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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
The rule of law is becoming a victim of the struggle against terrorism.
Scholars and policymakers disagree on the most effective way to counter transnational terrorism, generating debate on a range of questions: Do military interventions increase or decrease the recruitment capability of transnational terrorists? Should we privilege diplomacy over military force in the campaign against terror? Can counterterrorist measures be applied without violating human rights? More fundamentally, is it possible to effectively wage a war against terrorism? Grappling with these questions, Mahmood Monshipouri reviews alternative strategies for combating terrorism and makes the case for the continued relevance of international law and diplomacy as measures for severing its roots in the Middle East and elsewhere. Monshipouri underlines the need to redefine security to include the protection of human rights. In that context, he examines the limits of the use of force, torture, and externally imposed democratization and focuses on the conditions under which alternative counterterrorism tools can be viable. While acknowledging that there is no easy remedy to the tensions between security needs and human rights, he makes a compelling argument that the pursuit of a security template that sacrifices civil liberties is not only morally debilitating, but also politically imprudent.
This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the "war on terror†? before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Since the events of September 11, 2001, the world has entered into a period fraught with uncertainty and yet there shines a renewed hope to enlarge the peace and advance human rights. The central hope of the War on Terror rests in the great promise of a world more fully based on governments who adhere to human rights and democratic values. It offers a chance to advance human rights and democracy in areas of the world heretofore untouched. America's strongest weapon in the War on Terror does not rest with our military might or police functions. America's strongest weapon is our uncompromising commitment to the freedoms and civil liberties embodied in our Constitution and reflected in the U.N. Charter. The United States of American can only be successful if we follow a rule of law roote in human rights and democratic principles.Terrorism, like crime, can never be completely eradicated. At the time the first edition was published we were just entering our War on Terror. Although it was realized at the time that legal and policy challenges would exist, no one could have predicted exactly what events would take place. We have made progress in finding and arresting terrorists,including some of the top leaders of al-Qaeda, however our fight is not over. In the last few years our war on terror has lead us into Afghanistan and Iraq, Saddam Hussein has been captured, and a new Iraqi government has been established.The second edition of Winning the War on Terror, has been updated to include some of our nations biggest changes in fighting the war. This book highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism. It includes new chapters on the Iraqi war, the Iraqi democracy, the Supreme court decisions on detainees, the interrogation techniques of the US and cyber terrorism.TOPICS INCLUDE What is terrorism? The War on Terror Expanding the War on Terror Civil liberties and the War on Terror Necessity for laws of war Avoiding terrorism Leading the wayPax Americana or the rule of law? The role of the military and Army Special Forces in promoting human rights America must stay the course
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.

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