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Counter-Terrorism, Human Rights and the Rule of Law

Crossing Legal Boundaries in Defence of the State Edited by Aniceto Masferrer, University of Valencia, Spain and Clive Walker, University of Leeds, UK
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.
Extent: 360 pp
Hardback Price: $154.00 Web: $138.60
Publication Date: 2013
ISBN: 978 1 78195 446 1
Availability: In Stock
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  • Law - Academic
  • Criminal Law and Justice
  • Human Rights
  • Terrorism and Security Law
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.
‘This edited book contains very informative, well-researched and well-argued chapters. It brings to the fore legal and conceptual issues that have preoccupied lawyers, academics and government officials since 9/11.’
– Stéphane Lefebvre, Rutgers School of Criminal Justice

‘A 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 security powers. It carefully examines the boundaries between crime and thought, crime and war, the domestic and the international and the legal and the illegal-boundaries that were once seen as inviolate, but which have become blurred during the last turbulent decade.’
– Kent Roach, University of Toronto, Canada
Contributors: M.L. Anglí, S. Bronitt, B. Dickson, S. Donkin, F. Galli, J.-M.L. Gorostiza, S. Hufnagel, A. Masferrer, M.C. Meliá, J. Moran, A. Petzsche, A. Staniforth, C. Walker, S. Wallerstein, D.P.J. Walsh
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