Human Rights and Non-discrimination in the 'War on Terror'

Human Rights and Non-discrimination in the 'War on Terror' PDF

Author: Daniel Moeckli

Publisher: OUP Oxford

Published: 2008-01-24

Total Pages: 304

ISBN-13: 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.

Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror' PDF

Author: Richard Ashby Wilson

Publisher: Cambridge University Press

Published: 2005-10-03

Total Pages: 376

ISBN-13: 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.

The One Percent Doctrine

The One Percent Doctrine PDF

Author: Ron Suskind

Publisher: Simon and Schuster

Published: 2008-09-04

Total Pages: 384

ISBN-13: 184739616X

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In his devastating new book Pulitzer Prize-winning journalist Ron Suskind takes readers inside the defining conflict of our era: the war between the West and a growing, shadowy army of terrorists, armed with weapons of alarming power. Relying on unique access to former and current government officials, this book will reveal for the first time how the US government -- from President Bush on down -- is frantically improvising to fight a new kind of war. Where is the enemy? What have been the real victories and defeats since 9/11? How are we actually fighting this war and how can it possibly be won? Filled with astonishing disclosures, Suskind's book shows readers what he calls "the invisible battlefield" -- a global matrix where US spies race to catch soldiers of jihad before they strike. It is a real-life spy thriller with the world's future at stake. It also reveals the shocking and secret philosophy underpinning the war on terror. Gripping and alarming in equal measure, it will reframe the debate about a war that, each day, redefines America and its place in the world.

Human Rights in Times of Conflict and Terrorism

Human Rights in Times of Conflict and Terrorism PDF

Author: Louise Doswald-Beck

Publisher: OUP Oxford

Published: 2011-09-22

Total Pages: 600

ISBN-13: 0191621145

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This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

In Pursuit of Justice

In Pursuit of Justice PDF

Author: Richard B. Zabel

Publisher:

Published: 2008

Total Pages: 190

ISBN-13:

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In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

Equality and Non-Discrimination in Armed Conflict

Equality and Non-Discrimination in Armed Conflict PDF

Author: George Dvaladze

Publisher: Edward Elgar Publishing

Published: 2023-11-03

Total Pages: 317

ISBN-13: 1035315254

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In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. The book provides a general overview of the guarantees of equality and non-discrimination under both International Humanitarian Law (IHL) and human rights, demonstrating key principles and notions with illustrative examples from contemporary armed conflicts. This book will be a beneficial resource for legal audiences interested in international law, namely law of armed conflict or IHL, human rights, and non-discrimination.

When the Emperor Was Divine

When the Emperor Was Divine PDF

Author: Julie Otsuka

Publisher: Anchor

Published: 2007-12-18

Total Pages: 162

ISBN-13: 0307430219

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From the bestselling, award-winning author of The Buddha in the Attic and The Swimmers, this commanding debut novel paints a portrait of the Japanese American incarceration camps that is both a haunting evocation of a family in wartime and a resonant lesson for our times. On a sunny day in Berkeley, California, in 1942, a woman sees a sign in a post office window, returns to her home, and matter-of-factly begins to pack her family's possessions. Like thousands of other Japanese Americans they have been reclassified, virtually overnight, as enemy aliens and are about to be uprooted from their home and sent to a dusty incarceration camp in the Utah desert. In this lean and devastatingly evocative first novel, Julie Otsuka tells their story from five flawlessly realized points of view and conveys the exact emotional texture of their experience: the thin-walled barracks and barbed-wire fences, the omnipresent fear and loneliness, the unheralded feats of heroism. When the Emperor Was Divine is a work of enormous power that makes a shameful episode of our history as immediate as today's headlines.

International Human Rights Law and Practice

International Human Rights Law and Practice PDF

Author: Ilias Bantekas

Publisher: Cambridge University Press

Published: 2016-09-29

Total Pages: 925

ISBN-13: 1316677664

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Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.

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