Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State

Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State

Overview

The initial responses to 9/11 engaged categorical questions about ‘war’, ‘terrorism’, and ‘crime’. Now the implementation of counter-terrorism law is infused with dichotomies – typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems.


This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.

Product Details

ISBN-13: 9781781954461
Publisher: Edward Elgar Publishing
Publication date: 11/13/2013
Pages: 360
Product dimensions: 6.10(w) x 9.30(h) x 0.90(d)

About the Author

Edited by Aniceto Masferrer, University of Valencia, Spain and Clive Walker, University of Leeds, UK

Table of Contents

Contents:


PART I: CROSSING LEGAL BOUNDARIES IN CONCEPTUAL CATEGORIES

1. Countering Terrorism and Crossing Legal Boundaries

Aniceto Masferrer and Clive Walker


2. What does ‘Terrorism’ Mean?

Mariona Llobet Anglí


3. The Fragility of Fundamental Rights in the Origins of Modern Constitutionalism: Its Negative Impact in Protecting Human Rights in the ‘War on Terror’ Era

Aniceto Masferrer


4. Myths and Misunderstandings About Security, Rights and Liberty in the United Kingdom

Jon Moran


PART II: CROSSING LEGAL BOUNDARIES FROM LIBERTY TO CRIME

5. Terrorism as a Criminal Offence

Manuel Cancio Meliá and Anneke Petzsche


6. Freedom of Thought or ‘Thought-crimes’? Counter-terrorism and Freedom of Expression

Francesca Galli


7. Terrorism and Crimes against Humanity: Interferences and Differences at the International Level and their Projection upon Spanish Domestic Law

Jon-Mirena Landa Gorostiza


8. Safety Interviews, Adverse Inferences and the Relationship between Terrorism and Ordinary Criminal Law

Shlomit Wallerstein


PART III: CROSSING LEGAL BOUNDARIES IN CRIMINAL JUSTICE SYSTEMS

9. Critical Perspectives on the Evaluation of Counter-Terrorism Strategies: Counting Costs of the ‘War on Terror’ in Australia

Susan Donkin and Simon Bronitt


10. The Right of Access to a Lawyer in Terrorist Cases

Brice Dickson


11. Erasing the Distinction between Anti-terrorist and Criminal Justice Measures in Ireland: Past and Present

Dermot P.J. Walsh


PART IV: CROSSING LEGAL BOUNDARIES IN COUNTER-TERRORISM ORGANISATIONS

12. Cross-border Law Enforcement in the Area of Counter-terrorism: Maintaining Human Rights in Transnational Policing

Saskia Hufnagel


13. Detention in Extremis: Transferring Lessons from Counter-terrorism Policing to Military Detentions

Clive Walker


14. The Amplification and Melding of Counter-terrorism Agencies: From Security Services to Police and Back Again

Clive Walker and Andrew Staniforth


Bibliography


Index

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