BEYOND HUMAN RIGHTS AND THE WAR ON TERROR.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2018 |
| Genre | : |
| ISBN | : 9781138498075 |
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Human Rights in the 'War on Terror'
| Author | : Richard Ashby Wilson |
| Publisher | : Cambridge University Press |
| Total Pages | : 376 |
| Release | : 2005-10-03 |
| Genre | : Political Science |
| ISBN | : 9781139446822 |
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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.
Beyond Human Rights and the War on Terror
| Author | : Satvinder S. Juss |
| Publisher | : Routledge |
| Total Pages | : 256 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1351006045 |
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This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.
Human Rights and America's War on Terror
| Author | : Satvinder Singh Juss |
| Publisher | : |
| Total Pages | : 238 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 9781351005661 |
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This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the 'war on terror' and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Human Rights and Non-discrimination in the 'War on Terror'
| Author | : Daniel Moeckli |
| Publisher | : OUP Oxford |
| Total Pages | : 304 |
| Release | : 2008-01-24 |
| Genre | : Political Science |
| ISBN | : 0191553654 |
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In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Fresh Perspectives on the 'War on Terror'
| Author | : Miriam Gani |
| Publisher | : ANU E Press |
| Total Pages | : 440 |
| Release | : 2008-07-01 |
| Genre | : Social Science |
| ISBN | : 1921313749 |
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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
Interrogating the War on Terror
| Author | : Deborah Staines |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 270 |
| Release | : 2021-04-16 |
| Genre | : Political Science |
| ISBN | : 1527568423 |
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Interrogating the War on Terror presents a critique of contemporary war culture and politics, introducing a range of political, philosophical, legal, artistic and social perspectives on a devastating war. Bringing together contributors from the United States, UK and Australia—implicitly dissenting from within the Coalition of the Willing—this volume explores the discourses and cultural effects of the current “war on terror”. Is the so-called war on terror justified? Seeking an ethical engagement with the problems and paradoxes of this global conflict, the authors situate the historical and legal meanings of terror and terrorism alongside the exploitation of such terms by the Bush Administration and other governments in recent years. Contributions by philosophers, sociologists, and law and literature scholars raise questions about neo-conservatism, freedom, security and the new legitimation of torture, and demonstrate how this war brings political and discursive power to bear on democracy, human rights and individuals in places as far-flung as Iraq, Bali, and the U.S. Artworks by internationally renowned war artist George Gittoes, and several essays by cultural theorists return a critical emphasis to the role of visual media, affect, gender and popular culture in understanding and rethinking war. Interrogating the War on Terror’s multi-disciplinary and international perspectives will be useful to scholars and students alike in addressing this highly topical issue. The essays reference mainstream sources and widely-documented events in the war on terror, making it accessible also to the general reader.
The 'War on Terror' and the Framework of International Law
| Author | : Helen Duffy |
| Publisher | : Cambridge University Press |
| Total Pages | : 542 |
| Release | : 2005-07-28 |
| Genre | : History |
| ISBN | : 0521838509 |
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The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.
Beyond the Law
| Author | : Jordan J. Paust |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2007-09-24 |
| Genre | : Political Science |
| ISBN | : 1139467263 |
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Provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations and orders of the Bush administration. It describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It offers the most thorough documentation of cases demonstrating that the President is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. Special military commissions contemplated by President Bush are analyzed along with the Supreme Court's decision in Hamdan concerning their illegal structure and procedures, as well as problems created by the 2006 Military Commission Act.
State Terrorism and Human Rights
| Author | : Gillian Duncan |
| Publisher | : Routledge |
| Total Pages | : 202 |
| Release | : 2013-03-05 |
| Genre | : Political Science |
| ISBN | : 1136679677 |
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This book aims to improve understanding of the broad trends in the utilisation of political violence by examining the use of state terror in world politics. The ending of the Cold War and the overthrow of communism in Eastern Europe led many to assume that this presaged the demise of the one-party terror regime and acceptance of Western concepts of democracy, freedom and human rights throughout the international system. But of course this did not end state terror. The totalitarian one-party state still exists in North Korea and China, and there are numerous military regimes and other forms of dictatorship where the use of terror techniques for internal control is routine. The late Professor Paul Wilkinson conceived and began this project with the intention of analysing the major types of international response to state terror, as well as their outcomes and their wider implications for the future of international relations. In keeping with this original premise, the contributors explore the history of terrorism, as well as reflecting on the need for international cooperation based on the protection of civilians and a consistent approach to intervention in conflict situations. This book will be of much interest to students of terrorism studies, political violence, human rights, genocide, and IR in general.
