing

Published: 2018-03-30

Total Pages: 383

ISBN-13: 1784715271

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While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.


Counter-Terrorism, Human Rights and the Rule of Law

Counter-Terrorism, Human Rights and the Rule of Law

Author: Aniceto Masferrer

Publisher: Edward Elgar Publishing

Published: 2013-09-30

Total Pages: 354

ISBN-13: 178195447X

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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


Counter-Terrorism

Counter-Terrorism

Author: Ana María Salinas de Frías

Publisher: Oxford University Press

Published: 2012-01-19

Total Pages: 1229

ISBN-13: 019960892X

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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.


Human Rights Law and Counter Terrorism Strategies

Human Rights Law and Counter Terrorism Strategies

Author: Diane Webber

Publisher: Routledge

Published: 2022-06-17

Total Pages: 266

ISBN-13: 1000597938

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In 2006, the United Nations urged Member States to ensure that counter terrorism policies guaranteed respect for human rights and the rule of law. This book demonstrates that, in many cases, counter terrorism policies relating to preventive detention, targeted killing and measures relating to returning foreign terrorist fighters have failed to respect human rights, and this encourages vulnerable people to be drawn towards supporting or committing acts of terrorism. Furthermore, in recent years, jurisprudence and public opinion in some countries have shifted from being at one stage more protective of human rights, to an acquiescence that some particularly draconian counter terrorism methods are necessary and acceptable. This book analyzes why this has happened, with a focus on the United States, United Kingdom, and Israel, and offers suggestions to address this issue. The work will be essential reading for students, academics and policy-makers working in the areas of human rights, humanitarian law, and counter terrorism.


International Human Rights and Counter-Terrorism

International Human Rights and Counter-Terrorism

Author: Eran Shor

Publisher: Springer

Published: 2019-11-14

Total Pages: 0

ISBN-13: 9789811041808

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This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.


National Counter-Terrorism Strategies

National Counter-Terrorism Strategies

Author: R.W. Orttung

Publisher: IOS Press

Published: 2006-12-19

Total Pages: 224

ISBN-13: 1607502151

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National Counter-Terrorism Strategies provides an in-depth analyses of terrorism trends and responses in the US, UK, France, Turkey and Russia. The contributors are scholars and operational people from each of the countries. They contribute to the existing literature on terrorism by analyzing their countries’ response to the terror-organized crime nexus, coordination of state agencies fighting terrorism, and ability to manage trade-offs between protecting civil liberties and ensuring security. The book makes an important contribution by providing a comparative analysis of the various national responses to terrorism, showing where individual countries excel and lag behind. These analyses seek to provide the basis for improving the counter-terrorism approaches for each of the countries. The introductory chapters provide an analysis of current trends in terrorism today from a variety of different national perspectives. The different approaches and points of view allow the reader to gain a more nuanced understanding of terrorism and the current efforts to combat it.


Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror'

Author: Richard Wilson

Publisher: Cambridge University Press

Published: 2005-10-03

Total Pages: 376

ISBN-13: 9780521853194

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This book reviews the war on terror since 9/11 from a human rights perspective.


Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism

Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism

Author: Parker Thomas David

Publisher: World Scientific

Published: 2019-06-17

Total Pages: 924

ISBN-13: 1783266562

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For more than 150 years, Nationalist, Populist, Marxist and Islamist terrorists have all been remarkably consistent and explicit about their aims: Provoke the State into over-reacting to the threat they pose, then take advantage of the divisions in society that result. Faced with a major terrorist threat, States seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Avoiding the Terrorist Trap addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law is the only truly effective approach to defeating terrorism.